Draft Affidavit

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DRAFT AFFIDAVIT

IN THE COURT OF DISTRICT JUDGE


District….., Name of State……… (Delhi)
SUIT NO ……………. Year …… 20….

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL


PROCEDURE, 1908)
IN THE MATTER OF:

M/s ABC Pvt. Ltd.


A Company Incorporated Under The Companies Act,
Having Its Registered Office At New Delhi.
Through its Director
Shri………A*……………
……….. (Plaintiff)
VERSUS
M/s XYZ Ltd.,
A Company Incorporated Under The Companies Act,
Having Its Registered Office At Delhi.
Through its Director,
Shri………B*……………
…….. (Defendant)
Affidavit of Shri…(…A*…), S/O.…(…DC*…),
Aged About ….. (…..Years), Occupation….(…….),
R/O……(with Police Station/Tehsil/Sub-
division ) in the capacity of the Director of M/S
ABC Pvt. Ltd., A Company Incorporated Under
The Companies Act, Having Its Registered
Office At New Delhi.
I, ……A*…….. the deponent hereinabove do hereby solemnly affirm
and state hereunder:

 (1.) I say that I am the Authorized Representative /


Director of the Plaintiff Company and I am aware of
the facts and circumstances of the present suit
based upon the records of the Plaintiff maintained
in the ordinary course of business and I am duly
authorized and competent to swear and file the
present suit and affidavit.
 (2.) I say that the Plaintiff-company inter-
alia carry on the business of construction,
engineering and designing. The Plaintiff is
builder of international repute and has
earned a big name in their business.
 (3.) I say that the Defendant approached the
Plaintiff for construction of a building for their
paper mill at Chandigarh some time in the year
2000 whereupon the Plaintiff constructed the
building and handed over the possession of the
same to the Defendant sometime in December,
2013.
 (4.) I say that the on 4th April, 2014, the Plaintiff raised
the final bill for Rs. 4,19,200/- on the Defendant on
account of the aforesaid construction of their paper mill
at Chandigarh against which the Defendant handed over
cheque No. 213456 dated 18.4.2014 for Rs. 4,19,200/-
drawn on Punjab National Bank, Shahdara, Delhi to the
Plaintiff, which was dishonoured upon presentation.
 (5.) I say that the Plaintiff immediately informed
the Defendant about the dishonour of the said
cheque and called upon the Defendant to make the
payment of the said amount along with interest @
18% per annum. However, the Defendant failed to
pay the same to the Plaintiff despite repeated
requests and reminders.
 (6.) I say that the Plaintiff therefore finally issued a
legal notice dated 6th April, 2015 to the Defendant
calling upon the Defendant to clear the outstanding
amount of Rs. 1,39,492/- along with interest at the
rate of 18% per annum w.e.f. 4-4-2014 upto the date
of payment. However, no payment has been made by
the Defendant despite the said notice.
 (7.) I say that the Defendant is now liable to pay a
sum of Rs. 4,19,200/- along with interest @ 18% per
annum from the date on the Plaintiff‟s bill. The
Plaintiff is however, claiming interest form 18-4-
2014 upto the date of filing of this suit @ 18% per
annum.
 (8.) I say that the accompanying Suit has been drafted
and filed by my counsel upon my instructions and
contents of the same are true and correct.

 (9.) I say that the documents filed along with plaint are
true copies of originals.
……(DEPONENT)
Date……
Place…..
VERIFICATION:
 I, ………, do hereby verify on this ____day of January, 20.. at

Delhi that the contents of the above paras 1-9 in said

affidavit are true and correct to my knowledge and

information and nothing material has been concealed

therefrom.

……..(DEPONENT)

Date…..

Place…..

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