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Evidence Affidavit

Satish Bansal, the plaintiff, is seeking recovery of Rs. 71,01,472 from Technomac Power Project Pvt. Ltd due to unpaid debts for electrical goods sold. He claims the defendant has acknowledged the debt and assured timely payments, but has failed to do so, leading to additional interest charges. Bansal asserts that the defendant's actions are unjust and has approached the court for resolution.
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0% found this document useful (0 votes)
36 views4 pages

Evidence Affidavit

Satish Bansal, the plaintiff, is seeking recovery of Rs. 71,01,472 from Technomac Power Project Pvt. Ltd due to unpaid debts for electrical goods sold. He claims the defendant has acknowledged the debt and assured timely payments, but has failed to do so, leading to additional interest charges. Bansal asserts that the defendant's actions are unjust and has approached the court for resolution.
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BEFORE HON’BLE JUDGE SH.

RAJESH KUMAR GOEL,


DISTRICT JUDGE (COMMERCIAL COURT- 02),
CENTRAL- DISTRICT, TIS HAZARI COURT, NEW DELHI
C S (COMM) NO. 2928/2021
IN THE MATTER OF:

SATISH BANSAL …PLAINTIFF

VERSUS

TECHNOMAC POWER PROJECT PVT. LTD


…RESPONDENTS

NDOH:

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PW-1


(Satish Bansal).

I, Satish Bansal S/o Lt. Sh. O. P. Bansal, aged 59 years, Proprietor


of M/s M.S. Electricals, having its Office at Premises Bearing No.
1811, Situated at 1st floor, Bhagirath Palace, Chandni Chowk, Delhi-
110006, do hereby solemnly affirm as the deponent and declare as
under:-

1. I say that I’m the deponent in the present suit for


Recovery of Rs. 71,01,472/- ( Rupees Seventy-One Lakh
One Thousand Four Hundred Seventy-Two Only) raised
by me and I’m fully conversant with the facts and
circumstances of the case and therefore, competent to
swear on this affidavit.
2. I say that I’m the Proprietor of M/s M.S. Electricals
which is a reputed firm with high respect in the electrical
market and selling high-quality electrical goods to its
buyers to their utmost satisfaction.
3. I say that Defendant has been purchasing electrical goods
from me time to time, and I have been Keeping the
Records of day-to-day transactions held between
Defendant and myself.
4. I say that after every purchase, Defendant has assured me
that there will not be any delay in payments at any stage
of time and also agreed that in case there is any delay of
payment at any stage of time, for any reason whatsoever,
the defendant shall be liable to pay the interest @24% pa
on delayed payment.
5. I say that keeping in view of the assurance given to me by
the Defendant, I sold the goods to Defendant as per
Defendant’s Demand.
6. I say that as per books of account duly maintained by me,
it has transpired that the defendant is in debt of the
amount to the tune of Rs. 52,21,672/- (Rounded-Off)
(Rupees Fifty-Two Lakh Twenty-one Thousand Six
Hundred Seventy-Two Only) as on date (Along with
Interest).
7. I say that demand has been raised upon the defendant for
aforesaid payment by me several times, but every time
defendant put off the matter on one pretext or another.
8. I say that needless to say the amount due upon defendant
has also been acknowledged by the defendant through
various documents.
9. I say that it is worthwhile to mention that since the
defendant has failed to make the payments of the
aforesaid amount, the defendant is also liable to pay the
interest on the due amount @24% p.a. as per terms and
conditions of the bills raised by me time to time.
10.I say that however keeping in view of the past terms of
business transactions with the defendant I am claiming
the interest on the due amount @12% P.A. which comes
to Rs. 18,79,800/- (Rupees Eight Lakh Seventy Nine
Thousand Eight Hundred Only) app. Round Off.
11.I say that now the defendant is liable to pay the following
amount to me:-

a) Principal Amount: Rs. 52,21,672/-


b) Interest on the Unpaid Amount
@12% p.a. Till the filing of the
Suit. Rs. 19,79,800/-

______________
Rs. 71,01,472/-
______________
12. I say that the aforesaid acts and actions on the part of the
defendant in withholding my legitimate and legal dues
without any reason and jurisdiction are absolutely wrong,
illegal, unlawful, unjust improper, arbitrary and against
the principle of natural justice and being aggrieved by the
said acts and actions the plaintiff is left with no other
alternate and efficacious except to approach this Hon’ble
Court by Virtue of the Present Suit.
13.That I have carefully read and understood the contents of
the accompanying Evidence By Way Of Affidavit which
has been drafted by my council on my instructions and
contents of the same are not reproduced herein to avoid
repetition and be read as part and parcel of this affidavit.

14. That this is my true and correct statement.

DEPONENT

VERIFICATION:

Verified at Delhi on this ____ Day March of 2025, that the


contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed
therefrom.

DEPONENT

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