On July 26, 2016 a
Answer
was filed
involving a dispute between
Devsj Concrete Llc (Derivatively On Behalf Of Texas Conrete Enterprise,
Texas Concrete Enterprise Iv Llc,
Gajarawala, Hemant,
and
Kurre, Somaiah,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
CAUSE NO. 2016-49450
HEMANT GAJARAWALA § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
SOMAIAH KURRE § 80 JUDICIAL DISTRICT
DEFENDANT?’S FIRST AMENDED ORIGINAL ANSWER TO
PETITION IN INTERVENTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, SOMAIAH KURRE, Defendant in the above-styled and numbered cause,
and file this First Amended Original Answer to the Original Petition in Intervention and would
respectfully show the Court the following:
IL
GENERAL DENIAL
Defendant, pursuant to Tex.R.Civ.P. Rule 92, denies each and every, all and singular, the
allegations contained in Intervenor’s Original Petition in Intervention, including any amendments
thereto, and says that the same are not true, in whole or in part, and accordingly demands strict proof
thereof.
Il.
AFFIRMATIVE DEFENSES
Without waiving the foregoing General Denial, to the extent required by law, Defendant
would assert the following affirmative defenses to allow the jury to fully consider this matter:
i: Further, and without waiving the foregoing, Defendant asserts that Plaintiff's and
Intervenor’s own acts or omissions caused or contributed to the Intervenor’s alleged injury.
2s Further, and without waiving the foregoing, Defendant asserts that his conduct was
consistent with the business-judgment rule, including was in good faith, with due care and within hisauthority.
35 Further, and without waiving the foregoing, Defendant asserts that Plaintiff and
Intervenor have failed to mitigate their damages.
Se Further, and without waiving the foregoing, Defendant asserts that Intervenor in
equity and good conscience is not entitled to recover all the money sought.
WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that
Plaintiff and Intervenor take nothing in this suit, that Defendant recover costs of Court, and that
Defendant have such other and further relief at law or in equity, to which they may show itself to be
justly entitled.
Respectfully submitted,
KOCHMAN & C NNET, PC
By:
JOHN D. CHARBONNET, JR.
TBA NO. 00785758
12012 Wickchester, Suite 150
Houston, Texas 77079
713-871-2490 — phone
713-871-2495 — fax
jdcharbonnet@kdclaw.com - email
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing First Amended
Original Answer to Petition in Intervention has been forwarded to the following on April? , 2017:
Isaac Villarreal
McCathern, PLLC
2000 West Loop South, Suite 1850
Houston, TX 77027
JOHN D. CHARBONNET, JR.
Document Filed Date
April 20, 2017
Case Filing Date
July 26, 2016
Category
Debt/Contract - Debt/Contract
Status
Case On Appeal - Civil
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CAUSE NO. 2016-49450 HEMANT GAJARAWALA § IN THE DISTRICT COURT OF § vs. § HARRIS COUNTY, TEXAS § SOMAIAH KURRE § 80 JUDICIAL DISTRICT DEFENDANT?’S FIRST AMENDED ORIGINAL ANSWER TO PETITION IN INTERVENTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, SOMAIAH KURRE, Defendant in the above-styled and numbered cause, and file this First Amended Original Answer to the Original Petition in Intervention and would respectfully show the Court the following: IL GENERAL DENIAL Defendant, pursuant to Tex.R.Civ.P. Rule 92, denies each and every, all and singular, the allegations contained in Intervenor’s Original Petition in Intervention, including any amendments thereto, and says that the same are not true, in whole or in part, and accordingly demands strict proof thereof. Il. AFFIRMATIVE DEFENSES Without waiving the foregoing General Denial, to the extent required by law, Defendant would assert the following affirmative defenses to allow the jury to fully consider this matter: i: Further, and without waiving the foregoing, Defendant asserts that Plaintiff's and Intervenor’s own acts or omissions caused or contributed to the Intervenor’s alleged injury. 2s Further, and without waiving the foregoing, Defendant asserts that his conduct was consistent with the business-judgment rule, including was in good faith, with due care and within hisauthority. 35 Further, and without waiving the foregoing, Defendant asserts that Plaintiff and Intervenor have failed to mitigate their damages. Se Further, and without waiving the foregoing, Defendant asserts that Intervenor in equity and good conscience is not entitled to recover all the money sought. WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that Plaintiff and Intervenor take nothing in this suit, that Defendant recover costs of Court, and that Defendant have such other and further relief at law or in equity, to which they may show itself to be justly entitled. Respectfully submitted, KOCHMAN & C NNET, PC By: JOHN D. CHARBONNET, JR. TBA NO. 00785758 12012 Wickchester, Suite 150 Houston, Texas 77079 713-871-2490 — phone 713-871-2495 — fax jdcharbonnet@kdclaw.com - email ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing First Amended Original Answer to Petition in Intervention has been forwarded to the following on April? , 2017: Isaac Villarreal McCathern, PLLC 2000 West Loop South, Suite 1850 Houston, TX 77027 JOHN D. CHARBONNET, JR.