IN THE COURT OF SH. ……..…………..; LD. SENIOR CIVIL JUGDE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C. SUIT NO. _____ OF 2022.

IN THE MATTER OF :-

x.                          : PLAINTIFF

VERSUS

xx.                                                              : DEFENDANT

N.D.O.H.: …...08.2024

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Affidavit of xxxx, Director of xxx, do hereby solemnly affirm and declare as under:-

1.                 That I am the AR / Director of the Plaintiff Company in the above-said case and well conversant with the facts of the case and competent to swear the present affidavit.

2.                 I state that the Deponent is a private limited company duly incorporated under the Companies Act, 1956, and is engaged in the business of dealing with Pumps, Motors, Transformers, and various other equipment, and is highly reputed and experienced in its field of business and caters to clientage at the national level. The Deponent Company in the captioned case is duly represented through and by its authorized representative and signatory, namely Mr. Xxxxx, who is authorized by the Deponent Company to represent the Deponent Company vide board resolution, and further, is also the director of the Deponent Company. Board Resolution dated ………. is Ex.PW1/1.

3.                 I further state that the Defendant is a private limited company, which is managed, handled and operated by Xxxxx That the said individual has & is been managing the day to day affairs of the Defendant Company, and is also responsible for its functioning. That the Defendant Company had approached the Deponent Company, through its said director, for the purpose of requesting the Deponent to supply numerous goods to the Defendant. That further, throughout the course of transaction with the Deponent Company, the said director, namely xx, has been acting for and on behalf of the said Defendant, and had been transacting with the Deponent. That in all the correspondences done between the Deponent and the Defendant company, the said director has been representing and taking the decisions for and on behalf of the Defendant.

4.                 I further state that the name of the Defendant Company at the time of the transaction with the Deponent Company was “xxx.”, however, having malafide intentions and in order to mislead its creditors, including the Deponent herein, the said director has changed the said name to “xxxx”. That the said factum is also evident from the MCA data attached with the present suit which shows the registered email address of the Defendant being the same one with which the Deponent had been transacting during its course of transaction with the Defendant, being “xxxx”. That the Deponent is also in the process of procuring the relevant documentation in order to substantiate the said factum. MCA data of the Defendant as available on the Website of Ministry of Corporate Affairs is Ex.PW1/8.

5.                 I further state that the Defendant, through its said representative, had approached the Deponent Company requesting the supply of goods on an urgent basis, and accordingly the parties met at the registered office of the Deponent company numerous times to finalize the terms of the transaction between the parties.

6.                 I further state that in pursuance of the mutually accepted terms and conditions for the supply of the goods, it was mutually agreed between the parties that:

a.         That Goods once sold will not be taken back;

b.         That interest @18% p.a. shall be levied by the Deponent Company upon the payment remitted after the expiry of the due date of payment; and

c.         That the said transaction shall be subject to Delhi jurisdiction.

7.                 I further state that the Defendant in light of the mutually accepted terms and conditions between the parties placed numerous orders upon the Deponent at its office in Delhi, and against such orders placed by the Defendant, the Deponent Company supplied the Defendant with the required goods as per its specifications & satisfaction.

8.                 I further state that in lieu of the goods being supplied by the Deponent to the Defendant, the Deponent with time raised numerous invoices, including invoice bearing no. no. TI/0625, TI/0737, GST-0914, GST-0915 & GST-1052 upon the Defendant. That it is pertinent to mention that the said goods and invoices were duly accepted by the Defendant without protest or demur of any manner whatsoever. That the Defendant had requested the said Deponent to supply numerous goods to itself as well as its associate entities (xx), and the bills were to be raised on the said Defendant only with the payments also to be also made through/by the said Defendant only. That the Deponent has also filed the transport receipts reflecting the said factum of goods being delivered to the said entity. Copies of invoices bearing no. TI/0625, TI/0737, GST-0914, GST-0915 & GST-1052 raised by the Deponent upon Defendant, along with supporting transport receipts qua the delivery of the said goods are Ex.PW1/2(colly).

9.                 I further state that the Defendant, without any protest or demur, accepted the goods and invoices supplied by the Deponent Company as the said goods were of utmost quality and in accordance to the Defendant’s requirements and specifications, and accordingly, the said Defendant made payments on a running basis to the Deponent. That the payment towards the last invoice bearing no. GST-1052 has till date not been fully paid to the Deponent, hence, the captioned suit has been filed by the Deponent. Copy of cheque bearing no. 360894 issued by the Defendant in favour of the Deponent towards the present liability, and in complete discharge of payment of/towards invoice bearing no. GST-1052 is Ex.PW1/3. Copy of cheque bearing no. 089090 issued by the Defendant in favour of the Deponent is Ex.PW1/4.

10.             I further state that against the goods being supplied and the invoices being raised, an amount of Rs. 1,45,620/- (INR One Lakh Forty Five Thousand Six Hundred and Twenty) is till date due and payable by the Defendant to the Deponent towards the last shipment of goods supplied by the Deponent, i.e. being in lieu of payment towards the invoice bearing no. GST-1052 dated 30.10.2018. Copy of Ledger of Account are Ex.PW1/5(colly). Test Certificates pertaining to some of the goods supplied by the Deponent to the Defendant are Ex.PW1/6(colly). Copy of some of the emails exchanged between the parties are Ex.PW1/7(colly).

11.             I further state that towards the payment of the said due amount and in discharge of its complete liability towards the Deponent, the Defendant (after numerous requests from the Deponent) had issued a cheque bearing no. 360894 dated 25.08.2019 drawn at Union Bank, Samalka Branch in favour of the Deponent, and had assured the Deponent that the said cheque shall be duly honored as and when presented, however, to the utter shock of the Deponent the said cheque as and when presented was dishonored with the remarks “Exceeds Arrangement” on/around 27.08.2019. that after the dishonour of the said cheque the Defendant had assured the Deponent that it shall make payment towards the said amount shortly, however, till date the said payment has not been made. Bank Statements reflecting the factum of the dishonor of cheque bearing no. 360894 are Ex.PW1/9(colly).

12.             I further state that since then, the Deponent has made numerous requests to the Defendant seeking payment of the due amount, however, to no success as the Defendant has failed to make the payment of the said due amount. That it is pertinent to mention herein that the Defendant, without any protest or demur, accepted the goods and invoices supplied by the Deponent Company as the said goods were of utmost quality and in accordance to the Defendant’s requirements and specifications, however, despite the same chose to default in making payment of the said due amount.

13.             I further state that as and when the orders were placed by the Defendant, the Deponent company delivered the required goods from its registered office, being of topmost quality and being as the per the specifications ordered by the Defendant, to the transport carrier(s) and subsequently through the medium of such transport carrier the goods were supplied by the Deponent company to the Defendant by or before the time period as requested by the Defendant, and at the places as requested by the Defendant. That accordingly, part payments were made at the Delhi office of the Deponent. Transport receipts towards the goods being supplied by the Plaintiff on instructions of the Defendants to M/s Umang Realtech for/towards invoice bearing no. GST-1052 are Ex.PW1/10(colly).

14.             I further state that the terms and conditions agreed between the parties were also incorporated in the invoices being issued by the Deponent company to the Defendant, including the factum of interest to be levied @ 18 p.a. towards payments remitted at a belated stage, hence, the Defendant is under an obligation to make payment of interest also towards the said delayed payment.

15.             I further state that the Deponent company has contacted the Defendant numerous times requesting the Defendant, to pay the due amount to the Deponent company, however, the Defendant, in one way or the other kept putting the matter on one pretext or the other for the purpose of delaying the payment of the due amount to the Deponent company.

16.             I further state that the Deponent company in lieu of the past business relationship with the Defendant, had chosen not to resort to any legal mechanism trusting that the due amount will be paid by the Defendant, along with the interest shortly, however, such trust of the Deponent company has been completely broken by the Defendant.

17.             I further state that till date an amount of INR 1,45,620 /- along with the interest at 18 (eighteen) %, is due and payable by the Defendant to the Deponent (hereinafter to be referred to as the “Due Amount”).

18.             I further state that despite numerous requests being made by the Deponent company, the Defendant, having mischievous and malaise intent from the start, has repudiated the request of the Deponent company seeking the payment of the Due Amount, moreover, the Defendant has started threatening the Deponent company of dire consequences by boasting about the high police and political connections of the Defendant.

19.             I further state that aforesaid act of the Defendant reneging out of their own express representation portrays an extremely ignominious image of themselves and the same shall be detrimental to their reputation in the entire business community.

20.             I further state that till date, the Deponent company has been made to suffer huge financial losses including loss of opportunities consequential out of the non-payment of the Due Amount by the Defendant, and such has caused severe hardships to the Deponent company for which the defendant is legally liable.

21.             I further state that axiomatic fact emerged from the above clearly shows that the Defendant has cheated the Deponent company with dishonest and mala fide intentions and the Defendant never had any intention to pay to the Deponent company. That despite the best efforts made by the Deponent company, there is complete failure and negligence on part of the Defendant to make the payment.

22.             I further state that the captioned suit is based on a contract being entered into and established between the parties pursuant to the invoices being raised by the Deponent (against the goods supplied for which the payment is due and payable). That the liability of the said amount of Rs. 1,45,620/- is an admitted liability by the Defendant, and against the discharge of this liability the Defendant had issued cheque bearing no. 360894. Further, the invoices raised by the Deponent categorically specify that interest @18% p.a. shall be applicable on the payments made at a delayed stage, hence, the same also being an admitted factum. Under the above-mentioned circumstances and considering the documents being filed in the captioned proceedings, the Deponent company has a right to file the present suit.

23.             I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge.

                                                                        DEPONENT

VERIFICATION:-

Verified at New Delhi on ___ day of July, 2024 that the contents of paras 1 to 23 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT