IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE, (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
D.O.H.: Date of hearing
INDEX
| 1. | WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS TO THE SUIT FOR RECOVERY OF RS. Suit amount in rupees/- WITH PENDENTE LITE AND FUTURE INTEREST, ALONG WITH SUPPORTING AFFIDAVITS. | |
| 2. | APPLICATION UNDER ORDER 8 RULE 1 OF CPC SEEKING CONDONATION OF DELAY IN FILING THE ACCOMPANYING WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS, ALONG WITH SUPPORTING AFFIDAVITS. | |
DELHIDEFENDANTS
THROUGH: Counsel's name
DATED:
Counsel's chamber address
Counsel's phone number
Counsel's address line
Counsel's email address
Email: Counsel's email address
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE, (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
D.O.H.: Date of hearing
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS TO THE SUIT FOR RECOVERY OF RS. Suit amount in rupees/- WITH PENDENTE LITE AND FUTURE INTEREST
At the outset, it is submitted that the Plaint deserves dismissal at the threshold, as the reliefs sought are not only legally untenable but the Plaint has also been instituted by concealment of material facts, information and crucial documents. Before adverting to the preliminary objections regarding the maintainability of the Suit and the para-wise reply to the averments made in the Plaint, a brief and true factual narrative is set out hereinbelow in order to place the correct position before this Hon'ble Court.
PRELIMINARY SUBMISSIONS/OBJECTIONS:-
1.That the present suit filed by the Plaintiff is not maintainable in the eyes of law, and the present claim is per se malicious and has been filed for oblique and ulterior motives. It is stated that, apart from instituting the present suit, the Plaintiff has made unfounded and disparaging allegations in its Plaint against the answering Defendants, and the Defendants reserve the right to initiate such legal action against the Plaintiff as is warranted under the law.
2.It is submitted that the present suit is a gross abuse of the process of law, and the Plaintiff has instituted the present proceedings knowing full well that the suit is without merit and without any basis. The Plaintiff has initiated the present proceedings solely to harass and intimidate the answering Defendants.
3.It is further submitted that the present suit is completely devoid of merit, and is therefore liable to be dismissed.
4.That, without prejudice to the rights and contentions of the Defendants and without admitting any of the allegations raised by the Plaintiff, it is most respectfully submitted that the documents filed by the Plaintiff along with the Plaint cannot be relied upon while deciding the present suit, for the reason that the Plaintiff has relied upon fabricated and false documents. Moreover, the terms and conditions of the documents relied upon by the Plaintiff were unilaterally and arbitrarily incorporated by the Plaintiff itself, in a manner designed to benefit only the Plaintiff.
5.It is further submitted that the Plaintiff's representatives, on a regular basis and through telephone calls, contacted and approached the Defendants offering lucrative schemes, including but not limited to schemes relating to business loans and credit facilities under the PMMY, but all such calls and attempts on the part of the Plaintiff's representatives were initially ignored by the Defendants. In the month of Month and year of loan offer by Plaintiff's representatives, the Plaintiff's representatives contacted and approached the Defendants on several occasions offering the credit facility under the PMMY, wherein the Plaintiff assured the Defendants that they would be bound to pay interest at only around Agreed rate of interest per annum per annum on the credit facility availed under the PMMY Scheme for a sum of Rs. PMMY loan amount/-.
6.It is further submitted that, subsequent to the request made by the Defendants for the credit facility, the Plaintiff sanctioned the loan, which was to be repaid by the Defendants along with interest at around Agreed rate of interest per annum, payable in equal instalments, from the account of Defendant No. 1.
7.It is further submitted that, at the time of the meeting between the Defendants and the representatives of the Plaintiff, the Defendants were requested to sign numerous agreements (including the loan agreement and other agreements, pronote, undertaking, etc.) and letters in respect of the loan availed by the Defendants. It is pertinent to note that, at the time of signing of the Loan Agreement, Pronote and Undertaking by the Defendants, the said agreements, pronote and undertaking were neither signed nor stamped by the representatives of the Plaintiff. Further, several clauses were left blank and were required to be filled in, including details of the financial values upon the basis of which the loan was availed by the Defendants, including the interest. Upon the Defendants enquiring of and requesting the representatives of the Plaintiff to fill in the said details, the Defendants were informed that these details would be filled in later by the concerned senior officials/representatives of the Plaintiff who were authorised to execute and stamp the said documents. The Defendants were assured that the terms and conditions of the agreements, pronote and undertaking etc. would be in accordance with the terms and conditions mutually and verbally agreed between the Defendants and the representatives of the Plaintiff.
8.It is further submitted that, subsequent to the Defendants signing the agreements, pronote and undertaking, the Defendants were requested to sign blank pages as well. Upon the Defendants enquiring as to why they were required to sign blank pages, the representatives of the Plaintiff informed them that this was a normal and regular practice, and assured the Defendants that this was the procedure followed by the Plaintiff and other banks, and was a completely standard procedure.
9.It is further submitted that, subsequent to the disbursement of the loan, the Defendants, in good faith and without any malicious intention, regularly paid the monthly instalments to the Plaintiff without any delay and/or raising any objection whatsoever. It is pertinent to note that the Defendants regularly paid all the due instalments to the Plaintiff; however, in March Year of Covid-19 lockdown affecting business, the business of the Defendants was ruined owing to the Covid-19 pandemic and the nationwide lockdown. The EMI in respect of the said loan facility was paid smoothly for Period for which EMIs were paid smoothly. Based upon the good repayment record of the Defendants, they were offered the Guaranteed Emergency Credit Line (GECL) scheme, and the Defendants availed the said credit facility, whereby a credit of Rs. GECL credit amount sanctioned/- was sanctioned vide Sanction Memorandum dated Date of GECL Sanction Memorandum. A series of lockdowns during the pandemic had a serious and debilitating adverse effect on the business of the Defendants, which suffered huge losses till date owing to loss of contact/communication with clients and lack of demand in the market due to Covid-19. Hence, losses began accumulating from Year of Covid-19 lockdown affecting business onwards, but the Defendants nonetheless continued to ensure that the EMI payments to the bank were not affected, until the Plaintiff itself suddenly stopped debiting the EMIs from the account of the Defendants. The Defendants thereupon contacted the officials/representatives of the Plaintiff for the purpose of making payment of the amount remaining due to the Plaintiff. However, to the utter shock of the Defendants, the total amount due/claimed by the Plaintiff was far more than what the Defendants were required to pay, and upon making numerous inquiries with the representatives of the Plaintiff, it was discovered by the Defendants that the Plaintiff had been charging interest at a rate higher than the rate of interest agreed with the Plaintiff.
10.It is further submitted that the account of the Defendants has been illegally and wrongly declared / classified as an NPA (Non-Performing Asset) without complying with the guidelines issued by the RBI from time to time. It is mandatory that a creditor must inform the borrower of the circumstances and the manner in which the account has been classified as an NPA, as well as the date on which the account was declared as an NPA. Admittedly, this has not been done in the present case. In this regard, it is submitted that the RBI has issued guidelines with respect to the classification of accounts as NPA, and such classification has to be in strict compliance with the said guidelines. It is further submitted that no rationale or basis for the classification has been provided or mentioned in the plaint. Therefore, the classification of the account as NPA is bad in law and untenable under the clear guidelines laid down by the RBI.
11.In this regard, it is relevant to state that in the matter of Stan Commodities Vs PNB through its Chairman and Ors. (Manu/JH0602/2008), it has been held that it is a basic principle of natural justice that an affected party has a right to be heard before any action is taken against it. In the present case, admittedly, the said procedure has not been followed, which clearly establishes that the approach of the Bank is arbitrary and unfair, constitutes a complete denial of the principles of natural justice, and is in violation of Articles 11 and 19 of the Constitution of India.
12.It is submitted that the Plaintiff is illegally claiming an amount of Suit claim amount in rupees with further interest at the contractual rate, thereby unreasonably inflating the amount. It is submitted that no action can be taken under the provisions of the CPC on the basis of an inflated and exaggerated claim. It appears that, in view of the inflated and exaggerated claim, the Plaintiff has intentionally not supplied the statement of account along with the suit, which further establishes malafide beyond doubt. In view thereof, it is stated that the present suit deserves to be dismissed.
13.That the alleged recovery amount as mentioned in the plaint is exorbitant and is not the actual amount due and payable. The Plaintiff is charging an inflated rate of interest and is also compounding the same. The alleged recovery further establishes that even penal interest is being charged, and the same is also being compounded. In fact, the charging of penal interest stands admitted in the plaint itself, and the alleged quantification of the claim also establishes that the same is being compounded.
14.It is further submitted that, throughout the course of the transactions that took place between the Defendants and the Plaintiff, the Defendants completely trusted the Plaintiff and never imagined that the Plaintiff would cheat the Defendants and raise false and frivolous allegations against them; the last thing the Defendants ever expected was to be cheated or misled by a nationalised bank. Subsequently, the Defendants made several inquiries with the officials of the Plaintiff, meeting them on a regular basis and seeking clarifications regarding the rate of interest charged and the total amount payable. The representatives / officials of the Plaintiff were initially reluctant to help or assist the Defendants in regard to the issue of the high rate of interest being charged, leading the Defendants to pressurise the representatives of the Plaintiff by threatening to approach the consumer court(s) and file a written complaint against the Plaintiff, whereupon the representatives of the Plaintiff began looking into the inquiries raised by the Defendants. Further, the Defendants requested the Plaintiff to provide a revised statement showing in detail the total amount due by the Defendants to the Plaintiff, and the Defendants were also requested not to make further payments till then. However, till date, the Defendants have not received any such revised statement(s), but, to their utter shock, the captioned proceedings have been filed.
15.It is respectfully submitted that the present suit is not maintainable, as the Plaintiff has concealed material facts from this Hon'ble Court and made false and frivolous averments, knowing the same to be false, with the malicious intention of defrauding this Hon'ble Court; hence, the claim is liable to be dismissed.
16.It is most respectfully submitted that a Plaintiff / litigant should approach the court with all material facts, without concealing anything relevant, and should come with "clean hands". The expression "material facts" has been explained in several decisions. Further, in a somewhat similar vein, the Supreme Court, in its earlier decisions, has held that suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. The rule has been evolved out of the need for the courts to deter a litigant from abusing the process of the court by deceiving it. The suppressed fact must be a material one in the sense that, had it not been suppressed, it would have had an effect on the merits of the case; and the present suit is liable to be dismissed on this ground alone.
PARAWISE REPLY ON MERITS
The Defendants crave leave of this Hon'ble Court to refer to the contents of the Preliminary Objections and Submissions mentioned above, which may be read as part and parcel of the present reply on merits.
1.That the contents of paragraph No. 1 of the plaint are wrong and denied. It is denied that a recovery of debt for a sum of Suit claim amount in rupees is due and payable by the Defendants, either jointly or severally, to the Plaintiff against the various documents and agreements relied upon by the Plaintiff against the Defendant at the time of the sanction of the loan facility.
2.That the contents of paragraph No. 2 of the plaint need no reply, and the Defendants have no knowledge of the same.
3.That the contents of paragraph No. 3 of the plaint are a matter of record, hence they need no reply.
4.That the contents of paragraph No. 4 of the plaint are a matter of record, hence they need no reply.
5.That the contents of paragraph No. 5 of the plaint are a matter of record, hence they need no reply. It is the Plaintiff who approached the Defendants for availing of a credit facility under the PMMY Scheme. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
6.That the contents of paragraph No. 6 of the plaint are admitted to the extent of the credit facility availed by the Defendants. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
7.That the contents of paragraph No. 7 of the plaint are wrong and denied. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
8.That the contents of paragraph No. 8 of the plaint are a matter of record. It is the Plaintiff who again approached the Defendants for renewal of the credit facility. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
9.That the contents of paragraph No. 9 of the plaint are wrong and denied. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
10.That the contents of paragraph No. 10 of the plaint are wrong and denied. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
11.That the contents of paragraph No. 11 of the plaint need no reply. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
12.That the contents of paragraph No. 12 of the plaint need no reply. The contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
13.That the contents of paragraph No. 13 of the plaint are wrong and denied. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
14.That the contents of paragraph No. 14 of the plaint are wrong and denied. It is denied that, in the initial transactions, the Defendant made some timely payments to the Plaintiff, but thereafter the Defendant availed irregular credit and did not clear the dues as stipulated in the agreements. It is further denied that, due to financial indiscipline, the account of the Defendant slipped to NPA on Date account slipped to NPA, and that, despite vigorous follow-up and persuasion, no regularisation of the account could be effected on the part of the Defendant. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
15.That the contents of paragraph No. 15 of the plaint are wrong and denied. It is denied that, in view of the various defaults committed by the Defendants in payment of principal, interest and other monies due under the said Loan Agreements, and also in performance of the terms and conditions of the aforesaid Loan Agreements, including the creation of the Cash Credit Agreement in question, the Plaintiff became entitled to recall the entire amounts of its said Loans, together with all interest and other monies thereon, under the said Loan Agreements as due and payable forthwith. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
16.That the contents of paragraph No. 16 of the plaint are wrong and denied. It is denied that the Defendants did not appear before the SDLSA despite notice being sent to the Defendants. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
17.That the contents of paragraph No. Paragraph number of plaint of the plaint are wrong and denied. It is denied that the Plaintiff is filing the true and certified extracts of the loan account of Defendant No. 1. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
18.That the contents of paragraph No. 18 of the plaint are wrong and denied. It is denied that the cause of action for filing the present suit first arose when the Defendants approached for availing of the credit facility and the same was sanctioned on Date of sanction of credit facility. It is further denied that the cause of action again arose on Date of renewal of credit facility, when the Defendants approached the Plaintiff Bank for renewal of the credit facilities and the same was sanctioned. It is further denied that the cause of action again arose when the Defendants approached for the GECL on Date of GECL application, which was duly sanctioned. It is further denied that the cause of action further arose when the loan account slipped to NPA on Date loan account slipped to NPA. It is further denied that the cause of action subsequently arose again on Date of last payment in loan account, when the Defendant made his last payment in his loan account. It is further denied that the cause of action arose on Date cause of action arose under Commercial Courts Act, when the Plaintiff, under Section 2(c)(vi) of the Commercial Courts Act, 2015, filed an application under Section 12A of the said Act before the South District Legal Services Authority; and that it again arose when notice was issued by the SDLSA to the Defendant to appear for notification regarding the said application; and that, finally, it arose on Date of SDLSA non-starter mediation certificate, when the SDLSA issued a certificate for non-starter mediation. It is further denied that the cause of action is still subsisting, as the Defendant has not regularised its NPA account as yet. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
19.That the contents of paragraph No. 19 of the plaint need no reply. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
20.That the contents of paragraph No. 20 of the plaint are wrong and denied. It is denied that the present suit is maintainable under the Code of Civil Procedure. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
21.That the contents of paragraph No. 21 of the plaint are wrong and denied. It is denied that the Plaintiff Bank is entitled to pendente lite and future interest, inclusive of interest debited up to Date up to which interest debited, along with interest at the rate of 8.90% per annum compounded monthly, with 2% penal interest, which includes the pre-litigation mediation period, on the sum of Rs. 12,44,383/-. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
22.That the contents of paragraph No. 22 of the plaint are wrong and denied. That the contents of the preliminary submissions and objections may be treated as part and parcel of the present paragraph, and the same are not repeated herein for the sake of brevity.
23.That the contents of paragraph No. 23 of the plaint are wrong and denied.
That the prayer clause, along with its sub-paragraphs, is liable to be rejected in light of the preliminary submissions, preliminary objections and responses hereinabove. Hence, the present suit of the Plaintiff is liable to be dismissed with heavy costs.
PRAYER
In view of the above facts and circumstances, it is most respectfully submitted by the Defendants that the Plaintiff is not entitled to any of the reliefs as claimed in the prayer of the suit, since the suit of the Plaintiff is false and based on manipulated, imaginary and baseless facts, and the same is devoid of any merits.
It is, therefore, most respectfully prayed that the suit of the Plaintiff be dismissed with exemplary costs. Any other order or orders may also be passed as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case, in the light of justice, equity and good conscience.
DELHIDEFENDANTS
THROUGH
DATED: Date of signing written statement
Defendant's name
Defendant's partner name
Defendant firm's address line
Defendant firm's address line
Email: Defendants' email address
VERIFICATION
Verified at New Delhi on this Date of verification of written statement day of March, 2024, that the contents of paragraphs Nos. 1 to 23 of the written statement are true and correct to the Defendants' knowledge and as per legal information received and believed to be true; and, further, that the contents of paragraphs 1 to Last paragraph number of preliminary submissions of the preliminary submissions and objections are true and correct to the answering Defendants' knowledge and as per legal information received and believed to be true.
The last paragraph is the prayer to this Hon'ble Court.
DEFENDANTS
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE (COMMERCIAL COURT-01),
DIST. SOUTH, SAKET COURTS, NEW DELHI.
CS (COMM) NO. Commercial suit number OF 2023.
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Deponent's name, Partner of Defendant firm's name, having its office at Defendant firm's office address, who do hereby solemnly affirm and declare as under:
1.That I am Defendant No. 2 and Partner of Defendant No. 1 in the above case, and I am thoroughly conversant with the facts and circumstances of the case pursuant to the information provided to me, and I am competent to swear this affidavit.
2.That the accompanying written statement has been drafted by my counsel on my instructions, and the contents thereof have been duly read over and explained to me, which I have fully understood.
DEPONENT
VERIFICATION :-
Verified at New Delhi on this Date of verification of affidavit day of March, 2024, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Defendant's name, Partner of Defendant firm's name, having its office at Defendant firm's office address, who does hereby solemnly affirm and declare as under:
1.That I am Defendant No. 3 and a partner of Defendant No. 1 in the above-mentioned suit, and I am thoroughly conversant with the facts and circumstances of the case on the basis of the information available to me, and I am competent to swear this affidavit.
2.That the accompanying written statement has been drafted by my counsel on my instructions, and the contents thereof have been duly read over and explained to me, which I have fully understood.
DEPONENT
VERIFICATION :-
Verified at New Delhi on this Date of verification of affidavit day of March, 2024, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Defendant's name, Partner of Defendant firm's name, having its office at Defendant firm's office address, who does hereby solemnly affirm and declare as under:
1.That I am Defendant No. 4 and a partner of Defendant No. 1 in the above-mentioned suit, and I am thoroughly conversant with the facts and circumstances of the case on the basis of the information available to me, and I am competent to swear this affidavit.
2.That the accompanying written statement has been drafted by my counsel on my instructions, and the contents thereof have been duly read over and explained to me, which I have fully understood.
DEPONENT
VERIFICATION :-
Verified at New Delhi on this Date of verification of affidavit day of March, 2024, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
APPLICATION ON BEHALF OF THE APPLICANTS / DEFENDANTS UNDER ORDER VIII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH SECTION 151 THEREOF AND SECTION 5 OF THE LIMITATION ACT, 1963, FOR CONDONATION OF DELAY IN FILING THE WRITTEN STATEMENT.
MOST RESPECTFULLY SHOWETH :-
1.That the captioned plaint has been filed by the plaintiff against the defendants before this Hon'ble Court, and the same is pending adjudication before this Hon'ble Court.
2.That upon the filing of the present suit, the applicants / answering defendants were taken aback by the untenable claims of the plaintiff regarding the title to the suit property. It is further submitted that a complete set of the paper book of the plaint was not supplied to the applicants, and this fact was duly brought to the notice of this Hon'ble Court on the last date of hearing, whereupon this Hon'ble Court itself supplied the complete paper book of the plaint to the applicants from the court record. During this period, the office of the counsel for the defendants was under construction, and the files and records were misplaced in the course of shifting, owing to which the counsel for the defendants was unable to prepare the written statement within the period of limitation. In the absence of the said files and documents, it was not possible to prepare the written statement, and the same could not be filed as directed by this Hon'ble Court, which was neither intentional nor deliberate. The written statement is, therefore, within limitation from the date of receipt of the complete copy of the plaint, and the same is now being filed before this Hon'ble Court.
3.That for the reasons aforesaid, the written statement could not be filed by the defendants, resulting in the said delay. The applicants / defendants are accordingly filing the present application seeking condonation of delay in filing the written statement, and it is prayed that the present application may be allowed and the written statement of the defendants may be taken on record.
PRAYER :-
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and condone the delay in filing the written statement, in the interest of justice.
Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the answering defendants, in the interest of justice.
It is prayed accordingly,
DELHIDEFENDANTS
THROUGH
DATED : Date of signing application
Defendant's name
Defendant's partner name
Defendant firm's address line
Defendant firm's address line
Email : Defendants' email address
IN THE COURT OF Presiding judge's name, LD. DISTRICT JUDGE (COMMERCIAL COURT-01)
DISTRICT SOUTH, SAKET COURTS, NEW DELHI
CS (COMM) NO. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Deponent's name, Partner of Defendant firm's name, having its office at Defendant firm's office address, who does hereby solemnly affirm and declare as under:
1.That I am Defendant No. 2 and a partner of Defendant No. 1 in the above-mentioned suit, and I am thoroughly conversant with the facts and circumstances of the case on the basis of the information available to me, and I am competent to swear this affidavit.
2.That I have gone through the contents of the accompanying application under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, which has been drafted by my counsel at my instructions, and the contents thereof are correct. The said contents may be read as part of this affidavit, as they are not being repeated herein for the sake of brevity and to avoid repetition.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification of affidavit day of March, 2023, that the contents of the aforesaid affidavit are true and correct to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT