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CAUSE NO. 2016-49450
HEMANT GAJARAWALA § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
SOMAIAH KURRE § 80 JUDICIAL DISTRICT
DEFENDANTS’ FIRST AMENDED ORIGINAL ANSWER
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 and would respectfully show the Court the following:
L
GENERAL DENIAL
Defendant, pursuant to Tex.R.Civ.P. Rule 92, denies each and every, all and singular, the
allegations contained in Plaintiff's Original Petition, including any amendments thereto, and
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.
VERIFIED PLEA
Without waiving the foregoing General Denial, to the extent required by law, Defendant
would assert the following verified plea:
A Further, and without waiving the foregoing, there the Memorandum of Understanding
upon which Plaintiff sues is usurious.
Til.
AFFIRMATIVE DEFENSES
Without waiving the foregoing General Denial and Verified Plea, to the extent required by
law, Defendant would assert the following affirmative defenses to allow the jury to fully considerthis matter:
1. Further, and without waiving the foregoing, Defendant asserts that there was duress
with regard to the Memorandum of Understanding.
2. Further, and without waiving the foregoing, Defendant asserts that there was fraud
with regard to the Memorandum of Understanding.
3. Further, and without waiving the foregoing, Defendant asserts that his right to an
offset with regard to the Memorandum of Understanding.
4. Further, and without waiving the foregoing, Defendant asserts that Plaintiff and
Intervenor have failed to mitigate their damages.
ey Further, and without waiving the foregoing, Defendant asserts that Plaintiffin 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 & CHARBONNET, PC
fe = ea
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 DEFENDANTVERIFYING AFFIDAVIT
“My name is SOMAIAH KURRE. I declare under oath that I have read the above Verified
Pleas and that the statements contained therein are within my personal knowledge and are true and
correct.”
Somaiah Kurre
Subscribed and sworn to before me on February __, 2017.
Notary PublicCERTIFICATE OF SERVICE
Ido hereby certify that a true and correct copy of the above and foregoing Defendant’s First
Amended Original Answer has been forwarded to the following on February‘7, 2017:
Isaac Villarreal
Andrew Green
McCathern, PLLC
2000 West Loop South, Suite 210
Houston, TX 77027
JOHN D. CHARBONNET, JR.
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CAUSE NO. 2016-49450 HEMANT GAJARAWALA § IN THE DISTRICT COURT OF § vs. § HARRIS COUNTY, TEXAS § SOMAIAH KURRE § 80 JUDICIAL DISTRICT DEFENDANTS’ FIRST AMENDED ORIGINAL ANSWER 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 and would respectfully show the Court the following: L GENERAL DENIAL Defendant, pursuant to Tex.R.Civ.P. Rule 92, denies each and every, all and singular, the allegations contained in Plaintiff's Original Petition, including any amendments thereto, and 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. VERIFIED PLEA Without waiving the foregoing General Denial, to the extent required by law, Defendant would assert the following verified plea: A Further, and without waiving the foregoing, there the Memorandum of Understanding upon which Plaintiff sues is usurious. Til. AFFIRMATIVE DEFENSES Without waiving the foregoing General Denial and Verified Plea, to the extent required by law, Defendant would assert the following affirmative defenses to allow the jury to fully considerthis matter: 1. Further, and without waiving the foregoing, Defendant asserts that there was duress with regard to the Memorandum of Understanding. 2. Further, and without waiving the foregoing, Defendant asserts that there was fraud with regard to the Memorandum of Understanding. 3. Further, and without waiving the foregoing, Defendant asserts that his right to an offset with regard to the Memorandum of Understanding. 4. Further, and without waiving the foregoing, Defendant asserts that Plaintiff and Intervenor have failed to mitigate their damages. ey Further, and without waiving the foregoing, Defendant asserts that Plaintiffin 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 & CHARBONNET, PC fe = ea 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 DEFENDANTVERIFYING AFFIDAVIT “My name is SOMAIAH KURRE. I declare under oath that I have read the above Verified Pleas and that the statements contained therein are within my personal knowledge and are true and correct.” Somaiah Kurre Subscribed and sworn to before me on February __, 2017. Notary PublicCERTIFICATE OF SERVICE Ido hereby certify that a true and correct copy of the above and foregoing Defendant’s First Amended Original Answer has been forwarded to the following on February‘7, 2017: Isaac Villarreal Andrew Green McCathern, PLLC 2000 West Loop South, Suite 210 Houston, TX 77027 JOHN D. CHARBONNET, JR.