IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT

VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

INDEX

S.No. Particulars Pages

1. Vakalatnama

DATED:
DELHI:

KOHLI & SOBTI

Advocates for the Applicant
A-59A, First Floor, Lajpat Nagar-II
New Delhi – 110024.
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT

VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

INDEX

S.No. Particulars Pages

1. List of Documents with documents

DATED:
DELHI:

KOHLI & SOBTI

Advocates for the Applicant
A-59A, First Floor, Lajpat Nagar-II
New Delhi – 110024.
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT

VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

INDEX

S.No. Particulars Pages

1. Court Fees

2. Concise Statement

3. Original Application

4. Affidavit in support

5. Affidavit of Penal Interest

DATED:
DELHI:

KOHLI & SOBTI

Advocates for the Applicant
A-59A, First Floor, Lajpat Nagar-II
New Delhi – 110024.
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT

VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

INDEX

S.No. Particulars Pages

1. Court Fees

2. Concise Statement

3. Original Application

4. Affidavit in support

5. Affidavit of Penal Interest

6. List of Documents with documents

7. Vakalatnama

DATED:
DELHI:

KOHLI & SOBTI

Advocates for the Applicant
A-59A, First Floor, Lajpat Nagar-II
New Delhi – 110024.
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI
OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT
VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS
CONCISE STATEMENT

The Defendants had approached the Applicant seeking to

avail a Corporate Card as offered by the Applicant vide
application form, duly signed by the Defendants herein,
whereby they had sought issuance of American Express
Corporate Card bearing No.376946129631008 in the name of
the Defendants. The Defendants have been using the said
Card for availing credit facilities from the Applicant and has
thereby confirmed to be bound by certain specific terms and
conditions, whereby the Defendants were/are liable to make
payments of the various charges, as are applicable for the
retention and utilization of the said Card. The Defendants,
however, failed/avoided to adhere to the said terms of the
payment, despite repeated demands made by the Applicant in
this regard. Accordingly, the Applicant called upon the
Defendants to pay the various amounts due to them in
respect the aforesaid Card with further interest and other
monies thereon at the respective contractual rates and has
demanded the same. The Defendant has failed to pay the
same as per demand. Hence, this OA.

As such the Defendants are liable to pay to the Applicant a

sum of Rs.5,00,77,072.97 in respect of the said Card more
particularly described in Para 6 of the present Original
Application. The said Defendants are also liable to pay further
interest and other charges thereon on the footing of interest,
as agreed upon, to the Applicant from the date of filing of the
present petition, till recovery.
APPLICANT
DATED:
DELHI: THROUGH
COUNSEL FOR THE APPLICANT
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT
VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

DETAILS OF THE APPLICATION

1. PARTICULARS OF THE APPLICANT:

(i) NAME OF THE APPLICANT:

AMERICAN EXPRESS BANKING CORP.

(ii) ADDRESS OF THE OFFICE:

AMERICAN EXPRESS BANKING CORP.

Cyber City, Tower-C, Building No.8,
Sector-25, DLF City, Phase-II,
Gurgaon – 122 002.

(iii) ADDRESS FOR SERVICE OF ALL NOTICES:

AMERICAN EXPRESS BANKING CORP.

Cyber City, Tower-C, Building No.8,
Sector-25, DLF City, Phase-II,
Gurgaon – 122 002.

2. PARTICULARS OF THE DEFENDANTS:

(A) NAME OF THE DEFENDANT:

1. M/S.SHREE SHYAM PULP & BOARD MILLS LTD.

2. NARESH KUMAR GUPTA,

MANAGING DIRECTOR OF SHREE SHYAM PULP &
BOARD MILLS LTD.

3. AMIT KUMAR,
EXECUTIVE DIRECTOR OF SHREE SHYAM PULP &
BOARD MILLS LTD.
(B) ADDRESS OF THE DEFENDANT:

1. M/s. Shree Shyam Pulp & Board Mills Ltd.

A Company incorporated under the Companies Act
Having its office at:
A-257, Road No.6, NH-8, Mahipalpur
New Delhi – 110037.

2. Naresh Kumar Gupta,

Managing Director of Shree Shyam Pulp &
Board Mills Ltd.
A-257, Road No.6, NH-8, Mahipalpur
New Delhi – 110037.
Also at:
E-14/4C, E-Block, Pooorvi Marg
Vasant Vihar, Delhi – 110057.

3. Amit Kumar,
Executive Director of Shree Shyam Pulp &
Board Mills Ltd.
A-257, Road No.6, NH-8, Mahipalpur
New Delhi – 110037.
Also at:
D-1/21, Janak Puri,
New Delhi – 110058.

3. JURISDICTION OF THE TRIBUNAL:

The Applicant declares that the subject matter of the recovery

of debts due falls within the jurisdiction of this Hon'ble
Tribunal as the Defendants resides and works for gain at
Delhi.

4. LIMITATION:

The Applicant declares that the application is within the

limitation prescribed in Section 24 of the Recovery of Debts
Due to Banks and Financial Institutions Act, 1993. American
Express Corporate Card bearing No.376946129631008 has
been issued to the Defendants, pursuant to application dated
22.10.2012. The said Card was issued on or about
12.11.2012. The Defendants have been regularly billed by
means of the periodical statement(s), issued by the Applicant
in relation to the said Card. Last such statement being dated
21.07.2016. The last purchase, on the basis of the said Card
had been made by the Defendant on 24.12.2013. It is
pertinent to mention here that the Defendants had issued,
inter-alia, a cheque dated 12.04.2014, in the sum of
Rs.14,50,002/-, in favour of the Applicant, towards part
discharge of their liability qua the Applicant. The said cheque
was however returned dishonoured on presentation, to the
bankers for encashment.

The Defendants committed repeated default in making the

payments towards various charges for the retention and user
of the aforesaid Corporate Card and accordingly, the Applicant
under the circumstances was constrained to issue legal notice
dated 16.11.2016, duly sent and served upon the Defendants,
by Speed Post A.D., thereby calling upon the Defendant to
clear/pay the outstanding dues within a period of 7 days from
the receipt of the said notice. Further the cause of action
available to the Applicant against the Defendants is
continuing one. Hence, the Application is well within limitation
prescribed under the law.

5. FACTS OF THE CASE:

(i) M/s. AMERICAN EXPRESS BANKING CORP. a

corporation organized under the New York State
Banking Law, USA, with limited liability; authorized to
carry on banking business in India; and having its
principal office in India at MGF Metropolitan, 7th Floor,
Saket District Centre, New Delhi-110017. The copy of
certificate of incorporation of the Applicant Company
alongwith copy of License dated 27.02.2008 issued by
the Reserve Bank of India to carry on banking business
in India are annexed herewith and marked as
Annexure-‘A’ (Colly). The present application on its
behalf is being filed by Mr. Dipender Singh, the
Authorised Officer of the applicant, who has been
authorized in this regard, vide Power of Attorney dated
07.10.2016, copy whereof is annexed hereto and
marked as Annexure-“A1”. He is even otherwise well
conversant with the facts of the present case.
(ii) The Applicant is engaged, inter-alia, in the
business of rendering credit facilities, by way of
issuance of Credit/Charge cards.

(iii) That the Defendant No.1 is a company

incorporated under the Companies Act, 1956. The
Defendant No.1 vide an application form dated
22.10.2012 applied to the Applicant, seeking issuance
of an “American Express Corporate Card”. As per the
representations made by all the Defendants, the
Defendant No.1 Company vide a Resolution passed by
the Board of Directors of the said Company, had
authorized the opening of the said Corporate Card
Account in the name of and on behalf of the Defendant
No.1 Company. It was further resolved by the Board of
Directors of Defendant No.1 Company that Mr.Naresh
Kumar Gupta, that is, the Managing Director of
Defendant No.1 Company being Defendant No.2 herein
and Mr. Amit Kumar, Executive Director of Defendant
No.1 Company, being Defendant No.3 herein, were
authorized, singly/jointly, to operate the said Corporate
Card in the name of and on behalf of the Defendant
No.1 Company. In addition to the afore-referred
application, an application form had also been signed
and submitted by the Defendant No.3 herein regarding
the said Corporate Card. The said Application had in
fact been signed by both, the Defendant No.3 as well as
Defendant No.2 herein, for and on behalf of Defendant
No.1 Company. Consequently, on the basis of the
specific representations made by the Defendants herein
and in response to the afore-referred applications and
further subject to the terms and conditions governing
the said issuance of Corporate Card, the Applicant
issued a Corporate Card bearing No.376946129631008,
on or about 12.11.2012. The copy of the application
form submitted by Defendant No.1 is annexed herewith
and marked as Annexure-“A2”. The copies of the
supporting documents filed alongwith the said
Application of the Defendant No.1 Company are
annexed herewith and are collectively marked as
Annexure-“A3” (Colly). The copy of the application
submitted by Defendant No.3 as referred above is
annexed herewith and marked as Annexure-“A4”.
The copy of the supporting documents filed alongwith
the said Application of the Defendant No.3 is annexed
herewith and marked as Annexure-“A5” (Colly). The
copy of the Resolution passed in the meeting of the
Board of Directors of the Defendant No.1 Company
thereby authorizing Defendant No.1 & 2 herein, to
operate the said Corporate Card is annexed herewith
and marked as Annexure-“A6”. It is pertinent to
mention here that alongwith the said Card, the
Defendants were also handed over, the “Most Important
Terms and Conditions”, which contained the terms and
conditions, on which the said Corporate Card was issued
to the Defendants, including the terms pertaining to the
user of the said Card. Further, a Corporate Card
Account Agreement was also provided to the
Defendants. It is pertinent to mention here that as per
the Undertaking/Company Authorization executed by
the Defendants while submitting the Application Form,
the Defendants had asked for the issuance of the said
Card, and all the Defendants had agreed and accepted
to be bound by the conditions of the American Express
Corporate Card Account Agreement in respect of the
Corporate Card issued at their request. The Defendants
had further bound themselves to the terms and
conditions of use, which would accompany the Card
including the terms and conditions enumerated in the
“Most Important Terms and Conditions” (MITC). Thus,
issuance of the Card by the Applicant, on the
request/application of the Defendants, constituted a
binding contract, duly concluded between the parties
herein. The copy of the said MITC is annexed herewith
and is marked as Annexure-“A7”. The copy of the
 Corporate Card Account Agreement is annexed herewith
and marked as Annexure-“A8”.

(iv) That the Defendants accepted the said American

Express Corporate Card, and the said Card was used by
the Defendant Nos.2 & 3. As per the Most Important
Terms and Conditions, the standard annual fee of
Rs.3100.00 was leviable on the said Corporate Card.

(v) That in terms of the “Most Important Terms and

Conditions”, as well as the terms of the “Corporate Card
Account Agreement” governing the said Corporate Card,
all the Defendants were required to make the payment
in respect of the charges/credit availed by utilizing such
card, by the due date mentioned on the monthly
statement received by the card holder. As per the
expressly agreed terms governing the said Corporate
Card, the Corporate Cardmember, that is, Defendant
Nos.2 & 3 herein and the Company, that is, Defendant
No.1, jointly and/or severally were/are to be held liable
for all charges.

(vi) It is pertinent to mention here that the Defendant

No.1 herein had specially agreed that its liability
towards the said Corporate Card Account shall in no
way be affected by the dispatch of the monthly
statement of charges, to the Corporate Cardmembers.

(vii) Under these circumstances, all the Defendants

were/are jointly and/or severally liable to make the
payment of the charges pertaining to the user and
retention of the said Corporate Card, to the Applicant.

(viii) The Defendants were/are required to pay the full

amount as reflected in the statement of accounts
pertaining to the said Corporate card, by the payment
due date, to the Applicant. No interest/charges/fee is
levied by the Applicant, in case the charges are paid, by
the due date mentioned in the Monthly Statement.
 However, in case any Cardmember does not pay the
total dues as on such due date, then in that event, a
delinquency fee/interest is leviable on the unpaid
balance @ 3.5% per month. Besides, the said interest,
service tax and other charges are also billed/charged
with respect to the said Corporate Card. Thus,
delinquency fee/interest, service tax and other charges,
compositely quantify as 3.93% per month of such
unpaid balance. Such delinquency fee as well as
service tax and other applicable charges are levied
@3.93% per month, only if the Applicant does not
receive payment in full of the charges shown in the
monthly statement, by the payment due date. Unpaid
delinquency fee is also treated as overdue amount and
is further subject to delinquency fee.

(ix) It was further agreed by the Defendants that in

case of any discrepancy in the monthly statement
pertaining to the said Corporate Card, they would
inform to the Applicant in writing, about such
discrepancy, if any, within 21 days of the date of the
statement. It was further mutually agreed that in case
the Defendants did not/do not notify the Applicant of an
error or omission in the Statement, within 21 days of
the date of such statement, then in that event such
statement would be conclusively settled to be complete
and correct in all respects.

(x) That the Defendant Nos.2 & 3 ever since the

issuance of the Card, have been using the said Card, for
making purchases from the approved merchant outlets
of the Applicant, against the applicable charges.

(xi) That as per the established procedure followed by

the Applicant, the Defendant Nos.2 & 3 would sign a
charge slip at the time of making purchases through the
said Card. The charge slip would be issued to the
Defendant Nos.2 & 3 by the merchant outlet from which
 the Defendants would make purchases. The said
merchant outlet in turn would demand the amount
mentioned in the charge slip from the Applicant. The
Applicant thus, has been making payments to various
merchant outlets, on behalf of the Defendants from
whom the Defendants have been making purchases, as
per the charge slips produced by such merchant outlets
from time to time.

(xii) That the payments made by the Applicant on

behalf of the Defendants is duly recorded in the
accounts maintained by the Applicant in the regular
course of its business. The Applicant has been sending
monthly statements of account to the Defendants,
which showed the outstanding payable by them from
time to time. The Defendants were required to bring to
the notice of the applicant any discrepancy in the
monthly statements that had been issued to him by the
Applicant, failing which the Applicant was entitled to
assume the correctness of the accounts. It is pertinent
to mention that the Defendants have not disputed any
of the monthly statements of account issued by the
Applicant nor has disputed any transaction recorded in
any of the statements till date thus admitting the
correctness of the entries mentioned therein. Even
otherwise, the Defendants have not denied their liability
to pay the amounts demanded by the Applicant, till
date.

(xiii) That apart from the payments made by the

Applicant on behalf of the Defendant, the Defendant is
also contractually liable to pay service charges, and
other charges namely Annual Maintenance Charges,
service tax etc. as applicable, to the Applicant. All
these charges are also duly debited in the account of
the Defendants.
(xiv) That as per the statement of account maintained
by the Applicant in the regular course of its business the
Defendants used the said Corporate Card lastly on
24.12.2013. The Defendants had issued, inter-alia, a
cheque dated 12.04.2014, in the sum of
Rs.14,50,002/-, in favour of the Applicant, towards part
discharge of their liability qua the Applicant. The said
cheque was however returned dishonoured on
presentation, to the bankers for encashment. It is
submitted that the Defendants, since the date of
issuance of the above said Corporate Card, are irregular
in paying the outstanding amount to the Applicant in
respect of credit facilities enjoyed on the said card.

(xv) It would be relevant to emphasize here that

towards part discharge of its liability qua the Applicant,
the Defendants also issued the following cheques, in
favour of the Applicant as detailed hereunder:

SR. Cheque Date Cheque Amt Bank

NO. No.
1. 612723 11.04.2014 Rs.2,14,50,000/- Syndicate Bank,
New Delhi
2. 775408 30.01.2014 Rs.2,39,50,000/- Citibank N.A.
New Delhi

Upon presentation to its bankers for encashment, the

said cheques were returned dishonoured by the bankers
of the Defendants. The Applicant was therefore
constrained to issue statutory notices as contemplated
in Section 138 of the Negotiable Instruments Act 1881.
Since the Defendants not complied with the said
statutory notices as such the Applicant was constrained
to institute complaint case(s) under the provisions of
Section 138 of the N.I. Act, against the Defendants and
the said complaint cases are pending adjudication
before the Competent Court(s), at Delhi. The copies of
the statutory notices, sent by the Petitioner to the
Defendants, are annexed herewith and are collectively
marked as Annexure-“A9”(Colly). The copies of the
 complaint cases instituted by the Applicant against the
Defendants invoking Section 138 read with Section 141
of the Negotiable Instruments Act 1881 are collectively
annexed herewith and are marked as
Annexure-“A10”(Colly).

(xvi) That after duly crediting to the account of the

Defendants in respect of the part payments received
from the Defendants from time to time in part discharge
of Defendant’s liability and, debiting its account in
respect of the credit availed by the Defendants from
time to time along with interest and other charges
namely, Membership Fee etc. contractually payable by
the Defendants, a sum of Rs.5,00,77,072.97, was
payable by the defendant to the Applicant, as on
21.07.2016.

That the Defendants have failed to pay/honour their

liabilities, as aforesaid, despite repeated requests by
the officials of the Applicant. Ultimately, the Applicant
was constrained to send and serve upon the Defendant,
a legal notice dated 16-Nov-16 through its counsel, by
Speed Post A.D. at the addresses of the Defendants,
whereby the Defendants were asked to pay the
aforesaid amount within a period of 7 days of the
receipt of the said notice. The Defendants were further
notified that in the event of default in complying with
the said notice, the Applicant shall also be entitled to
recover the said amount alongwith interest, cost and
other charges. The office copy of the said notice is
annexed herewith and marked as Annexure-“A11”.
The postal receipts are annexed herewith and marked
as Annexure-“A12 (Colly)”. The delivery reports
generated from the official Website of India Post is
annexed herewith and marked as Annexure-“A13”
(Colly).
(xvii) It is reiterated here that as per the agreed terms
and in the circumstances of the matter, both the
Defendants are jointly and/or severally liable to pay the
following amounts to the Applicant:

S.No. Particulars Amount

i) The amount outstanding as Rs.5,00,77,072.97

on 21.07.2016

alongwith further interest @ 18% per month from the

date of the OA till realization. The Original Application
has been filed within the period of limitation, as
stipulated under law.

(xviii) That the Applicant has maintained statement of

accounts in computerized forms with respect to the said
Corporate Card. The duly certified statement of account
in respect of the said Corporate card is annexed
herewith and marked as Annexure-A14 (Colly). The
certificate under Section 65B of the Indian Evidence Act
is annexed herewith and marked as Annexure-A15.

6. INTERIM RELIEFS SOUGHT

The Applicant prays for the following inter

Orders/relief(s):-

i) This Hon’ble Tribunal be pleased to issue a

temporary injunction to restrain Defendants by
themselves, their agents, servants,
representatives and employees from selling,
alienating, transferring, encumbering or otherwise
disposing-off or dealing with or creating any third
party rights in any manner whatsoever in regard
to their immovable assets.

ii) This Hon’ble Tribunal be pleased to direct the

Defendants to disclose on oath in their respective
affidavits before this Hon’ble Tribunal all their
 present assets moveable or immovable and grant
attachment before judgment of the said
properties.

iii) This Hon’ble Tribunal be pleased to direct the

Defendants to place on record of this Hon’ble
Tribunal, its Audited Annual Balance Sheets of the
previous three years as well as Bank account
statement of last 3 years.

iv) This Hon’ble Tribunal be pleased to issue Show

Cause Notice to the Defendants directing them to
show cause as to why they should not furnish
substantial security in the nature of Bank
Guarantee in the sum of Rs.5,00,77,072.97
to the satisfaction of this Hon’ble Tribunal within
the period that this Hon’ble Court may deem fit
and proper and upon their failure to show cause
pass; to an order for attachment of the personal
or joint property and any other property that may
be brought to the notice of the Hon’ble Tribunal
by the Applicant from time to time.

v) Any other interim order(s) as this Hon’ble Tribunal

may deem fit and proper in the facts and
circumstances of the present case be granted in
favour of the Applicant and against the
Defendants.

7. RELIEFS SOUGHT

In view of the facts mentioned hereinabove, the Applicant

prays for the following reliefs:

(i) this Hon’ble Tribunal be pleased to order and decree

and issue a certificate for recovery against the
Defendants, thereby holding them liable to pay to the
Applicant, a sum of Rs.5,00,77,072.97 alongwith
further interest @18% p.m. with effect from the date of
filing of the present application, till realization in full;
(ii) award cost to the Applicant

(iii) grant such other/further direction as this Hon’ble

Tribunal may deem fit and proper to meet the ends of
justice.

8. THE GROUNDS FOR RELIEF AND THE LEGAL

PROVISIONS:

Since the Defendants have failed and neglected to make

payments towards various charges, for retention and user of
the said Corporate Card, the Applicant is entitled to the
relief’s sought for, based on the Recovery of Debts Due to
Banks & Financial Institutions Act 1993 (as amended), Indian
Contract Act, 1872, Interest Act, 1978, Code of Civil
Procedure, 1908 and such other enactments which may have
bearing on the facts of this case.

9. MATTER NOT PENDING WITH ANY OTHER COURT

ETC.

The Applicant further declares that the matter regarding

which this Application has been made is not pending before
any Court of Law or any other Authority or any other Bench of
the Tribunal.

10. PARTICULARS OF DRAFT/POSTAL ORDER IN

RESPECT OF THE APPLICATION FEE:

i) Name of the Bank on

which drawn : Axis Bank Ltd.

ii) Drawn in favour of : Registrar Debt Recovery

Tribunal

iii) Demand Draft & Date :

iv) Amount : Rs.1,50,000/-

11. DETAILS OF INDEX

An Index in duplicate containing the details of the documents

is enclosed.
12. LIST OF ENCLOSURES

Refer to Index of Documents enclosed.

DATED:
APPLICANT
FILED THROUGH

COUNSEL FOR THE APPLICANT

VERIFICATION:

I, Dipender Singh, Authorized Officer of the Applicant, duly

authorized by it, do hereby verify that the contents of the
Paras 1 to 11 of the Application are true and correct to my
knowledge & belief and based on the official records of the
Applicant Company. No part of it is false and nothing material
has been concealed therefrom.

Verified at Delhi on this __ day of December 2016.

DATED: APPLICANT
 IN THE DEBTS RECOVERY TRIBUNAL, NEW
DELHI
OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT
VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANT

LIST OF DOCUMENTS FILED

Annexure Particulars of Document Pages

A (Colly) True Copy of Certificate of Incorporation of

the Applicant Company alongwith copy of
License dated 27.02.2008 issued by RBI

A1 True copy of Power of Attorney dated

07.10.2016

A2 The copy of the application submitted by

the Defendant No.1

A3 (Colly) True copies of the supporting documents

filed by the Defendant No.1
Company

A4 True copy of the Application submitted by

Defendant No.3

A5 (Colly) True copy of the supporting documents

filed by the Defendant No.3

A6 True copy of the Resolution passed in the

meeting of the Board of Directors of the
Defendant No.1 Company.

A7 True copy of Most Important Document

A8 True copy of the Cardmember Agreement

A9 (Coly) True copies of Legal Notice sent under

Section 138 NI Act

A10 True copies of Complaint cases instituted

(Colly) by the Complainant against the Defendant
under Section 138 NI Act

A11 Office copy of the Notice dated 16.11.2016

A12 Original Postal Receipts

(Colly)
A13 Delivery Report generated from the Official
(colly) Website of India post.

A14 Certified copy of the statement of account

(Colly) in respect of the Corporate Card

A15 Certificate under Section 65B of the Indian

Evidence Act.

RELIANCE

Originals and Relevant Records.

DATED:
COUNSEL FOR THE APPLICANT
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT
VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANT

AFFIDAVIT
I, Dipender Singh, Authorised Officer of M/s. American
Express Banking Corp., having its office at Cyber City, Tower-
C, Building No.8, Sector-25, DLF City, Phase-II, Gurgaon –
122 002, presently at Delhi do hereby solemnly affirm and
declare as under:

1. That I am the Authorised Officer of the Applicant in the

captioned matter. I am well conversant with the facts
of the case and thus competent to swear this affidavit.

2. That the accompanying original application has been

drafted under my instructions and the statement of
facts mentioned therein are true and correct to my
knowledge and may be read as part of this affidavit.

3. I say that the Addresses of the Defendants are their last

known addresses. The amount is payable by the
Defendants, as per the terms and conditions governing
the said Corporate Card, duly agreed by the
Defendants.

DEPONENT
VERIFICATION:

I, the above-named, Deponent do hereby solemnly verify that

the contents of the above affidavit are true and correct, as
per the records of the Applicant. No part of it is false and
nothing material has been concealed therefrom.

Verified at Delhi on this ___ day of December 2016.

DEPONENT
 IN THE DEBTS RECOVERY TRIBUNAL, DELHI
OA # __________ OF 2016
M/s. AMERICAN EXPRESS BANKING CORP. …APPLICANT

VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS. ….DEFENDANTS

KNOW ALL to whom these presents shall come that I, Dipender Singh Authorised Officer of
the above named Applicant do hereby appoint

KOHLI & SOBTI, ADVOCATES

Sh. Ajay Kohli (D/547/93), Sh. S.S. Sobti (D/907/93), Ms. Ritu Sobti (D/549/93)
Mr.Prabhakar Pandey (D/1748/06), Ms. Priyanka Ghorawat (D/2907/2013),
Ms. Bhumika Kapoor (D/2710/2014), Advocates
A-59A, First Floor, Lajpat Nagar-II, New Delhi – 110024.

hereinafter called the advocate(s) to be my/our Advocate in the above noted case authorize
them:-

To act, appear and plead in the above-noted case in this Court or in any other Court in which
the same may be tried or heard and also in the appellate Court including High Court subject to
payment of fees separately for each court by me/us.

To sign, file, verify and present pleadings, appeals cross-objections or petitions for executions
review, revision, withdrawal, compromise or other petitions or affidavits or other documents
as may be deemed necessary or proper for the prosecution of the said case in all its stages
subject to payment of fees for each stage.

To file and take back documents to admit and/or deny the documents of opposite party.

To withdraw or compromise the said case or submit to arbitration any difference or disputes
that may also touching or in any manner relating to the said case.

To take execution proceedings.

To deposit, withdraw and receive money, cheques, cash and grant receipts thereof and to do
all other acts and things which may be necessary to be done for the progress and in the course
of the prosecution of the said case.

To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign
the power of attorney on our behalf.

And I/we undersigned do hereby agree to ratify and confirm all acts done by the `Advocate or
his substitute in the matter as my/our own acts, as if done by me/us to all intents and purposes.

And I/we undertake that I/we or my/our duly authorized agent would appear in the Court on
all hearings and will inform the Advocate for appearance when the case is called.

And I/we undersigned do hereby agree not to hold the advocate or his substitute responsible
for the result of the said case. The adjournment costs whenever ordered by the Court shall be
of the Advocate, which he shall receive and retain for himself.

And I/we the undersigned do hereby agree that in the event of the whole or part of the fee
agreed by me/us to be paid to the advocate remaining unpaid, he shall be entitled to withdraw
from the prosecution of the said case until the same is paid up. The fee settled is only for the
above case and above Court for a period of three years only I/we hereby agree that once the
fee is paid. I/we will not be entitled for the refund of the same in any case.

IN WITNESS WHEREOF I do hereunto set my hand to these presents the contents of which
have been understood by me on this ______day of December 2016.
Accepted subject to the terms of the fees.

Advocates Client Client

 IN THE DEBTS RECOVERY TRIBUNAL, DELHI

OA # __________ OF 2016

M/s. AMERICAN EXPRESS BANKING CORP.

…APPLICANT
VERSUS

SHREE SHYAM PULP & BOARD MILLS LTD. & ORS.

….DEFENDANTS

AFFIDAVIT

I, Dipender Singh, Authorised Officer of M/s. American

Express Banking Corp., having its office at Cyber City, Tower-
C, Building No.8, Sector-25, DLF City, Phase-II, Gurgaon –
122 002, presently at Delhi do hereby solemnly affirm and
declare as under:

4. That I am the Authorised Representative of the

Applicant Company in the captioned matter. I am well

conversant with the facts of the case and thus

competent to swear this affidavit.

5. I say that the Applicant Company has filed the

captioned Original Application against the Defendants

herein for recovery of Rs.5,00,77,072.97 alongwith

further interest.

6. I say that no penal interest has been charged by the

Applicant upon the outstanding dues of the Defendants

herein. In fact, the Applicant Company has charged

only the interest (Delinquency fee), service tax and

other charges compositely @3.93% per month on the

unpaid balance, due to be paid by the Defendants

herein. The same have been charged on account of

default/non receipt of the payment, due and

 outstanding as per the monthly statement provided to

the Defendant herein from time to time.

7. I say that the said interest, has been charged by the

Applicant, in terms of the Cardmember Agreement

executed by the Defendants herein.

DEPONENT
VERIFICATION:

I, the above-named, Deponent do hereby solemnly verify that

the contents of the above affidavit are true and correct, as

per the records of the Applicant. No part of it is false and

nothing material has been concealed therefrom.

Verified at Delhi on this ___ day of December 2016.

DEPONENT