This document is an affidavit from a plaintiff in a commercial court case. The plaintiff provided goods to the defendant on credit but the defendant has failed to pay the outstanding amount of Rs. 7,60,095. The plaintiff is now seeking to recover this amount plus interest from the defendant in court.
This document is an affidavit from a plaintiff in a commercial court case. The plaintiff provided goods to the defendant on credit but the defendant has failed to pay the outstanding amount of Rs. 7,60,095. The plaintiff is now seeking to recover this amount plus interest from the defendant in court.
This document is an affidavit from a plaintiff in a commercial court case. The plaintiff provided goods to the defendant on credit but the defendant has failed to pay the outstanding amount of Rs. 7,60,095. The plaintiff is now seeking to recover this amount plus interest from the defendant in court.
This document is an affidavit from a plaintiff in a commercial court case. The plaintiff provided goods to the defendant on credit but the defendant has failed to pay the outstanding amount of Rs. 7,60,095. The plaintiff is now seeking to recover this amount plus interest from the defendant in court.
PROP. OF PARIDHI TRADING CO. ...PLAINTIFF VERSUS SHRI. SHAITAN SINGH PROP. OF VINAYAK FASHION …DEFENDANT
EX-PARTE EVIDENCE OF PLAINTIFF BY WAY OF AFFIDAVIT.
I, PANKAJ JAIN (PROP) PARIDHI TRADING CO. AT IX/6696, JANTA GALINEAR TRANSFORMER, GANDHI NAGAR, DELHI-110031. I, the above-named deponent, do hereby solemnly affirm and declare as under. The affidavit of plaintiff is EX-PW1/A on which signature at point A and B.
1. That deponent is the plaintiff in the above noted case, and he is well conversant with the facts of the above noted case. Hence, He is competent to depose in the present case. 2. That the deponent is a proprietor of firm who manages and controls its affairs, whether directly or indirectly, is therefore acquainted with the facts and circumstances of the present case and is aware of all transactions pertaining to the present case, and thus is competent to sign, verify, and institute the present case. Copy of aadhar card of the Deponent is EX-PW-1/1 (OSR) 3. That the deponent firm is AT IX/6696, JANTA GALI NEAR TRANSFORMER, GANDHI NAGAR, DELHI-110031. And is engaged in the business of JEANS PANTS etc. the deponent earned an amenable reputation and goodwill in the market through his consistent hard work. 4. That the Defendant is a proprietor of his firm and deals in JEANS PANTS & GARMENTS business The Defendant is having its office at the address mentioned in memo of the parties. 5. That the defendant, approached the deponent and requested him to provide/supply goods and assured the deponent for timely payments of the goods provided and took their personal guarantee for the payment during the course of business transaction.
6. That upon the assurances mentioned above, deponent started
supplying goods/machines to the defendant. 7. That relying on the said assurance made by the defendant, the deponent provided the goods, time to time as per the demands made by the defendant and raised the invoices accordingly. Needless to say, that goods were duly supplied by deponent and Received by the defendant as follows-
SR NO. DATE BILL NO. AMOUNT EXHIBITED AS
01. 13.03.2020 2919 71636 EX-PW-1/2
02. 26.06.2020 2981 62265 EX-PW-1/3
03. 14.07.2020 3012 81585 EX-PW-1/4
04. 01.08.2020 3037 78960 EX-PW-1/5
05. 01.08.2020 3038 93991 EX-PW-1/6
06. 11.12.2020 3396 79343 EX-PW-1/7
07. 11.12.2020 3397 66087 EX-PW-1/8
08. 06.01.2021 3461 107982 EX-PW-1/9
09. 16.01.2021 3489 76918 EX-PW-1/10
10. 05.03.2021 3654 65793 EX-PW-1/11
11. 05.03.2021 3655 70796 EX-PW-1/12
12. 18.03.2021 3704 85853 EX-PW-1/13
13. 02.04.2021 3743 83181 EX-PW-1/14
14. 02.04.2021 3744 81743 EX-PW-1/15
15. 02.04.2021 3745 73521 EX-PW-1/16
16. 03.04.2021 3752 183627 EX-PW-1/17
17. 02.07.2021 3840 85260 EX-PW-1/18
18. 14.07.2021 3859 77086 EX-PW-1/19
19. 22.07.2021 3868 161128 EX-PW-1/20
20. 03.09.2021 4004 88115 EX-PW-1/21
21. 07.09.2021 4022 69494 EX-PW-1/22
22. 14.09.2021 4043 81869 EX-PW-1/23
23. 19.10.2021 4182 94891 EX-PW-1/24
24. 21.11.2021 4210 66092 EX-PW-1/25
25. 23.12.2021 4239 140763 EX-PW-1/26
26. 07.01.2022 4256 176358 EX-PW-1/27
27. 26.02.2022 4365 160598 EX-PW-1/28
28. 20.03.2022 4456 79034 EX-PW-1/29
29. 20.03.2022 4457 69804 EX-PW-1/30
30. 20.03.2022 4458 66948 EX-PW-1/31
31. 20.03.2022 4459 73553 EX-PW-1/32
32. 20.03.2022 4460 85502 EX-PW-1/33
33. 20.03.2022 4461 87418 EX-PW-1/34
34. 20.03.2022 4462 92006 EX-PW-1/35
35. 03.04.2022 PT/22-23/11 77196 EX-PW-1/36
36. 06.04.2022 PT/22-23/19 75768 EX-PW-1/37
37. 06.04.2022 PT/22-23/20 70954 EX-PW-1/38
38. 17.04.2022 PT/22-23/49 88804 EX-PW-1/39
39. 14.06.2022 PT/22-23/103 96658 EX-PW-1/40
40. 19.08.2022 PT/22-23/247 251559 EX-PW-1/41
41. 16.09.2022 PT/22-23/396 93749 EX-PW-1/42
42. 14.12.2022 PT/22-23/543 98947 EX-PW-1/43
8. That as per the ledger Account maintained at the office of deponent,
Defendant is liable to pay a Total Sum of RS. 7,60,095/- (RUPEES SEVEN LAKHS SIXTY THOUSAND AND NINTY FIVE ONLY) as on 14.12.2022. Ledger is EX-PW-1/43. 9. That it is worthwhile to mention, defendant acting contrary to the assurance made by him and had failed to make payment of aforesaid orders/mentioned in Ledger account. Despite of consistent reminders and persuasion from the deponent, defendant failed to make payment for any of the order. 10. That deponent is maintaining running statement of account in respect of the transaction entered between deponent and defendant in the regular course of its business and as per the said statement of account, the outstanding amount, and payable by the defendant to the deponent is RS. 7,60,095/- (RUPEES SEVEN LAKHS SIXTY THOUSAND AND NINTY FIVE ONLY) 11. That deponent has reminded the defendant severally through telephonic calls and various other modes but defendant paid no heed to the requests of the deponent. As such, deponent sent various reminders to the Defendant to pay the balance amount nonetheless, every time Defendant both made false promises and failed to pay his outstanding liability or failed to respond properly as well as positively. 12. That It is important to note that whenever deponent contacted Defendant for payment of outstanding balance, the defendant acknowledged its liability to pay, however they sought additional time to pay the debts.
13. That as agreed the full payment was to be made immediately after completion of the order and when invoices were raised by deponent. Hence, liability of defendants is overdue since about 08 month. 14. That defendant by retaining the sum of RS. 7,60,095/- (RUPEES SEVEN LAKHS SIXTY THOUSAND AND NINTY FIVE ONLY) of the deponent, having derived and enjoyed benefits thereof, have unjustly enriched himself and as such liable to pay interest on the aforesaid amount @ 18% p.a. 15. That the deponent has not filed any similar suit over the same subject matter.
DEPONENT
VERIFICATION: Verified at Delhi on this day November, 2023, that the contents of the affidavit and correct to my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
IN THE HON’BLE COURT OF MS. KIRAN BANSAL,
(COMMERCIALCOURT), SHAHDARA, DISTRICT, KARKARDOOMA COURTS, DELHI CS (Comm.) NO. ________/2023 IN THE MATTER OF:
SH. PANKAJ JAIN
PROP. OF PARIDHI TRADING CO. ...PLAINTIFF VERSUS SHRI. SHAITAN SINGH PROP. OF VINAYAK FASHION …DEFENDANT
KarHC-Dishonor Of Cheques Pursuant To Settlement Agreement Gives Rise To Fresh Cause Of Action Attracting Both Civil & Criminal Laws-Para 8-Mathikere Jayaram Shantharam Vs. Pramod C-21.06.2024
KarHC-Dishonor Of Cheques Pursuant To Settlement Agreement Gives Rise To Fresh Cause Of Action Attracting Both Civil & Criminal Laws-Para 8-Mathikere Jayaram Shantharam Vs. Pramod C-21.06.2024
