Evidence affidavit of plaintiff (PW-1) in commercial suit for recovery
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IN THE COURT OF SH. Judge's name (first part)..Judge's name (second part).., Ld. Senior Civil Judge, District Central, Tis Hazari Courts, Delhi.
CIVIL SUIT NO. Civil suit number OF 2022
IN THE MATTER OF :-
x.: PLAINTIFF
VERSUS
Defendant's name.: DEFENDANT
N.D.O.H.: …...08.2024
EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW-1)
AFFIDAVIT OF Deponent's name, DIRECTOR OF Plaintiff company's name, WHO HEREBY SOLEMNLY AFFIRMS AND DECLARES AS UNDER:-
1.That I am the Authorized Representative / Director of the Plaintiff Company in the above-mentioned case; I am well conversant with the facts of the case and am 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 in pumps, motors, transformers and various other equipment. The Deponent Company is highly reputed and experienced in its field of business and caters to clients at the national level. The Deponent Company in the captioned case is duly represented through and by its authorized representative and signatory, namely Sh. Authorized representative's name, who is authorized to represent the Deponent Company vide a board resolution dated Date of board resolution, and who is also a Director of the Deponent Company. The board resolution dated Date of board resolution is Ex.PW1/1.
3.I further state that the Defendant is a private limited company which is managed, handled and operated by Defendant company's director's name. That the said individual has been managing the day-to-day affairs of the Defendant Company and is also responsible for its functioning. That the Defendant Company approached the Deponent Company, through its said Director, with a request to supply various goods to the Defendant. That throughout the course of transactions with the Deponent Company, the said Director, namely Defendant company's director's name, has been acting for and on behalf of the Defendant and has been transacting with the Deponent. That in all correspondence between the Deponent and the Defendant Company, the said Director has represented and taken decisions for and on behalf of the Defendant.
4.I further state that the name of the Defendant Company at the time of its transactions with the Deponent Company was "Defendant company's former name". However, with malafide intentions and in order to mislead its creditors, including the Deponent herein, the said Director changed the said name to "Defendant company's changed name". That this fact is also evident from the MCA data filed along with the present suit, which shows the registered email address of the Defendant to be the same as the one with which the Deponent had been transacting during the course of its dealings with the Defendant, namely "Trade name used during transactions". That the Deponent is also in the process of procuring the relevant documentation in order to substantiate the said fact. The MCA data of the Defendant, as available on the website of the Ministry of Corporate Affairs, is Ex.PW1/8.
5.I further state that the Defendant, through its said representative, approached the Deponent Company with a request to supply goods on an urgent basis. Accordingly, the parties met on numerous occasions at the registered office of the Deponent Company to finalize the terms of the transaction between them.
6.I further state that in pursuance of the mutually accepted terms and conditions for the supply of goods, it was mutually agreed between the parties that:
a.Goods once sold shall not be taken back;
b.Interest @ 18% p.a. shall be levied by the Deponent Company on payments made after the expiry of the due date of payment; and
c.The said transaction shall be subject to the jurisdiction of Delhi.
7.I further state that, in light of the mutually accepted terms and conditions between the parties, the Defendant placed numerous orders upon the Deponent at its office in Delhi, and against such orders the Deponent Company supplied the required goods to the Defendant as per its specifications and to its satisfaction.
8.I further state that in lieu of the goods supplied by the Deponent to the Defendant, the Deponent, over time, raised numerous invoices, including invoices bearing nos. Invoice numbers, 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 Deponent to supply various goods to itself as well as to its associate entities, and the bills were to be raised only upon the Defendant, with the payments also to be made only by and through the Defendant. That the Deponent has also filed the transport receipts reflecting the fact that the goods were delivered to the said entities. Copies of invoices bearing nos. Invoice numbers raised by the Deponent upon the Defendant, along with supporting transport receipts qua 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 with the Defendant's requirements and specifications. Accordingly, the Defendant made payments to the Deponent on a running account basis. 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. A copy of the cheque bearing no. Cheque number 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. A copy of cheque bearing no. Cheque number issued by the Defendant in favour of the Deponent is Ex.PW1/4.
10.I further state that against the goods supplied and the invoices raised, an amount of Rs. 1,45,620/- (Rupees 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., in lieu of payment towards invoice bearing no. GST-1052 dated 30.10.2018. Copies of the 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.). Copies of some of the emails exchanged between the parties are Ex.PW1/7 (colly.).
11.I further state that towards payment of the said due amount and in discharge of its complete liability towards the Deponent, the Defendant (after numerous requests from the Deponent) issued a cheque bearing no. Cheque number dated 25.08.2019, drawn on Drawee bank and branch, in favour of the Deponent, and assured the Deponent that the said cheque would be duly honoured as and when presented. However, to the utter shock of the Deponent, the said cheque, upon presentation, was dishonoured with the remarks "Exceeds Arrangement" on/around 27.08.2019. That after the dishonour of the said cheque, the Defendant assured the Deponent that it would make payment of the said amount shortly; however, till date the said payment has not been made. Bank statements reflecting the dishonour of cheque bearing no. Cheque number 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, these requests were to no avail, as the Defendant has failed to make 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 with the Defendant's requirements and specifications; however, despite the same, the Defendant chose to default in making payment of the said due amount.
13.I further state that as and when orders were placed by the Defendant, the Deponent company delivered the requisite goods from its registered office, being of topmost quality and conforming to the specifications ordered by the Defendant, to the transport carrier(s), and thereafter, through such transport carrier(s), the goods were supplied by the Deponent company to the Defendant within the time period and at the places requested by the Defendant. Accordingly, part payments were made at the Delhi office of the Deponent. The transport receipts towards the goods supplied by the Plaintiff, on the instructions of the Defendant, to Third-party entity's name, 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 issued by the Deponent company to the Defendant, including the fact that interest @ 18% p.a. was payable on payments made belatedly. Hence, the Defendant is under an obligation to pay interest on the said delayed payments as well.
15.I further state that the Deponent company contacted the Defendant on numerous occasions requesting payment of the due amount; however, the Defendant, on one pretext or the other, kept deferring the matter for the purpose of delaying payment of the due amount to the Deponent company.
16.I further state that, in lieu of the past business relationship with the Defendant, the Deponent company had chosen not to resort to any legal mechanism, trusting that the due amount, along with interest, would be paid shortly; however, such trust reposed by the Deponent company has been completely betrayed by the Defendant.
17.I further state that, till date, an amount of INR Due amount in INR/-, along with interest at 18 (eighteen) %, is due and payable by the Defendant to the Deponent (hereinafter referred to as the "Due Amount").
18.I further state that, despite numerous requests made by the Deponent company, the Defendant, acting with mala fide intent from the very outset, refused the request of the Deponent company for payment of the Due Amount; moreover, the Defendant began threatening the Deponent company with dire consequences by boasting of the Defendant's alleged high police and political connections.
19.I further state that the aforesaid act of the Defendant in reneging on their own express representation portrays the Defendant in an extremely unfavourable light and is detrimental to the Defendant's reputation in the entire business community.
20.I further state that, till date, the Deponent company has been made to suffer substantial financial losses, including consequential loss of opportunities, arising out of the non-payment of the Due Amount by the Defendant, and the same has caused severe hardship to the Deponent company, for which the Defendant is legally liable.
21.I further state that the axiomatic fact emerging 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 of paying the Deponent company. That, despite the best efforts made by the Deponent company, there has been a complete failure and negligence on the part of the Defendant in making the payment.
22.I further state that the captioned suit is based on a contract entered into and established between the parties pursuant to the invoices raised by the Deponent (against the goods supplied, for which payment is due and payable). That the liability for the said amount of Rs. Due amount in INR/- is an admitted liability of the Defendant, and towards discharge of this liability the Defendant had issued cheque bearing no. Cheque number. Further, the invoices raised by the Deponent categorically specify that interest @ 18% p.a. shall be applicable on payments made at a belated stage, and the same is also an admitted fact. Under the above-mentioned circumstances, and considering the documents filed in the captioned proceedings, the Deponent company has the 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 Place of verification on Date of verification, this Day of verification day of Month and year of verification, that the contents of paragraphs 1 to 23 of my above evidence affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT