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Horizon Global Limited Vs Anya Interprises

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0% found this document useful (0 votes)
95 views25 pages

Horizon Global Limited Vs Anya Interprises

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 25

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD

YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST

DISTRICT, ROHINI COURTS, NEW DELHI

CS (COMM.) NO. 920 OF 2022

IN THE MATTER OF :

Anya Enterprises Exim Pvt Ltd. …Plaintiff

VERSUS

Horizon Global Limited …Defendant

AND

Horizon Global Limited …Applicant

VERSUS

Anya Enterprises Exim Pvt Ltd. …Respondent


INDEX

S No. Particular Page No.


1 Memo of Parties
1-2
2. Court Fees 3
3. Application for setting aside the order/decree dated
on 08.08.2024, under order 9 rule 13 read with
section 151 of the code of civil procedure, 1908 on 4-9
behalf of applicant/proposed defendant. Along with
affidavit.

4. Annexure A-1
A true copy of the ex-parte order/decree dated 10-16
08.08.2024
5 Annexure A-2
A true copy of the order dated 27.04.2024 17

6. An Application for condonation of delay under


section 5 of Limitation Act 18-21
7. Vakalatnama along with Board Resolution
22-23

DEFENDANT

Through,

Cauvery Rawal & Vishal Jha


Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91-9711068653 & +91- 8744890803
Email: [email protected]

Dated:- 01.10.2024
Place:- New Delhi
1

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD


YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST

DISTRICT, ROHINI COURTS, NEW DELHI

CS (COMM.) NO. 920 OF 2022

IN THE MATTER OF :

Anya Enterprises Exim Pvt Ltd. …Plaintiff

VERSUS

Horizon Global Limited …Defendant

AND

Horizon Global Limited …Applicant

VERSUS

Anya Enterprises Exim Pvt Ltd. …Respondent

MEMO OF PARTIES

1. Horizon Global Limited …Applicant


Through its Authorized Representative
Regd Office at:- 15, Nimri Colony, Ashok Vihar,
Phase IV, New Delhi 110052.

Versus

2. M/s Anya Enterprises Exim Pvt Ltd.


Through its Authorized Representative
Regd Office at:- J-26, Ground floor, Udyog Nagar
Industrial Area, Rohtak Road
New Delhi 110041.
Tel:- 011-32913158
Mob:- 09911809669 …Respondent

Applicant
2

Through,

Cauvery Rawal & Vishal Jha


Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91-9711068653 & +91- 8744890803
Email: [email protected]

Dated:- 01.10.2024
Place:- New Delhi
3

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD


YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST

DISTRICT, ROHINI COURTS, NEW DELHI

CS (COMM.) NO. 920 OF 2022

IN THE MATTER OF :

Anya Enterprises Exim Pvt Ltd. …Plaintiff

VERSUS

Horizon Global Limited …Defendant

AND

Horizon Global Limited …Applicant

VERSUS

Anya Enterprises Exim Pvt Ltd. …Respondent

COURT FEES

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Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91- 8744890803
Email: [email protected]

Dated:- 01.10.2024
Place:- New Delhi
4

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD


YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST

DISTRICT, ROHINI COURTS, NEW DELHI

CS (COMM.) NO. 920 OF 2022

IN THE MATTER OF :

Anya Enterprises Exim Pvt Ltd. …Plaintiff

VERSUS

Horizon Global Limited …Defendant

AND

Horizon Global Limited …Applicant

VERSUS

Anya Enterprises Exim Pvt Ltd. …Respondent

APPLICATION FOR SETTING ASIDE THE ORDER/DECREE DATED


08.08.2024 UNDER ORDER 9 RULE 13 READ WITH SECTION 151 OF
THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF
APPLICANT/PROPOSED DEFENDANT.

MOST RESPECTFULY SHOWETH:

1. That the plaintiff has instituted the aforementioned suit for recovery,

culminating in an ex-parte decree against the applicant/proposed

defendant on 08.08.2024. A true copy of the ex-parte order/decree

is annexed herewith as Annexure A-1 for the perusal of this Hon’ble

Court.
5

2. That the proposed defendant, by virtue of this application, humbly

beseeches this Hon’ble Court to set aside the decree pronounced on

08.08.2024. which was obtained in favor of the plaintiff and to the

detriment of the proposed defendant. It is incumbent to assert that the

plaintiff has engaged in egregious misrepresentation, thereby inveigling

this Hon’ble Court to render a decree in its favor under erroneous

premises.

3. The proposed defendant, in the interest of justice and to prevent a serious

miscarriage of it, aims to highlight certain key facts that clearly show the

plaintiff used deliberate tactics to secure a favorable decree by

misrepresenting the truth. These important facts are outlined below:

A.) A meticulous perusal of the online court records pertaining to the

present suit evidences that the plaintiff initiated the instant

recovery proceedings on 05.12.2022 In accordance with

procedural propriety, summons were issued to the defendant.

However, the plaintiff, with calculated duplicity, wilfully

neglected to effectuate proper service of the summons and the

plaint, thereby engineering an ex-parte decree. The plaintiff, in its

quest for a favourable order, abstained from serving the proposed

defendant and, on the non-appearance of the proposed defendant,

prevailed upon this Hon’ble Court to proceed ex-parte and decree

the suit in its favor.


6

B.) It is patently discernible that the plaintiff was in possession of the

official address and correct contact details of the defendant,

including the defendant’s electronic mail addresses:

[email protected]

[email protected]. Nevertheless, the plaintiff

chose not to effect service upon the defendant either physically or

electronically, resulting in the proposed defendant remaining

oblivious to the pendency of the suit. As a direct consequence of

this omission, the proposed defendant had no knowledge of the

proceedings until the ex-parte decree had been passed.

C.) That the proposed defendant only became aware of the ex-parte

decree when the plaintiff, through informal communication,

informed them of its existence. Furthermore, the proposed

defendant, along with their counsel, appeared before the Hon’ble

Court on 27.04.2024. However, due to unforeseen circumstances,

the main counsel for the applicant, Mr. Sanjeev Soni, was

unavailable, and regrettably, the ex-parte decree had already been

passed. Copy of the order dated 27.04.2024 is annexed as

Annexure A-2

4. The defendant, acting in good faith and without any deliberate delay,

explains that the failure to appear in court was unintentional and not
7

within their control. The absence was solely due to the plaintiff's

deliberate choice not to provide proper notice of the legal proceedings.

5. That the proposed defendant has a substantial defence on merits and

earnestly seeks an opportunity to contest the suit in a lawful and equitable

manner. If the ex-parte decree is not set aside, the proposed defendant

will suffer irreparable detriment and an irretrievable miscarriage of

justice.

6. That the facts and circumstances of this case incontrovertibly reflect the

bona fides of the defendant, with no malintent or procrastination involved

in the delay of these proceedings.

7. That the proposed defendant, in the interest of equity, humbly prays that

this Hon’ble Court may graciously set aside the ex-parte decree dated

08.08.2024. thereby affording the defendant an opportunity to contest the

suit on its intrinsic merits.

8. This application is made in good faith, without any intention to harm the

plaintiff's rights. It is a fundamental rule of natural justice that everyone

should have a fair chance to present their case. Therefore, the defendant

respectfully requests this Hon'ble Court to cancel the ex-parte decree and

allow the defendant to challenge the plaintiff's case for its flaws.

PRAYER:
8

In view of the foregoing facts and circumstances, it is most humbly and

respectfully prayed that this Hon’ble Court may be pleased to:

a) Allow the present application and graciously set aside the ex-parte judgment

and decree dated on 08.08.2024, insofar as it pertains to the proposed defendant;

b) Pass such other orders as this Hon’ble Court may deem fit, proper, and just in

the interests of equity and justice.

Applicant

Through,

Cauvery Rawal & Vishal Jha


Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91- 8744890803
Email: [email protected]

Dated:- 01.10.2024
Place:- New Delhi

VERIFICATION

Verified at New Delhi on this day of , 2024 that the contents


of the above Application are true and correct to my knowledge, that no part of it
is false and nothing false has been concealed therefrom.

DEPONENT
9
BEFORE THE HChVBLE COURT OF LEARNED SHRf Vl \T» f >
VADAV , DISTRICT JUDGE ( COMMERCIAL COURT ) NORTH- VVFST
DISTRICT, ROHfM COL RTS. NEW DELHI
CS (COMM.) NO. 920 OF 2022
IN THE MATTER OF:
Anya Enterprises Exim Pvt Ltd. . . . Plaintiff* S;

VERSUS
Horizon Global Limited ... Defendant(Sji

AFFIDAVIT

I. Deepak Bhalla S 'o Sh. Ashok Kumar Bhalla aged about 40 years,
Authorizes Representation of the Defendant Company having my Registered
office at 15. Nimri Colony. Ashok Vihar, Phase IV New Delhi 110052, hereby
solemnly state and affirm as under.-

1. That I am the Authorized Representh e of the company in the above


captioned matter and I am authorized to institute and sign the present
affidavit.
2. That the Present Application has been drafted by my counsel under mu
instruction and the same has been read and understood by name and I say
knowledge and belief.
3. That the contenst of Para 1 to 8 of present application are true to my
personal knowledge derived from the official and are believed to be true.
O'/
c V/ '

. - 1. o

DEPONENT

VERIFICATION
202A
[ tfjSabove-name deponent, do hereby verm at the New- Delhi on this day of
October. 2024 that the contents of the Para 1 to 3 of the above Affidavit are true
and coma to the best of my knowledge and belief and no part of it is false and
nothing materia! has been concealed therefrom.

- /

DEPONENT
O&M
.A4v
,
- r.
\ 6 OCT aU
10 Annexure A-1

IN THE COURT OF VINOD YADAV:


DISTRICT JUDGE (COMMERCIAL COURT)-02:
NORTH-WEST DISTRICT: ROHINI COURTS: NEW DELHI

CNR No.DLNW010119362022
Civil Suit (Comm.) 920/2022

In the matter of:


M/s. Anya Enterprises Exim Pvt. Ltd.,
Through its Dir. Mr. Ajay Goel,
Situated at J-26, GF, Udyog Nagar Indl. Area,
Rohtak Road, New Delhi-110041.
.....Plaintiff
(Through Sh. Sanjeev Soni, Advocate)

Versus

M/s. Horizon Global Ltd.,


Through its Dir./Auth. Signatory
Mr. Deepak Bhalla
Regd. Add. At 15, Nimri Colony,
Ashok Vihar Phase-IV, Delhi-110052.

Also At : Plot No.9, Mujheri Indl. Area,


near NTPC Residence, Ballabhgarh-121004.
.....Defendant

(Defendant already ex parte vide order dt. 11.12.2023)

Date of Institution of Suit : 05.12.2022


Date of hearing final arguments : 08.08.2024
Date of judgment : 08.08.2024

SUIT FOR RECOVERY OF Rs.9,12,947/- (RUPEES NINE LACS TWELVE


THOUSAND NINE HUNDRED FORTY SEVEN ONLY)

EX-PARTE JUDGMENT:
11

1. This is a suit for recovery filed on behalf of plaintiff against the


defendants, thereby seeking a decree in the sum of Rs.9,12,947/- (RUPEES
NINE LACS TWELVE THOUSAND NINE HUNDRED FORTY SEVEN
ONLY) .

2. (i) The facts of the case in brief, as borne out from the record are
that plaintiff is a private limited company duly incorporated and registered with
the Registrar of Companies under the Companies Act, 1956. That plaintiff is
engaged in the manufacturing business/trade of ‘moulds’ etc. That defendant is
also a private limited company.
(ii) That plaintiff had been supplying the aforesaid goods to
defendant against tax invoices/delivery challans and maintaining running
account in this respect as per which an amount of Rs.9,12,947/- was shown as
outstanding against the defendant. That defendant lastly placed purchase order
bearing No.RGP No.388, dated 19.01.2019 for supply of aforesaid goods, i.e.,
mould PV below MAR619019 32 CAV, worth Rs.5,66,400/- which were
accordingly supplied vide invoice bearing No.128/2019-20, dated 12.09.2019.
The same was acknowledged in writing by defendant. That vide e-mails dated
12.09.2019 and 25.12.2020, the plaintiff sent account statements to the
defendant demanding payment of the outstanding amount.

3. That despite repeated requests/reminders from the plaintiff, the defendant


did not pay the outstanding amount and, therefore, plaintiff sent legal notice
dated 06.08.2022 to the defendant.

4. Accordingly, the plaintiff has filed the instant suit, thereby


invoking the provisions of Section 2(1)(c) of the Commercial Courts Act, 2015.
12

5. After filing of the suit, summons for settlement of issues were


issued against the defendant vide order dated 05.12.2022. The defendant was
served and despite repeated calls, none appeared on behalf of defendant.
Accordingly, defendant was proceeded “ ex-parte” on 11.12.2023 and the matter
was notified for ex-parte PE.

6. The plaintiff during the course of ex-parte evidence examined


Sh.Shailesh Pandey as PW-1 in the matter. PW1 in his evidence by way of
affidavit Ex.PW-1/A has reiterated the averments made in the plaint and has
proved on record the following documents :-

1. True Extracts of Board Resolution, dated


29.08.2022, passed by plaintiff company in my favour as
Ex.PW1/1, bearing signatures of Directors therein at points
A1 and A2;

2. Original Authorization Certificate dated


30.11.2022, issued by plaintiff company in my favour as
Ex.PW1/2, bearing signatures of Directors therein at points
B1 and B2;

3. Duly certified copy of Non-Starter Report dated


10.11.2022 as Ex.PW1/3;

4. True attested copy of Memorandum of Articles


of Assocation-cum-Certificate of Incorporation as Ex.PW1/4;

5. The documents exhibited as Ex.PW1/5 and


Ex.PW1/6 are de-exhibited as the same have already been
exhibited on record as Ex.PW1/1 and Ex.PW1/2 respectively;

6. Office copy of legal notice dated 06.08.2022,


sent on behalf of plaintiff to the defendant as Ex.PW1/7,
bearing signature of plaintiff’s counsel at point F-1 on each
13

page;

7. Two original postal receipts, both dated


08.08.2022 in respect of sending of aforesaid legal notice as
Ex.PW1/8 and Ex.PW1/9;

8. Tracking Report in respect of sending of


aforesaid legal notice as Ex.PW1/10 (Colly) (from page
Nos.54 to 56 of the paperbook);

9. Certificate U/s 65-B of Indian Evidence Act in


respect of aforesaid Tracking Report as Ex.PW1/11, bearing
signature of plaintiff’s counsel at point G-1;

10. Two original registered A/D sealed envelops


containing the aforesaid legal notice as Ex.PW1/12 and
Ex.PW1/13;

11. True attested copy of Statement of Account


maintained by plaintiff in respect of the transactions done with
the defendant for the period 01.04.2016 to 01.11.2022 as
Ex.PW1/14;

15. Certificate U/s 65-B of Indian Evidence Act in


respect of the aforesaid Statement of Account as Ex.PW1/15,
bearing my signature at point I-1;

16. Hard copies of E.Mails sent by plaintiff to the


defendant, dated 12.09.2019, 25.12.2020 and 12.07.2022 as
Ex.PW1/16 (Colly) (from page No.67 to 71 of the paperbook);

17. Copy of letter dated 14.01.2022, sent by


plaintiff to the defendant by post with copy of postal receipt
thereof as Mark PW1/17 and Mark PW1/18 respectively
(inadvertently mentioned as Ex.PW1/17 and Ex.PW1/18 in
my evidence affidavit);

18. Computer generated Tax Invoice No.128/2019-


14

20, dated 12.09.2019 for Rs.5,66,400, as Ex.PW1/19, bearing


signature of authorized person of plaintiff at point J-1 and
copy of Delivery Challan in respect of receipt of aforesaid
goods as Ex.PW1/20, bearing seal and signature of defendant
company and its authorized person at point K-1;

19. Computer generated Tax Invoice No.64/2018-


19, dated 10.07.2018 for Rs.3,06,800, as Ex.PW1/21, bearing
signature of authorized person of plaintiff at point L-1 and
copy of same above Invoice acknowledging receipt of
aforesaid goods as Ex.PW1/22, bearing seal and signature of
defendant company with date of its authorized person at point
M-1;

20. Computer generated Tax Invoice No.50/2018-


19, dated 13.06.2018 for Rs.3,06,800, as Ex.PW1/23, bearing
signature of authorized person of plaintiff at point N-1 and
copy of same above Invoice acknowledging receipt of
aforesaid goods as Ex.PW1/24, bearing seal and signature of
defendant company with date of its authorized person at point
O-1;

21. Copy of Master Data of defendant company as


Mark A;

22. Certificate U/s 65-B of Indian Evidence Act,


1872 concerning the sending of E.Mails dated 12.09.2019,
25.12.2020 and 12.07.2022 as Ex.PW1/25.

7. Thereafter, vide order dated 02.03.2024, ex-parte PE in the matter


was closed.

8. I have heard Sh. Sanjeev Soni, learned Counsel for the plaintiff and
perused the entire material on record.

9. Vide order dated 11.12.2023, defendant was proceeded “ex-parte”.


15

10. (i) From the perusal of record, it is clearly evident that defendant had
approached the plaintiff for business purpose. The execution of
necessary/requisite documents between the parties in this regard has been duly
proved on record by plaintiff.
(ii) The plaintiff has further proved on record the Ledger account in
respect of the defendant (Ex.PW1/14) wherein an amount of Rs.9,12,947/- is
reflected as outstanding against the defendant as on 12.09.2019.

11. The Legal notice dated 06.08.2022, sent by plaintiff to the


defendant was also duly served, as is apparent from Ex.PW1/7.

12. The defendant being ex-parte, the testimony of the plaintiff's


witness has remained unchallenged and unrebutted. There is nothing on record to
disbelieve the unrebutted testimony of the plaintiff's witness or to doubt the
authenticity and veracity of the documents exhibited and proved on record.
13. From the unrebutted testimony of PW-1 in the matter and the
documents proved by it on record, I am satisfied that the plaintiff has been able
to make out a good case for passing of decree in its favour. As regards the
quantum of interest, the transaction between the parties being commercial in
nature, I am of the considered opinion that interest @ 12% per annum would
meet the ends of justice.
14. (i) In view of the above, a decree in the sum of Rs.9,12,947/- (Rupees
nine lacs twelve thousand nine hundred forty seven only) along with interest @
12% per annum from 12.09.2019 till recovery is passed in favour of plaintiff and
against the defendant.
(ii) Plaintiff is also entitled to costs as well as counsel’s fee which is
16

quantified as Rs.22,000/-.
15. Decree Sheet be drawn accordingly, subject to payment of requisite
court fees.
16. File be consigned to Record Room after completion of necessary
formalities.

Dictated & Announced in the (Vinod Yadav)


open Court on 08.08.2024 District Judge (Commercial Court)-02
North-West/Rohini Courts
17
Annexure A-2

35CS (COMM.)920/22
ANYA ENTERPRISES EXIM PVT LTD Vs.
HORIZON GLOBALLIMITED

27.04.2024

Present: Sh. Mandeep Singh, Ld. Counsel for plaintiff.


Ms. Chanchal, Ld. Counsel for defendant (already ex parte)

The arguing counsel for the plaintiff Sh. Sanjeev Soni,


Advocate is stated to be not available.
In the interest of justice, list for ex parte final arguments now
on 04.07.2024.

(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/27.04.2024
18

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD


YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST

DISTRICT, ROHINI COURTS, NEW DELHI

CS (COMM.) NO. 920 OF 2022

IN THE MATTER OF :

Anya Enterprises Exim Pvt Ltd. …Plaintiff

VERSUS

Horizon Global Limited …Defendant

AND

Horizon Global Limited …Applicant

VERSUS

Anya Enterprises Exim Pvt Ltd. …Respondent

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963, FOR


CONDONATION OF DELAY

Most Respectfully Submitted:

1. The delay has occurred due to circumstances beyond the control of the

applicant, which constitute sufficient cause for condonation of the delay

as explained hereunder:

2. That the applicant has not yet received the official copy of the

decree/order. After discovering that the case was last heard on

(27.04.2024), the applicant checked the portal to find the order, which led

to an unintentional delay.
19

3. That it is submitted that the official court order was uploaded on the e-

portal at a delayed stage, thereby preventing the applicant from accessing

the same within the prescribed period of limitation. As the applicant had

to wait for the order to be officially uploaded for compliance and

preparation of the application, this further caused the delay.

4. That the delay days of 44 caused was neither intentional nor deliberate

but due to the reasons explained above, which are genuine and constitute

sufficient cause under Section 5 of the Limitation Act, 1963.

5. In the interest of justice, it is humbly prayed that this Hon’ble Court may

kindly condone the delay days of 44 in filing the application and allow

the applicant to proceed with the same.

PRAYER:

In the facts and circumstance of the present case and in light of the
submissions made hereinabove, it is most respectfully prayed that this
Hon’ble Court may be pleased to:

A: Pass an order condoning the delay.

B: Pass any other necessary and appropriate orders and direction, as this

Hon’ble Court may deem fit and proper in the facts and circumstances of
the case, in the interest of justice.
20

Through,

Cauvery Rawal & Vishal Jha


Advocates, Counsel for the Applicant
A-304,LGF, Defence Colony
New Delhi-110024
Ph: +91-9711068653 & +91- 8744890803
Email: [email protected]
Dated:- 01.10.2024
Place:- New Delhi
21

BEFORE THE HON’BLE COURT OF LEARNED SHRI VINOD


YADAV, DISTRICT JUDGE (COMMERCIAL COURT) NORTH- WEST
DISTRICT, ROIIINI COURTS. NEW DELHI
CS (COMM.) NO. 920 OF 2022
IN THE MATTER OF :
Anya Enterprises Exim Pvt Ltd. . .. Plaintiff(S)
VERSUS
Horizon Global Limited . .. Defendant(S)
AFFIDAVIT

I, Deepak Bhalla S/o Sh. Ashok Kumar Bhalla aged about 40 years,
Authorizes Representation of the Defendant Company having my Registered
office at 15, Nimri Colony, Ashok Vihar, Phase IV New Delhi 110052, hereby
,
solemnly state and affirm as under:-
1. That I am the Authorized Representive of the company in the above
captioned matter and I am authorized to institute and sign the present
affidavit.
2. That the Present Application has been drafted by my counsel under mu
,

instruction and the same' has been read and, understood by name and I say
knowledge and belief.
3. That the contenst of Pata 1 to 5 of present application are true to my
nprcnrial knowledge/derived from the official' and are believed to be true.

DEPONENT
VERIFICATION
1 6 OCT
** l the above-name deponent, do hereby verify at the New Delhi on this day of
5

October, 2024 that the contents of the Para 1 to 3 of the above Affidavit are true
and correct to the best of my knowledge and belief and no part of it is false and
has been

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VAKA 1 ATNAMA
RFIORK THE HON’ BLE COURT OF LKARNKDSHRI VIVOl ) V A DA V.
DISTRICT JUDGE ( COMMERCIAL COUR I ) NORTH - WEST
DISTRICT, ROHIM COURTS , NEW DELHI
Anya Enterprises Exini Pvt Ltd . Plainlil f (S )
'

VERSUS
Horizon Global Limited . . . Defendant(S)
Know All to whom these presents shall come that We undersigned appoint Mr.
Himanshu Rao & Vishal Kumar Jha . FOR THH PETITIONER in the above-
mentioned cause, to do all the following acts, deeds and things or any of them, that
is to say

(Cauvery Rawal), ( Himanhu Ran ) & ( Vishal Jha )


P/2155/2023 ( D/64*>9/2024 )
Office Address: A -304 , UGF. Defence Colons . Ness Delhi - 11002
Email : - 1 awful '* ivd » m u nmnil .cum
5yi >ASE FUND A :
Mob:- 9711068653 & 8^44890803 . 5

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may he necessars to he done tor the progress am! in the course of the prosecution , IV,
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S
1\7 > / u 'e hereby agree not hold the Advocate or hi* substitute responsible lor mwtm ,

of the sail! cause in conscvjucncv* of hi * absence from the court when the said case is

-
for hearing /O t A l f ^

J.P
,4 , V/ > / » «* hereby agree that in the event of the whole or any
'
• part of the fee I
me, us to bo paid to the Advocate remaining unpaid he shall be entitled to withdrawl
W& :
. NhuJi 314 B218
i

prosecution of the said cause until she same is paid .


f V > /, H e hereby agree that the Advocate will not he bound to appear for us if the case is
(

transferred to any other Court or the Court sits at any place other than its normal place of sitting.
.
/ V H'lTSESS W HERE OF I 'We hereunto set my our hand to these presents, the contents
of which have been explained to and understood by me us, this the 1st day of
October 2024. g
Vi£ai Ltd ,
(Cauvery Rawal)( Himanshu Rao . & Vishal Jha )
V
For Hon

^
Signature or Thumb impression

Director
23

HORIZON GLOBAL LIMITED


Registered Address: 15, Nimri Colony Ashok Vihar, Phase-4 New Delhi , Delhi-110052
CIN: U74120DL1999PLC102221
Email Id: [email protected] ; Contact No: 9818000581

CERTIFIED TRUE COPY OF THE BOARD RESOLUTION PASSED AT THE MEETING OF


THE BOARD OF DIRECTORS OF HORIZON GLOBAL LIMITED HELD ON 10 th October
2024 DAY OF Thursday AT 15,Nimri Colony Ashok Vihar Phase IV New Delhi 110052
STARTED AT 10:30AM AND CONCLUDED AT 11:00 AM
"RESOLVED THAT the consent of the Board be and hereby according to initiate/ defend the
proceeding against "Anya Enterprises Exit Pvt Ltd" and in this respect the Board decided
to file an application
“ RESOLVED THAT Mr. Deepak Bhalla S/ o Sh Ashok Kumar Bhalla Director of the Company
be and is hereby authorised to sign all the papers, notices, applications, plaints, petitions,
vakalatnama, affidavits and all other documents as may be required and take all action (s) ,
acts, deeds and things in relation to filing of application / petition under civil/ criminal
proceedings in District Court/ High Court or any other authority against Anya Enterises
Exit Pvt Ltd"
"RESOLVED FURTHER THAT Mr. Deepak Bhalla S/ o Shri Ashok Kumar Bhalla Director of
the Company be and is hereby authorized to do all such acts, deed and things as may be
deemed necessary to give effect to the aforesaid person"

"RESOLVED FURTHER THAT any of the Director of the Company, be and is hereby
authorised to issue certified true copy of this resolution to any authority or person, as and
when required."

For Horizon Global Limited

Dated:-10.10.2024
Place:- New Delhi ' ^
Tushar
Director
Kapoor
Director
Global -
Ltd

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