IN THE COURT OF LD.
DISTRICT JUDGE; (COMMERCIAL COURT), DIST.____________; XXXXXX COURTS, DELHI.
C.S. (COMM) NO. _____
OF 20___.
IN THE MATTER OF:-
XXXXXXXXXX PVT. LTD. : PLAINTIFF
VERSUS
MR. XXXXXXXX
Prop. of M/s. XXX Trading Company :
DEFENDANT
(P.S.__________________)
AFFIDAVIT UNDER ORDER XI RULE 6 (III) OF THE COMMERCIAL
COURTS ACT, 2015 READ WITH SECTION 65 B OF THE INDIAN EVIDENCE ACT, 1872
I, XXXXX, Authorised Representative of M/s. XXXXXXX Product Pvt. Ltd., having its
office at________________________, Delhi-1100__, do hereby solemnly affirm and
declare as hereunder:
1.
I say
that I am the AR of the Plaintiff Company in the above noted case and well
conversant with facts and circumstances of the case and such I am competent to
swear the affidavit.
2.
I say that for the purpose of present case I have printed
out the emails generated from the information stored in computer belonging to
me which is regularly used in ordinary course of business by me.
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S.
No.
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Document
(Electronic Record) |
Parties
to Electronic Record |
Manner
of Production of electronic record |
Date
and time of preparation or storage or issuance or receipt of electronic
record |
Source
of Electronic Record |
Date
and time of print of electronic record |
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1. |
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The printouts of the abovementioned
documents are printed under my instruction and have been filed with list of
documents.
3.
I say that I have stored information in office computer
which is regularly used by me in ordinary course of business and printout have
been taken under my instructions from printer which is regularly used by me in
the course of business.
4.
I say that I have been advised to state that the
conditions of Section 65B of the Indian Evidence Act, 1972 are complied with in
respect of these documents.
5.
I say that I in particular confirm:-
a)
That the computer system and printer are regularly used
by me to produce the computer output and store such record. The relevant
printouts were taken under my supervision and I have lawful control over the
use of the said computer system and printer in my office.
b)
That the relevant information from the correspondence was
a part of the input which was regularly fed by me to the computer system as a
part of the ordinary course of my business activities.
c)
That the computer system as used by me has been operating
properly and the documents and their accuracy and contents have not been
altered and tampered with during the transfer process in any manner whatsoever.
d)
That the information contained in the computer output is
an exact replica and has been produced from the original electronic record and
therefore reproduction of the information contained on the Electronic Records
therein.
DEPONENT
VERIFICATION:-
Verified at Delhi on ___ day of April,
2024 that the contents of my above affidavit are true and correct to the best
of my knowledge and belief and nothing material or relevant has been concealed
therefrom.
DEPONENT