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Cheque Bounce & NI Act

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Download EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1) format in India. Ready-to-use legal draft for Cheque Bounce & NI Act.

IN THE MATTER OF: -**

________________________________ : PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

_______________________________ : PROPOSED

RESPONDENTS / CAVEATORS

I N D E X

S.NO.PARTICULARSPAGES
1.MEMO OF PARTIES
2.CAVEAT PETITION ON BEHALF OF PROPOSED RESPONDENTS / CAVEATORS ALONG WITH AFFIDAVITS.
3.COPY OF FINAL ORDER DATED 22.05.2024 PASSED BY THE LD. ADJUDICATING AUTHORITY, NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH-1 IN T.C.P. ___ OF ___.
4.VAKALATNAMA.
5.PROOF OF SERVICE.

FILED BY

DATED

DATED

____________________________________---------------------------

ADVOCATE

Ch. ____________________.

Email: _-----------------------

Mob. ------------------------

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; PRINCIPAL BENCH; NEW DELHI.

CAVEAT NO. _______ OF 2024.

IN

COMPANY APPEAL NO. ______ OF 2024.

[Arising from the Final Order dated ___________ passed by the Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. ___ OF ____]

IN THE MATTER OF: -

--------------------------------- : PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

------------------------------- : PROPOSED

RESPONDENTS / CAVEATORS

MEMO OF PARTIES

1. --------------------

2. --------------------

3. -------------------

4. -------------------. : PROPOSED APPELLANTS /

NON-CAVEATORS

VERSUS

  1.   \-----------------------.                             : PROPOSED
    

RESPONDENTS / CAVEATORS

-------------------------------------------------------------------------------------------

DELHI FILED BY

DATED:

----------------------------

ADVOCATE

Ch. --------------------------

Email: ---------------------------

Mob. ------------------------

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; PRINCIPAL BENCH; NEW DELHI.

CAVEAT NO. _______ OF 2024.

IN

COMPANY APPEAL NO. ______ OF 2024.

[Arising from the Final Order dated --------------- passed by the Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. --- OF ----]

IN THE MATTER OF: -

----------------------------------------------- : PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

----------------------------------- : PROPOSED

RESPONDENTS / CAVEATORS

To,

The Registrar,

National Company Law Appellate Tribunal

2nd & 3rd Floor, Mahanagar Doorsanchar Sadan

(M.T.N.L Building), 9, GGO Complex, Lodhi Road,

(Near Scope Complex) New Delhi 110 003.

Let no substantive order be passed against the Proposed Respondents / Caveators, seeking any relief against the Order dated ----------- passed by the Ld. Adjudicating Authority. National Company Law Tribunal, Mumbai Bench-1 in T.C.P. -- of ----, without notice to the undersigned:

DELHI PROPOSED RESPONDENTS /

      CAVEATORS

THROUGH

DATED:

-----------------

ADVOCATE

Ch. -------------------------------.

Email: ------------------------------

Mob. -----------------------

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; PRINCIPAL BENCH; NEW DELHI.

CAVEAT NO. _______ OF 2024.

IN

COMPANY APPEAL NO. ______ OF 2024.

[Arising from the Final Order dated ___________ passed by the Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. --- OF ----]

IN THE MATTER OF: -

--------------------------------------------- : PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

------------------------------------ : PROPOSED

RESPONDENTS / CAVEATORS

AFFIDAVIT

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

  1.   That I am the proposed respondent / Caveator no.1 in the aforesaid matter. I am aware of the facts and circumstances as stated in the contents of the accompanying Caveat based on records of the Proposed Respondent no.1, and as such am competent to swear and affirm the present Affidavit.
    
  2.   That the accompanying Caveat has been drafted under my instructions, the contents thereof are true and correct to the best of my knowledge and derived from the records made available to me and may kindly be read as part and parcel of the present affidavit and is not being repeated for the sake of brevity.
    

DEPONENT

VERIFICATION :-

Verified at Pune on this ___, day of June, 2024. That the contents of paragraphs of my above affidavit are true and correct. No part of its false and nothing material has been kept concealed therefrom.

DEPONENT

  

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; PRINCIPAL BENCH; NEW DELHI.

CAVEAT NO. _______ OF 2024.

IN

COMPANY APPEAL NO. ______ OF 2024.

[Arising from the Final Order dated ------------ passed by the Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. ---- OF -----]

IN THE MATTER OF: -

---------------------------------------- : PROPOSED

APPELLANTS / NON-CAVEATORS

VERSUS

------------------------------------------ : PROPOSED

RESPONDENTS / CAVEATORS

AFFIDAVIT

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

  1.   That I am the proposed respondent / Caveator no.2 in the aforesaid matter. I am aware of the facts and circumstances as stated in the contents of the accompanying Caveat based on records of the Proposed Respondent no.1, and as such am competent to swear and affirm the present Affidavit.
    
  2.   That the accompanying Caveat has been drafted under my instructions, the contents thereof are true and correct to the best of my knowledge and derived from the records made available to me and may kindly be read as part and parcel of the present affidavit and is not being repeated for the sake of brevity.
    

DEPONENT

VERIFICATION :-

Verified at Pune on this ___, day of June, 2024. That the contents of paragraphs of my above affidavit are true and correct. No part of its false and nothing material has been kept concealed therefrom.

DEPONENT

  

BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; PRINCIPAL BENCH; NEW DELHI.

CAVEAT NO. _______ OF 2024.

IN

COMPANY APPEAL NO. ______ OF 2024.

[Arising from the Final Order dated ---------- passed by the Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench-1 in T.C.P. - OF 2----]

IN THE MATTER OF: -

-------------------- : PROPOSED APPELLANTS/NON-CAVEATORS

VERSUS

SH---------------. : PROPOSED RESPONDENTS / CAVEATORS

KNOW ALL to whom these present shall come that I/We SH. ---------------- AND SH.--------------- the above named CAVEATORS / PROPOSED RESPONDENTS do hereby appoint ; -

-----------------------------

ADVOCATE (Enrl. No.------------)

Ch. No.------------------------------.

Email: ----------------------  Mob. ----------------

(hereinafter called the advocate/s) to be my/our Advocate in the above noted case authorize him

      To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or heard and also in the appellate Court including High Court subject to payment of fees separately for each court by me/us.

      To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions review revision, withdrawal, compromise or other petitions or affidavits or other documents as may-be deemed necessary of proper for the prosecution of the said case in all its stages subjects to payment of fees for each stage.

      To file and take back documents, to admit and/or deny the documents of opposite party

      To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case.

      To take execution proceedings.

      To deposit, draw and receive monthly cheques, cash and grant receipt thereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution of the said case.

      To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sing the power of attorney on our behalf.

      And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his substitute in the matter as me/our own acts, as if done by me/us to all intents and proposes.

      And I/We undertake that I/We or my/our duly authorized agent would appear in Court on all hearings and will inform the Advocate for appearance when the case is called.

      And I/We the undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. The adjournments costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain for himself.

      And I/We the undersigned do hereby agree that in the event of the whole or part of the fee the prosecution he said case untiol the same is paid up. The fee settled is only for the above case and above Court. I/We hereby agree that once fee is paid, I/We will not entitled for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid again by me/us.

      IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of which have been understood by me/us on this ____ day of June, 2024.

      Accepted subject to the terms of the fees.

Advocate Client Client

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