Case 2:15-cv-06598-LDW-GRB Document 1 Filed 11/17/15 Page 1 of 6 PageID #: 1

UNITED STATE DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
.............................................................................................. X
PERFUME NETWORK INC.
Docket No.
Plaintiffs,

- against - VERIFIED COMPLAINT

DSP TRADING INC. AND VIJAY

KUMAR TIKYANI

Defendants.
------------------------------------------------------------------------X

Plaintiff, by its undersigned counsel, alleges upon knowledge as to itself and its

own actions and upon information and belief as to all other matters alleged below as

follows:

NATURE OF THIS ACTION

1. This is an action for Breach of Contract, Fraud and Deceit, Punitive Damages and

Recovery of Money.

JURISDICTION AND VENUE

2. This court has original jurisdiction over this action pursuant to 28 USC §1332 in

that such jurisdiction is founded upon the diversity of citizenship between the

parties to this action and the matter in controversy exceeds, exclusive of interest

and costs, the sum of Seventy five thousand ($75,000.00).

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3. That pursuant to 28 USCA §1391(c)(2) basis for venue is residence or principle

place of business of plaintiff in the district. In this matter, plaintiff works for gain

in the County of Nassau as such Eastern District of New York is the proper venue

for the adjudication of this matter.

THE PARTIES

1. Perfume Network Inc. (herein after “Perfume”) is a corporation duly organized

under the laws of the State of New York with its principal place of business located at

70 Gordon Drive Syosset, NY 11791.

2. Upon information and belief DSP Trading Inc. (herein after “DSP”) is a domestic

business corporation duly incorporated in the State of New Jersey having its

principal place of business at 56 W. Ethel Road, Suite 5 Piscataway, NJ 08854.

3. Defendant Vijay Kamar Tikyani (herein after “Tikyani”) is an individual and

stockholder and officer of defendant DSP Trading inc. residing at 32 Lydia Lane

Edison, NJ 08817

BACKGROUND FACTS

4. The defendant owes the plaintiff $108,332.25 for goods sold and delivered by the

plaintiff to the defendant from June 25, 2015 until August 25, 2015 as per the

orders placed by defendant and detailed as under:

Invoice No. Invoice Date Amount

45609 June 25, 2015 $29,738.50

45669 July 08, 2015 $28,102.75

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45766 July 28, 2015 $16,341.00

45844 August 13, 2015 $19,722.00

45908 August 20, 2015 $4,180.00

45917 August 25, 2015 $10,248.00

5. That on or about August 25, 2015 defendant delivered a check in the sum of

$29,738.50 towards the payment of Invoice 45609 dated June 25, 2015 which was

personally promised by defendant Vijay Kumar Tikyani to be cashed towards the

part payment. Plaintiff presented the check to its bank and same was returned

unpaid for reason of ‘Insufficient funds’

6. Plaintiff informed the defendants about the return of check and also provided

notice of dishonored check by certified mail with return receipt..

7. None of the amounts as outstanding have been disputed by the defendant rather

defendant has acknowledged the outstanding debt, accepted the merchandise from

the plaintiff, and issued the checks towards the payment for the merchandise

already received.

8. Plaintiff, from time to time has requested and demanded payment in the sum of

$108,332.25 from the defendant but to no avail, hence this action.

FIRST CAUSE OF ACTION

BREACH OF CONTRACT

9. Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs

1 through 8 above.

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10. Defendants have committed breach of contract by violating the terms of the

transaction. Plaintiff had delivered all the merchandise as ordered by the

defendant, and fulfilled its obligation. However, defendant has, despite accepting

all of the merchandise supplied by plaintiff and acknowledging it’s obligation to

pay, has breached its duty to pay thereby, violating the terms of the transaction.

The said breach including defendant’s duty to pay and compensate plaintiff in an

amount believed to be in the sum of $108,332.25

SECOND CAUSE OF ACTION

FRAUD AND DECEIT

11. Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs

1 through 10 above.

12. Defendant Tikyani has committed, “fraud in the transaction” by issuing checks

to plaintiff knowingly that either it has insufficient funds in its bank or a request

not to present the checks when due and payable. Defendant Tykyani has

committed material fraud by wrongfully obtaining the merchandise with bad faith

and intention to obtain the merchandise without paying the consideration to the

plaintiff.

13. Defendant DSP through its agent, employee or representative has also committed

fraud and deceit upon plaintiff by delivering the checks without making sure the

payments would be made to the plaintiff.

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14. Defendants have committed fraud and deceit by delivering bad checks and

obtaining merchandise from the plaintiff for its material gain and are liable for the

payment of cost and expenses incurred by plaintiff in the amount of $108,332.25

plus cost and disbursement.

THIRD CAUSE OF ACTION

PUNITIVE DAMAGES

15. Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs

1 through 14 above.

16. Defendants have engaged in conduct that meets the relevant Federal and States

Standards for imposition of punitive liability for the reason that the conduct of the

defendants is willful, malicious, wanton and reckless in depriving plaintiff of his

due and owing amount in payment. By this plaintiff has suffered injury from the

above described conduct of the defendant. Therefore, defendant are liable to pay

punitive damages at least in the sum of 100,000.00

FOURTH CASE OF ACTION

RECOVERY OF MONEY

17. Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs

1 through 16 above.

18. Defendant DSP and Tikyani are indebted to plaintiff in the sum of $108,332.25

on account for an agreed price of goods sold and delivered by plaintiff to

defendant. No part of the amount due and owing from defendant to plaintiff has

been paid to date.

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19. Accordingly, there is now due and owing from defendant to the plaintiff the sum

of $108,332.25 along with the interest from June 25, 2015 calculated up to date.

DEMAND FOR RELIEF

WHEREFORE, plaintiff demands judgment against the defendants as follows:

a) On the first, second and fourth cause of action plaintiff demands judgment

against defendants in the sum of $108,332.25 plus interest calculated up to

date from June 25, 2015.

b) On the third cause of plaintiff demands judgment against defendants at

least in an amount of $100,000.00.

c) Award plaintiff attorney fees, legal cost and disbursements of this action.

d) Granting plaintiff such other and further relief as the Court deems just and
proper.

Dated: New York, NY

November 17, 2015

LAW OFFICES OF SANJAY CHAUBEY

By: __/s/ Sanjay Chaubey, Esq.__________

SANJAY CAUBEY, ESQ (SC-3241)
Attorneys for Plaintiffs

18 East 41st Street Suite 1704

New York, New York 10017
Phone: (212) 563-3223