IN THE COURT OF XX; LD. DISTRICT JUDGE (COMMERCIAL); CENTRAL DIST.,

TIS HAZARI COURTS, DELHI.

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:-

xxxx                                        : PLAINTIFF

VERSUS

xxxxx                             : DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Affidavit of xxxxx, aged about __ years W/o xxxx R/o xxx , do hereby solemnly affirm and declare as under:-

1.                 That I am the Defendant no.1 in the present case and am competent to swear this statement of truth. That I, the Deponent, am well conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.                 It is state that the Deponent and Defendant no.2 have a strong case in their favour and suit of the plaintiff is liable to be dismissed on the ground that the plaintiff’s suit is based on false, frivolous facts and documents as the Deponent and Defendant no.2 are neither the borrower nor the guarantors to the present unsecured car loan and officials of the bank till date have not made any efforts to take possession of the car bearing No.xxx till date which is registered with the Transport Department Delhi at xxxx as per the terms of  composite hypothecation agreement dated xxx which clearly demonstrate the illegal conduct of the plaintiff bank who just want to harass a poor Deponent and Defendant no.2 who are struggling to meet their bread and butter by doing menial job.

3.                 It is further state that as the Deponent and Defendant no.2 were never in possession of the said car as xxxx was driver/ owner of the said car and the Deponent and Defendant no.2 were not aware about any loan availed by xxx and nor they have seen or used the said car as both the Deponent and Defendant no.2 are neither the Borrower nor the Guarantors in the said unsecured car loan and it is further stated that the claim of the plaintiff bank is time barred as per averments of the plaint itself.

4.                 It is further state that the Plaintiff has not even annexed any certificate or bank stamp over the statements of Account as maintained by the Plaintiff and as such the same are forged and fabricated documents as no documents to prove the authenticity of the documents as filed by the Plaintiff has put forth on record.

5.                 It is further state that the documents filed by the Plaintiff alongwith the suit cannot be taken on the record as Plaintiff has relied on fabricated and false document, by interpolating the signatures of the Deponent and defendant No. 2 in order to lay a false claim upon the Deponent and Defendant no.2. The plaintiff bank in its desperate attempt to recover loan has forged signatures of defendant No.2 and as per the date of forged document defendant No.2 was a minor when his signatures were forged which clearly demonstrate the extent of illegality done by the plaintiff bank and its officials.

6.                 It is further state that the plaintiff bank and its recovery agents have forged the signatures of Deponent and Defendant no.2 and by creating the said forged documents plaintiff bank and its recovery agents are attempting to force an illegal liability upon the Deponent and Defendant no.2. That the contents of these 2 annexed pages makes it further crystalize that Deponent and Defendant no.2 were neither the sureties nor the guarantors for the alleged term loan as alleged hence no liability can be fastened upon the Deponent and Defendant no.2.

7.                 It is further state that the said car loan was never in the knowledge of the Deponent and Defendant no.2. It is further state that the Deponent and Defendant no.2 were never received any legal notice for demand of present recovery till date.

8.                 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 May, 2024 that the contents of paras 1 to 8 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

IN THE COURT OF XX; LD. DISTRICT JUDGE (COMMERCIAL); CENTRAL DIST.,

TIS HAZARI COURTS, DELHI.

C.S. (COMM.) NO. xx OF 2022.

IN THE MATTER OF:-

xxxxx                                                : PLAINTIFF

VERSUS

xxxxxx                                              : DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Affidavit of xxx , aged about __ years S/o xxx R/o xxxxx, do hereby solemnly affirm and declare as under:

1.                 That I am the Defendant no.2 in the present case and am competent to swear this statement of truth. That I, the Deponent, am well conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.                 It is state that the Deponent and Defendant no.1 have a strong case in their favour and suit of the plaintiff is liable to be dismissed on the ground that the plaintiff’s suit is based on false, frivolous facts and documents as the Deponent and Defendant no.1 are neither the borrower nor the guarantors to the present unsecured car loan and officials of the bank till date have not made any efforts to take possession of the car bearing No. xxx till date which is registered with the Transport Department Delhi at xxx  as per the terms of composite hypothecation agreement dated xxxx which clearly demonstrate the illegal conduct of the plaintiff bank who just want to harass a poor Deponent and Defendant no.1 who are struggling to meet their bread and butter by doing menial job.

3.                 It is further state that as the Deponent and Defendant no.1 were never in possession of the said car as xxx  was driver/ owner of the said car and the Deponent and Defendant no.1 were not aware about any loan availed by xxxx and nor they have seen or used the said car as both the Deponent and Defendant no.1 are neither the Borrower nor the Guarantors in the said unsecured car loan and it is further stated that the claim of the plaintiff bank is time barred as per averments of the plaint itself.

4.                 It is further state that the Plaintiff has not even annexed any certificate or bank stamp over the statements of Account as maintained by the Plaintiff and as such the same are forged and fabricated documents as no documents to prove the authenticity of the documents as filed by the Plaintiff has put forth on record.

5.                 It is further state that the documents filed by the Plaintiff alongwith the suit cannot be taken on the record as Plaintiff has relied on fabricated and false document, by interpolating the signatures of the Deponent and defendant No. 1 in order to lay a false claim upon the Deponent and Defendant no.1. The plaintiff bank in its desperate attempt to recover loan has forged signatures of Deponent and as per the date of forged document Deponent was a minor when his signatures were forged which clearly demonstrate the extent of illegality done by the plaintiff bank and its officials.

6.                 It is further state that the plaintiff bank and its recovery agents have forged the signatures of Deponent and Defendant no.1 and by creating the said forged documents plaintiff bank and its recovery agents are attempting to force an illegal liability upon the Deponent and Defendant no.1. That the contents of these 2 annexed pages makes it further crystalize that Deponent and Defendant no.1 were neither the sureties nor the guarantors for the alleged term loan as alleged hence no liability can be fastened upon the Deponent and Defendant no.1.

7.                 It is further state that the said car loan was never in the knowledge of the Deponent and Defendant no.1. It is further state that the Deponent and Defendant no.1 were never received any legal notice for demand of present recovery till date.

8.                 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 May, 2024 that the contents of paras 1 to 8 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