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

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