Civil applications

Affidavit under Order XI Rule 6(3) Commercial Courts Act read with Section 65B Evidence Act for electronic records

Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

0 of 13 blanks filled

IN THE COURT OF THE LD. DISTRICT JUDGE (COMMERCIAL COURT), DIST. District name, Court complex name COURTS, DELHI.

C.S. (COMM) NO. Commercial suit number OF 20Last digit of year of suit

IN THE MATTER OF:

Plaintiff company name PVT. LTD.: PLAINTIFF

VERSUS

MR. Defendant's name

Proprietor of M/s. Defendant's firm name Trading Company: DEFENDANT

(P.S. Police station number)

AFFIDAVIT UNDER ORDER XI RULE 6(3) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, Deponent's name, Authorised Representative of M/s. Company name of deponent's employer Pvt. Ltd., having its office at Company office address, do hereby solemnly affirm and declare as under:

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted suit and am fully conversant with the facts and circumstances of the case. I am, therefore, competent to swear this affidavit.
2.That for the purpose of the present case, I have printed out the emails generated from information stored in a computer belonging to me and regularly used by me in the ordinary course of business.
S. No.Document (Electronic Record)Parties to Electronic RecordManner of Production of Electronic RecordDate and Time of Preparation or Storage or Issuance or Receipt of Electronic RecordSource of Electronic RecordDate and Time of Print of Electronic Record
1.

The printouts of the abovementioned documents have been taken under my instructions and are filed along with the list of documents.

3.That I have stored the said information in the office computer which is regularly used by me in the ordinary course of business, and the printouts have been taken under my instructions from a printer regularly used by me in the course of business.
4.That I have been advised to state that the conditions prescribed under Section 65B of the Indian Evidence Act, 1972 stand complied with in respect of the said documents.
5.That I particularly confirm:
(a)That the computer system and printer are regularly used by me to produce the computer output and to store such records. 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 formed part of the input regularly fed by me into the computer system in the ordinary course of my business activities.
(c)That the computer system, as used by me, has been operating properly, and the documents, together with their accuracy and contents, have not been altered or tampered with in any manner whatsoever during the transfer process.
(d)That the information contained in the computer output is an exact replica, produced from the original electronic record, and is a true reproduction of the information contained in the said electronic records.

DEPONENT

VERIFICATION:-

Verified at District name on Date of verification day of Month and year of verification, that the contents of my above affidavit are true and correct to the best of my knowledge and belief, and that nothing material or relevant has been concealed therefrom.

DEPONENT

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