IN THE COURT OF LD. DISTRICT JUDGE,
COMMERCIAL COURT; DIST._________; COURTS, DELHI
CIVIL SUIT (COMM) NO.
____ OF 20____.
IN
THE MATTER OF:-
XXXXXX BANK …PLAINTIFF
VERSUS
MS XXXX& ANR. …DEFENDANTS
AFFIDAVIT OF ADMISSION / DENIAL OF
DOCUMENTS FILED BY THE PLAINTIFF.
I, XXXXX, aged about __ years, W/o Late Sh. XXXXXX, R/o____________________, New
Delhi-1100__, do hereby solemnly affirm and declare as under:
1.
That the deponent is the
Defendant no.1 and is well conversant with the facts and circumstances of the
present case and as such the deponent is competent to swear the present
affidavit.
2.
That the plaintiff has
filed certain documents. The admission / denial of the said documents on behalf
of the deponent / defendant is as under:-
|
S.NO. |
PARTICULARS
OF DOCUMENTS |
ADMISSION
/ DENIAL |
REMARKS |
|
1. |
Statement of account
for the Term Loan Account No. XXXX of Shri XXXXXX maintained in ordinary and
regular course of business, as per banking norms and practice and duly
certified under the Banker’s Books of Evidence Act. |
Denied |
Denied |
|
2. |
Copy of Gazette
Notification No. GSR XXX dated 04.03.2020. |
Denied |
Denied |
|
3. |
Photocopy of Authority
Letter of the Plaintiff bank in favour of Sh. XXXXX of the Plaintiff bank. |
Denied |
Denied |
|
4. |
Original Loan
Application of Rs.4.60 Lacs. |
Denied |
Denied |
|
5. |
Original Performa
Invoice |
Denied |
Denied |
|
6. |
Original Sanction
Letter dated 07.11.2016. |
Denied |
Denied |
|
7. |
Original Composite
Hypothecation Agreement dated 07.11.2016 in form No. ASD-4 of the Plaintiff
bank along with requisite. Stamp Paper. |
Denied |
Denied |
|
8. |
Original a receipt in
Form No. XXX A&B of Rs.4,60,000/- duly signed on a Revenue Stamp by Shri.
XXXX for having received the loan amount through his S>B. Account No. XXXXXXX,
maintained with the Plaintiff bank. |
Denied |
Denied |
|
9. |
Original Letter of
Under taking Dated 07.11.2016. |
Denied |
Denied |
|
10. |
Original Letter of
Authorization dated 07.11.2016. |
Denied |
Denied |
|
11. |
Photocopy of RC of the
Hypothecated vehicle. |
Denied |
Denied |
|
12. |
Photocopy of Insurance
of the Hypothecated vehicle. |
Denied |
Denied |
|
13. |
Acknowledgement of Debt
Dated 27.08.2018. |
Denied |
Denied |
|
14. |
Acknowledgement of
legal heirs of death and liability dated 27.08.2018. |
Denied |
Denied |
|
15. |
Receiving of Letter of
Demand dated 16.09.2019 |
Denied |
Denied |
|
16. |
Office copy of Legal
Demand Notice dated 23.05.2022 sent to the Defendants by the Plaintiff bank
through Sh. XXXXXX, Advocate alongwith postal receipts pasted on one page. |
Denied |
Denied |
|
17. |
Original certificate
dated 23.08.2022 issued by Central District Legal Services Authority with the
reason of non-starter report. |
Denied |
Denied |
3.
That the contents of the
written statement on behalf of the deponent / defendant may kindly be perused
viz-a-viz the above admission/denial of the documents filed by the plaintiff.
4.
That it is my true and
correct statement.
DEPONENT
VERIFICATION:-
Verified at New
Delhi on this ____ day of September, 20__ that the contents of above affidavit
are true and correct to my knowledge. No part of it is false and nothing has
been concealed therefrom.
DEPONENT