IN THE COURT OF XXLD.DISTRICT JUDGE; (COMMERCIAL-04) DIST. CENTRAL; XXCOURTS, DELHI.

C.S. (COMM.) NO. xx OF 2021.

IN THE MATTER OF:

XX

Through Its Xx    ….PLAINTIFF

VERSUS

XX

Prop. of Xx                     ….DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT OF THE DEFENDANT (DW1)

Affidavit of Xx S/o Late Xx, Proprietor of Xx, at Xx., do hereby solemnly affirm and declare as under:-

1.                 That I am the Defendant in the present case and as such I am conversant with the facts and circumstances of the case and competent to swear this Affidavit.

2.                 I say that the defendant submit that the proprietorship firm M/s xx at xx, xx run by Xx, was the sole proprietor of the firm who managing and controlling the day to day affairs of the aforesaid business before his demise, who passed away in xx due to Covid-19. Copy of death certificate is xxx The present defendant got a utter shock/surprise to know the present case filed by plaintiff on the false and frivolous facts which was already settled between the plaintiff and his father before his demise.

3.                 I further say that the transaction of grocery goods between plaintiff and defendant carried out on verbal transaction telephonically since many years. On telephonic conversation the goods were supplied by plaintiff to defendant on credit-basis time to time and defendant credited the amount to plaintiff within reasonable time after realization of groceries sales. The dispute as alleged herein by plaintiff is concocted and after thought when father of the defendant (xx) was ill severely due to corona).

4.                 I further say that the defendant father Xx was solely responsible to day to day business affairs of the firm and telephonic business conversation was carried out by himself of the defendant firm. There was no dispute during this whole business tenure had with the plaintiff and defendant. The dispute in question by plaintiff is concocted and after thought story to wrongful gain to himself and wrongful loss to defendant, which shall be illustrated by the Defendant in the later paragraph in the Present Affidavit.

5.                 I further say that the Plaintiff has put forth certain documents and if this Hon'ble Court looks carefully and examine the Invoices of the date 11^th of November 2019, it can be seen that there are two bills of the same date as fabricated by the Plaintiff as one of them bears Bill Mo 162 and the other one bears the Bill No as 017. In addition to the same, the Documents at Page 17-18 of the Paperbook are in complete contradiction with the documents as mentioned at Page 21-22, coupled with the fact that there is no acknowledgment of the Defendant in receiving the said quantity of goods as stands mentioned in fabricated invoices. That the Defendant squarely submits before this Hon'ble Court that the Defendant did receive goods but the goods as mentioned in the Para 17-18 are not as to what was received or sent by the Plaintiff.

6.                 I further say that the groceries goods supplied by plaintiff to defendant in Nov. 2019 to the tune of approx. Rs. 19 Lakh were of inferior quality, the fact which was also known to the Plaintiff and the Plaintiffs price was highly exaggerated as per market value due to husk and small insectides and their salebale price of grocery goods in market was not optimum to the price charged by plaintiff, few quantity of grocery goods out of the said grocery was non consumable to human due to spoilage and insecticide and defendant requested plaintiff to take back the said goods but plaintiff urged difficulty to defendant pertaining to inferior quality and spoilage of goods and return freight incurred to take back the non saleable stock. Finally on telephonic discussion it was communicated by plaintiff to defendant to sale the inferior and sub standard grocery goods to lower price and non saleable stock to dump on from the godown. After telephonic discussion the total price agreed between plaintiff and defendant pertaining to supplied goods used on the basis of quality and saleable was agreed to Rs. 10.50 Lakh for a full and final settlement amount and defendant father xxxx have paid the said final consideration amount in three installments by RTGS of Rs.2,50,000/- dated 27.12.2019 from account no. xxx  drawn on xxx and Rs.6 Lakhs on 28.01.2020 and Rs.2 lakhs on 30.01.2020 from the above said account and have paid in total of Rs. 10,50,000/-, which was the full and final settlement price as mutually discussed and decided over by the Parties..

7.                 I further say that as per telephonic conversation defendant has ordered the goods of superior quality and plaintiff has promised to supply the superior quality of goods and charged price accordingly but the plaintiff has supplied 40% of goods of inferior and sub standard quality in which few quantity of goods are spoilage in nature. The price charged by plaintiff to the goods supplied was highly exaggerated and beyond the market value to sale the goods in question which is reason for dispute between parties.

8.                 I further say that the defendant repeatedly requested to the plaintiff to return the remaining defective goods, but the plaintiff deliberately kept avoiding the request and time reasons for not paying proper attention to causes of spoilage of rotten goods and reasons for Covid-19 environment and on instruction of plaintiff the defendant had to be thrown away the said goods because in the warehouse there was a danger of this rotten goods and other goods getting infected and defendant had to suffer a lot of damages in terms of money. The defendant beared the loss and paid an amount of Rs.10.50 Lakh in three installments to plaintiff as mutually decided over by the Parties.

9.                 I further say that the defendant was anyway astonished qua the fact that plaintiff is now taking a leap of faith over the corona pandemic and bed ridden of defendant father and business disruption and concocted story to wrongful gain for himself and fabricated a false a frivolous legal notice dated 23.05.2020 to the defendant M/s xx

10.             I further say that the captioned proceeding being filed by the Plaintiff is not maintainable in the eyes of law. The captioned proceeding is per se malicious and has been filed with oblique and ulterior motives. It is stated that the Plaintiff in the captioned proceeding have made false and frivolous allegations against the Defendant knowing that the said allegations are false and frivolous in nature.

11.             I further say that the captioned proceeding initiated against the Defendant is a gross abuse of the process of law. The Plaintiff has initiated the present proceedings to harass the Defendant and to cause colossal loss to the proprietorship firm as the father of present defendant has lost his life during corona pandemic on 05.08.2020.

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

DEPONENT

VERIFICATION:-

Verified atxx on ___ day of October, 2023 that the contents of paras 1 to 12 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