Evidence affidavits of defendants 1 and 2 in a commercial money recovery suit
0 of 19 blanks filled
IN THE COURT OF Judge's name, LD. DISTRICT JUDGE (COMMERCIAL), CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
Commercial suit number
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
MS. Defendants' name: DEFENDANTS
AFFIDAVIT OF EVIDENCE ON BEHALF OF DEFENDANT NO. 1 (DW-1)
Affidavit of Ms. Deponent 1's name, aged about Deponent 1's age years, W/o Late Sh. Deponent 1's late husband's name, who hereby solemnly affirms and declares as under:-
1.That I am Defendant No. 1 in the present case and am competent to swear this statement of truth. That I, the Deponent, am fully conversant with the facts and circumstances of the case and am therefore competent to swear this Affidavit.
2.It is stated that the Deponent and Defendant No. 2 have a strong case in their favour, and the suit of the Plaintiff is liable to be dismissed on the ground that it is founded on false and frivolous facts and documents. The Deponent and Defendant No. 2 are neither the borrower nor the guarantors in respect of the present unsecured car loan, and the officials of the bank have, till date, made no effort to take possession of the car bearing No. Car registration number, which is registered with the Transport Department, Delhi, at Vehicle registration office address, in terms of the composite hypothecation agreement dated 07.11.2016. This clearly demonstrates the illegal conduct of the Plaintiff bank, which seeks only to harass the Deponent and Defendant No. 2, who are struggling to earn their livelihood by means of menial employment.
3.It is further stated that the Deponent and Defendant No. 2 were never in possession of the said car, as Late Deceased car owner's name was the driver/owner of the said car. The Deponent and Defendant No. 2 were not aware of any loan availed by Late Deceased car owner's name, nor have they 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. It is further stated that, as per the averments of the plaint itself, the claim of the Plaintiff bank is barred by limitation.
4.It is further stated that the Plaintiff has not annexed any certificate or bank stamp to the statements of account maintained by the Plaintiff, and as such the same are forged and fabricated documents, inasmuch as no document has been placed on record to prove the authenticity of the documents filed by the Plaintiff.
5.It is further stated that the documents filed by the Plaintiff along with the suit cannot be taken on record, as the Plaintiff has relied upon fabricated and false documents by interpolating the signatures of the Deponent and Defendant No. 2 in order to lay a false claim upon them. In its desperate attempt to recover the loan, the Plaintiff bank has forged the signatures of Defendant No. 2, and as per the date of the forged document, Defendant No. 2 was a minor at the time his signatures were forged, which clearly demonstrates the extent of the illegality committed by the Plaintiff bank and its officials.
6.It is further stated that the Plaintiff bank and its recovery agents have forged the signatures of the Deponent and Defendant No. 2, and by creating the said forged documents they are attempting to fasten an illegal liability upon the Deponent and Defendant No. 2. The contents of the two annexed pages further make it clear that the Deponent and Defendant No. 2 were neither sureties nor guarantors for the alleged term loan, and hence no liability can be fastened upon them.
7.It is further stated that the said car loan was never within the knowledge of the Deponent and Defendant No. 2. It is further stated that the Deponent and Defendant No. 2 have never received any legal notice demanding the 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 this Date of verification (deponent 1) that the contents of paragraphs 1 to 8 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
IN THE COURT OF Judge's name, LD. DISTRICT JUDGE (COMMERCIAL), CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
Commercial suit number
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
MS. Defendants' name: DEFENDANTS
AFFIDAVIT OF EVIDENCE ON BEHALF OF DEFENDANT NO. 2 (DW-2)
Affidavit of Mr. Deponent 2's name, aged about Deponent 2's age years, S/o Late Sh. Deponent 2's late father's name, R/o Deponent 2's address, who hereby solemnly affirms and declares as under:-
1.That I am Defendant No. 2 in the present case and am competent to swear this statement of truth. That I, the Deponent, am fully conversant with the facts and circumstances of the case and am therefore competent to swear this Affidavit.
2.It is stated that the Deponent and Defendant No. 1 have a strong case in their favour, and the suit of the Plaintiff is liable to be dismissed on the ground that it is founded on false and frivolous facts and documents. The Deponent and Defendant No. 1 are neither the borrower nor the guarantors in respect of the present unsecured car loan, and the officials of the bank have, till date, made no effort to take possession of the car bearing No. Car registration number, which is registered with the Transport Department, Delhi, at Vehicle registration office address, in terms of the composite hypothecation agreement dated Date of hypothecation agreement. This clearly demonstrates the illegal conduct of the Plaintiff bank, which seeks only to harass the Deponent and Defendant No. 1, who are struggling to earn their livelihood by means of menial employment.
3.It is further stated that the Deponent and Defendant No. 1 were never in possession of the said car, as Late Deceased car owner's name was the driver/owner of the said car. The Deponent and Defendant No. 1 were not aware of any loan availed by Late Deceased car owner's name, nor have they 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. It is further stated that, as per the averments of the plaint itself, the claim of the Plaintiff bank is barred by limitation.
4.It is further stated that the Plaintiff has not annexed any certificate or bank stamp to the statements of account maintained by the Plaintiff, and as such the same are forged and fabricated documents, inasmuch as no document has been placed on record to prove the authenticity of the documents filed by the Plaintiff.
5.It is further stated that the documents filed by the Plaintiff along with the suit cannot be taken on record, as the Plaintiff has relied upon fabricated and false documents by interpolating the signatures of the Deponent and Defendant No. 1 in order to lay a false claim upon them. In its desperate attempt to recover the loan, the Plaintiff bank has forged the signatures of the Deponent, and as per the date of the forged document, the Deponent was a minor at the time his signatures were forged, which clearly demonstrates the extent of the illegality committed by the Plaintiff bank and its officials.
6.It is further stated that the Plaintiff bank and its recovery agents have forged the signatures of the Deponent and Defendant No. 1, and by creating the said forged documents they are attempting to fasten an illegal liability upon the Deponent and Defendant No. 1. The contents of the two annexed pages further make it clear that the Deponent and Defendant No. 1 were neither sureties nor guarantors for the alleged term loan, and hence no liability can be fastened upon them.
7.It is further stated that the said car loan was never within the knowledge of the Deponent and Defendant No. 1. It is further stated that the Deponent and Defendant No. 1 have never received any legal notice demanding the present recovery till date.
8.I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:
Verified at Place of verification (deponent 2) on this Date of verification (deponent 2) day of Month and year of verification (deponent 2) that the contents of paragraphs 1 to 8 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