IN THE COURT OF MS.

SUJATA KOHLI, ADDITIONAL DISTRICT JUDGE,

CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI

CIVIL SUIT NO.

IN THE MATTER OF:

M/S SARADARI LAL & CO PLAINTIFF

VERSUS

M/S SUPREME INFRASTRUCTURE INDIA LTD. DEFENDANT

EX-PARTE EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE

PLAINTIFF

PW-1: Affidavit of Rajan Bajaj Son of Shri Dev Raj Bajaj Ages about 50
years Resident of 137B, Golf Links, New Delhi do hereby solemnly affirm
and declare as under:

1. The deponent states that the Plaintiff is a partnership firm duly

registered with the Registrar of Firms, Delhi with its office at 3367, Hauz
Qazi, Delhi-110006. The deponent is one of the registered partners of the
Plaintiff firm as such is fully competent to represent the Plaintiff firm and to
sign, verify and institute the present suit as well as to depose the present
affidavit. The Form A and B regarding registration of the Plaintiff form
issued by the Registrar of Firms (Central), Delhi are exhibited as Exhibit
PW1/1 (Colly).

2. The deponent states that the Plaintiff is dealing in all kinds of

valves, pipes and pipe fittings. The Defendant is a limited company and
had been purchasing pipe and pipe fittings from the Plaintiff by placing
orders at the office of the Plaintiff and the Plaintiff had been supplying the
pipes and pipe fittings to the Defendant to the entire satisfaction of the
Defendant as per the orders and satisfaction strictly. The Plaintiff has been
maintaining the running account of the Defendant in its books of accounts
and had been debiting the account of the Defendant for the goods
purchased by the Defendant & bills raised upon the Defendant and
crediting the account of the Defendant for the payments received from the
Defendant. It is stated that the Defendant used to make payments on
account and bill wise. The payments were always by the Defendant on
account and bill wise. A sum of Rs.1,438/- was due to the Plaintiff from the
Defendant as on 11.09.2013 towards the supply made by the Plaintiff to
the Defendant.
3. The deponent states that the Defendant placed the following
purchase orders in writing upon the Plaintiff at business/office i.e. 3367,
Hauz Qazi, Delhi-110006 as per details given below:

SL. NO. PURCHASE ORDER DATED AMOUNT EXHIBIT

NO. (Rs.)
1. 67 16.9.2013 28,83,619.83 Exhibit
PW1/2
2. 68 16.9.2013 27,95,797.83 Exhibit
PW1/3
3. 22003677 1.10.2013 02,59,043.00 Exhibit
PW1/4
4. 22003680 1.10.2013 22,56,691.00 Exhibit
PW1/5
5. 82 9.10.2013 11,61,660.55 Exhibit
PW1/6
6. SIIL/RO/RPC/EPGE289 12.10.2013 6,74,284.95 Exhibit
PW1/7
7. 97 28.10.2013 02,92,928.03 Exhibit
PW1/8
8. 22004237 8.11.2013 13,600.00 Exhibit
PW1/9
9. 113 31.01.2014 03,34,452.64 Exhibit
PW1/10
10. RO/SIIL/BPTP/B00093 11.02.2016 02,00,012.00 Exhibit
19.02.2016 PW1/11

It is stated that the Challan No.5921 dated 12.10.2013, Challan

No.5922 dated 12.10.2013, Challan No.5945 dated 14.10.2013 Challan
No.5946 dated 14.10.2013 and Challan No.6703 dated 11.11.2013 are
exhibited as Exhibit PW1/12 to PW1/16.

4. The deponent states that the Plaintiff supplied the goods/pipes to

the Defendant as per the orders and specifications of the Defendant
through invoices/bills as per details given below:

SL. NO. INVOICE / DATE AMOUNT EXHIBIT

BILL NO. (RS.)
1. R-1717 28.09.2013 10,61,069.00 Exhibit
PW1/17
2. R-1718 28.09.2013 06,84,329.00 Exhibit
PW1/18
3. R-1729 30.09.2013 01,54,059.00 Exhibit
PW1/19
4. R-1836 11.10.2013 10,52,208.00 Exhibit
PW1/20
5. T-3776 16.10.2013 06,92,839.00 Exhibit
PW1/21
6. T-3777 16.10.2013 02,39,927.00 Exhibit
PW1/22
 7. T-3783 16.10.2013 08,05,760.00 Exhibit
PW1/23
8. T-3784 16.10.2013 07,58,092.00 Exhibit
PW1/24
9. R-1876 17.10.2013 01,00,247.00 Exhibit
PW1/25
10. R-1928 22.10.2013 02,90,937.00 Exhibit
PW1/26
11. R-1974 26.10.2013 03,86,848.00 Exhibit
PW1/27
12. R-2042 01.11.2013 02,92,126.00 Exhibit
PW1/28
13. T-4242 13.11.2013 32,510.00 Exhibit
PW1/29
14. R-93 11.04.2014 03,34,439.00 Exhibit
PW1/30
15. R-3307 01.03.2016 02,00,012.00 Exhibit
PW1/31

5. The deponent states that the Defendant against the above said
supplies made by the Plaintiff to the Defendant against bills/invoices as
mentioned in the preceding paragraphs, the Defendant in discharge of its
liability made part payments through NEFT as well as RTGS, further the
Defendant in discharge of its liability also issued cheques in favour of the
Plaintiff, although some of the cheques as issued by the Defendant were
dishonored / returned unpaid. It is stated that the cheques issued by the
Defendant were deposited by the Plaintiff in the ICICI Bank, Chawri Bank,
Delhi Branch, Delhi.

SL. NO. BANK NAME & CHEQUE DATE AMOUNT

(RS.)
1. ICICI Bank, Chawri Bazar, 21.10.2013 01,68,571.00
Delhi through RTGS
2. ICICI Bank, Chawri Bazar, 30.11.2013 5,00,000.00
Delhi through cheque
no.443565
3. ICICI Bank, Chawri Bazar, 02.12.2013 05,05,715.00
Delhi through cheque
no.223494 (cheque
dishonoured)
4. ICICI Bank, Chawri Bazar, 11.12.2013 09,19,480.00
Delhi through cheque
no.443427
5. ICICI Bank, Chawri Bazar, 11.12.2013 05,00,000.00
Delhi through cheque
no.443564
6. ICICI Bank, Chawri Bazar, 07.12.2013 02,00,000.00
Delhi through RTGS
7. ICICI Bank, Chawri Bazar, 03.03.2014 03,00,000.00
Delhi through cheque
no.192892
 8. ICICI Bank, Chawri Bazar, 08.03.2014 09,00,000.00
Delhi through cheque
no.222804 (cheque
dishonoured)
9. ICICI Bank, Chawri Bazar, 08.03.2014 04,37,897.00
Delhi through cheque 222806
10 08.03.2014 02,59,020.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.222803 (cheque
dishonoured)
12. 08.03.2014 09,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.222805
13. 13.03.2014 03,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.192892
14. 24.03.2014 98,626.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.751233
15. 04.04.2014 04,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through RTGS
16. 23.05.2014 06,27,544.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.751240 (cheque
dishonoured)
17. 26.05.2014 06,10,161.00
Goods returned in respect Bill
No.1974 & 1938
18. 26.12.2014 02,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through RTGS
19. 22.01.2015 01,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through cheque no.35219
20. 27.03.2015 01,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through NEFT
21. 04.06.2015 01,60,236.00
ICICI Bank, Chawri Bazar,
Delhi through cheque
no.036141
22. 24.02.2016 02,00,000.00
ICICI Bank, Chawri Bazar,
Delhi through RTGS

It is stated that the following cheques as issued by the Defendant

towards part payment of the dues in favour of the Plaintiff were received
back dishonoured / returned unpaid by the bank along with Return Memo:

SL. NO. CHEQUE DATE BANK AMOUNT EXHIBIT

NO. & (RS.)
 RETURN
MEMO
1. 378241 5.11.2013 SBI 28,83,619/-
Gurgaon
2. 222803 7.12.2013 PNB 2,59,020/- Exhibit
Gurgaon PW1/32
(Colly)
3. 222806 7.12.2013 PNB 4,37,897/- Exhibit
Gurgaon PW1/33
(Colly)
4. 222805 9.12.2013 PNB 9,00,000/- Exhibit
Gurgaon PW1/34
(Colly)
5. 222804 10.12.2013 PNB 9,00,000/- Exhibit
Gurgaon PW1/35
(Colly)
6. 751240 23.5.2014 Corporation 6,27,544/- Exhibit
Bank, PW1/36
Gurgaon (Colly)

6. The deponent states that in addition to the above payments made /

cheques issued by the Defendant, the Defendant also returned goods in
respect of Bill No.1717 & 1718 dated 28.09.2013 worth Rs.10,31,932.00
on 28.09.2013 and a debit note of Rs.6,000/- was also issued against the
Defendant on account of cartage account.

7. The deponent states that as on 31.03.2014 a sum of

Rs.28,39,780.00 was payable by the Defendant to the Plaintiff and the
Defendant further purchased goods on 11.04.2014 and 01.03.2016 for
Rs.03,34,439.00 and Rs.2,00,012.00 vide Bill No.R-93 & R-3304
respectively.

8. The deponent states that after purchase of the aforesaid goods the
Defendant paid Rs.4,00,000/- on 4.4.2014, Rs.2,00,000/- on 26.12.2014
(both through RTGS), Rs.1,00,000/- on 22.1.2015 vide cheque
No.035219, Rs.1,00,000/- on 27.3.2015 through NEFT, Rs.1,60,236/- on
4.6.2015 through cheque no.036141 and Rs.2 lakh on 24.2.2016 through
RTGS. It is stated that all the payments had been made as part payment
towards the dues of the Plaintiff by the Defendant. The Defendant further
returned goods worth Rs.6,10,161/- on 26.5.2014 for which credit note
no.20 dated 26.5.2014 was issued by the Plaintiff in favour of the
Defendant.

9. The deponent states that after adjustment of the part payments

made by the Defendant, as per ledger account / statement of the
Defendant as maintained by the Plaintiff regularly a sum of Rs.16,03,834/-
are still outstanding against the Defendant. The Statement of Account for
the period 01.04.2013 to 08.05.2017 is exhibited as Exhibit PW1/37
(Colly) and Statement of Interest for the period from 04.06.2015 to
31.03.2016 and from 01.04.2016 to 08.05.2017 is exhibited as Exhibit
PW1/38 (Colly).
10. The deponent states that the Defendant has failed to pay the
outstanding amount of Rs.16,03,834/- to the Plaintiff despite service of
Legal Notice dated 26.9.2016. The Legal Notice dated 26.9.2016 is
exhibited as Exhibit PW1/39, The Registered AD Postal Receipts, Speed
Post Receipt and Courier Receipt are exhibited as Exhibit PW1/40
(Colly), the Courier Delivery Report is exhibited as Exhibit PW1/41, the
Speed Post Envelope received back with report of Refusal by Defendant
on 01.10.2016 is exhibited as Exhibit PE1/42 and Regd. Ad Envelope
received back with report Refusal by the Defendant on 03.10.2016 is
exhibited as Exhibit PW1/43.

11. The deponent states that as per terms & conditions as stipulated in
Bills / Invoices issued by the Plaintiff, in case the payment is not made by
the Defendant within due date the Defendant would be liable to pay
interest @ 18% p.a. from the date of bill.

12. The deponent states that the Plaintiff had duly paid the applicable
sales tax against Form C, which are detailed hereunder:

SL. NO. DATED AMOUNT (Rs.) EXHIBIT

1664848 31.08.2015 82,691/- Exhibit
PW1/44
16664849 31.05.2015 10,39,784/- Exhibit
PW1/45
16664850 20,59,673/- Exhibit
PW1/46
16664851 31.08.2015 03,21,088/- Exhibit
PW1/47
HR06WC1565017 01.06.2016 02,00,013/- Exhibit
PW1/48

13. The deponent states that the statement of account showing the
ledger account of the Defendant in the books of the Plaintiff is generated
by the computer during the period over which the computer was used
regularly to store information for the purposes of accounting by the
accountant of the Plaintiff firm under the supervision of the Plaintiff having
lawful use of the computer and during the period of statement of account
i.e. from 01.04.2013 to 08.05.2017 the accounting entries were regularly
fed into the computer in the ordinary course of business and throughout
 the period of computer was operating properly and that the information /
entries contained in the statement of account is derived from such
information fed into computer in the ordinary course of accounting
activities. The statement of account containing the accounting entries in it
and the same has been generated and print outs have been taken from
the printers in the office of the Plaintiff firm. The Certificate Under Section
65-B of Indian Evidence Act, 1872 is exhibited as Exhibit PW1/49.

14. The deponent states that the Defendant is now liable to pay the
following amount to the Plaintiff:

(i) Balance Principal Amount for

goods supplied to the Defendant: Rs.16,03,834.00

(ii) Interest @ 18 p.a. from 04.06.2015 to

31.03.2016: Rs.02,38,268.00

(iii) Interest @ 18 p.a. from 01.04.2016 to

31.03.2017: Rs.02,88,690.12
______________
Rs.21,30,792.12

15. The deponent states that the Plaintiff claims Rs.Rs.21,30,700/- from
the Defendant and waives the claim of Rs.92.12 from the interest, the
Defendant is liable to make the aforesaid payments to the Plaintiff. It is
stated that suit of the Plaintiff is true and correct.

Deponent
VERIFICATION:

Verified at Delhi on this day of 2017 that the contents of para 1

to 15 of aforesaid affidavit are true and correct to best of my knowledge as
derived from records maintained by the Plaintiff firm. Nothing material has been
concealed from the Hon’ble Court therefrom.

Deponent
 IN THE COURT OF SHRI SANATAN PRASAD , ADDITIONAL DISTRICT
JUDGE, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI

CIVIL SUIT NO.

IN THE MATTER OF:

M/S SARADARI LAL & CO PLAINTIFF

VERSUS

M/S SUPREME INFRASTRUCTURE INDIA LTD. DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE PLAINTIFF

PW-6: Affidavit of Shri Khemraj HC No. 5991/SD P.S Saket New Delhi :

It is stated that the following cheques as issued by the Defendant

towards part payment of the dues in favour of the Plaintiff were received
back dishonoured / returned unpaid by the bank along with Return Memo:

SL. NO. CHEQUE DATE BANK AMOUNT EXHIBIT

NO. & (RS.)
RETURN
MEMO
1. 378241 5.11.2013 SBI 28,83,619/-
Gurgaon
2. 222803 7.12.2013 PNB 2,59,020/- Exhibit
Gurgaon PW1/32
(Colly)
3. 222806 7.12.2013 PNB 4,37,897/- Exhibit
Gurgaon PW1/33
(Colly)
4. 222805 9.12.2013 PNB 9,00,000/- Exhibit
Gurgaon PW1/34
(Colly)
5. 222804 10.12.2013 PNB 9,00,000/- Exhibit
Gurgaon PW1/35
(Colly)
6. 751240 23.5.2014 Corporation 6,27,544/- Exhibit
Bank, PW1/36
Gurgaon (Colly)

16. The deponent states that in addition to the above payments made /
cheques issued by the Defendant, the Defendant also returned goods in
respect of Bill No.1717 & 1718 dated 28.09.2013 worth Rs.10,31,932.00
on 28.09.2013 and a debit note of Rs.6,000/- was also issued against the
Defendant on account of cartage account.

17. The deponent states that as on 31.03.2014 a sum of

Rs.28,39,780.00 was payable by the Defendant to the Plaintiff and the
Defendant further purchased goods on 11.04.2014 and 01.03.2016 for
Rs.03,34,439.00 and Rs.2,00,012.00 vide Bill No.R-93 & R-3304
respectively.

18. The deponent states that after purchase of the aforesaid goods the
Defendant paid Rs.4,00,000/- on 4.4.2014, Rs.2,00,000/- on 26.12.2014
(both through RTGS), Rs.1,00,000/- on 22.1.2015 vide cheque
No.035219, Rs.1,00,000/- on 27.3.2015 through NEFT, Rs.1,60,236/- on
4.6.2015 through cheque no.036141 and Rs.2 lakh on 24.2.2016 through
RTGS. It is stated that all the payments had been made as part payment
towards the dues of the Plaintiff by the Defendant. The Defendant further
returned goods worth Rs.6,10,161/- on 26.5.2014 for which credit note
no.20 dated 26.5.2014 was issued by the Plaintiff in favour of the
Defendant.

19. The deponent states that after adjustment of the part payments
made by the Defendant, as per ledger account / statement of the
Defendant as maintained by the Plaintiff regularly a sum of Rs.16,03,834/-
are still outstanding against the Defendant. The Statement of Account for
the period 01.04.2013 to 08.05.2017 is exhibited as Exhibit PW1/37
(Colly) and Statement of Interest for the period from 04.06.2015 to
31.03.2016 and from 01.04.2016 to 08.05.2017 is exhibited as Exhibit
PW1/38 (Colly).
20. The deponent states that the Defendant has failed to pay the
outstanding amount of Rs.16,03,834/- to the Plaintiff despite service of
Legal Notice dated 26.9.2016. The Legal Notice dated 26.9.2016 is
exhibited as Exhibit PW1/39, The Registered AD Postal Receipts, Speed
Post Receipt and Courier Receipt are exhibited as Exhibit PW1/40
(Colly), the Courier Delivery Report is exhibited as Exhibit PW1/41, the
Speed Post Envelope received back with report of Refusal by Defendant
on 01.10.2016 is exhibited as Exhibit PE1/42 and Regd. Ad Envelope
received back with report Refusal by the Defendant on 03.10.2016 is
exhibited as Exhibit PW1/43.

21. The deponent states that as per terms & conditions as stipulated in
Bills / Invoices issued by the Plaintiff, in case the payment is not made by
the Defendant within due date the Defendant would be liable to pay
interest @ 18% p.a. from the date of bill.

22. The deponent states that the Plaintiff had duly paid the applicable
sales tax against Form C, which are detailed hereunder:

SL. NO. DATED AMOUNT (Rs.) EXHIBIT

1664848 31.08.2015 82,691/- Exhibit
PW1/44
16664849 31.05.2015 10,39,784/- Exhibit
PW1/45
16664850 20,59,673/- Exhibit
PW1/46
16664851 31.08.2015 03,21,088/- Exhibit
PW1/47
HR06WC1565017 01.06.2016 02,00,013/- Exhibit
PW1/48

23. The deponent states that the statement of account showing the
ledger account of the Defendant in the books of the Plaintiff is generated
by the computer during the period over which the computer was used
regularly to store information for the purposes of accounting by the
accountant of the Plaintiff firm under the supervision of the Plaintiff having
lawful use of the computer and during the period of statement of account
i.e. from 01.04.2013 to 08.05.2017 the accounting entries were regularly
fed into the computer in the ordinary course of business and throughout
the period of computer was operating properly and that the information /
entries contained in the statement of account is derived from such
information fed into computer in the ordinary course of accounting
activities. The statement of account containing the accounting entries in it
and the same has been generated and print outs have been taken from
the printers in the office of the Plaintiff firm. The Certificate Under Section
65-B of Indian Evidence Act, 1872 is exhibited as Exhibit PW1/49.

24. The deponent states that the Defendant is now liable to pay the
following amount to the Plaintiff:

(iv) Balance Principal Amount for

goods supplied to the Defendant: Rs.16,03,834.00

(v) Interest @ 18 p.a. from 04.06.2015 to

31.03.2016: Rs.02,38,268.00

(vi) Interest @ 18 p.a. from 01.04.2016 to

31.03.2017: Rs.02,88,690.12
______________
Rs.21,30,792.12
 25. The deponent states that the Plaintiff claims Rs.Rs.21,30,700/- from
the Defendant and waives the claim of Rs.92.12 from the interest, the
Defendant is liable to make the aforesaid payments to the Plaintiff. It is
stated that suit of the Plaintiff is true and correct.

Deponent
VERIFICATION:

Verified at Delhi on this day of 2017 that the contents of para 1

to 15 of aforesaid affidavit are true and correct to best of my knowledge as
derived from records maintained by the Plaintiff firm. Nothing material has been
concealed from the Hon’ble Court therefrom.

Deponent

IN THE COURT OF SHRI SANATAN PRASAD , ADDITIONAL DISTRICT

JUDGE, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
 CIVIL SUIT NO.

IN THE MATTER OF:

Mrs . Yashee Jaspal and another PLAINTIFF

VERSUS

Shri Tajinder Singh Bhalla and other DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE PLAINTIFF

PW-6: Affidavit of Shri Khemraj HC No. 5991/SD P.S Saket New Delhi :

1. I have brought the copy of NCR No. 845/2013 with P.S Saket on
the lost of the complaint Dated 05/04/2013 For lost of Property Papers of
S.S.Jaspal and family of property No, Flat No-B,Plot No.2477,2478,2479,
Beadon Pura Karol Bagh .

2. I am placing the copy of said complaint with copy of NCR with my

application Dated 08/08/2017 which is my Signatures

Deponent
VERIFICATION:

Verified at Delhi on this 08 day of august 2017 that the contents of para to
aforesaid affidavit are true and correct to best of my knowledge as derived from
records. Nothing material has been concealed from the Hon’ble Court therefrom.

Deponent