Written Statement Swapnil

 

BEFORE THE HON’BLE COURT OF CIVIL JUDGE CLASS II

AT BHATAPARA DISTRICT BALODA BAZAAR (C.G.) Civil/Recovery Suit No. 12B/2018 …PLAINTIFF 

Corporation bank

VERSUS Swapnil Marketing and Anr.

….DEFENDANT 

WRITTEN STATEMENT FILED ON BEHALF OF DEFENDANT NO. 01 The defendant no. 01 above named most humbly and respectfully begs to submit as under: -

Para wise reply: 1.  Para no. 01 is the matter of record and needs no reply. Not repeated for the sake of brevity. 2.  Para no. 02 is the matter of record and needs no reply. Not repeated for the sake of brevity. 3.  Contents of Para no. 03 of the plaint, except ex cept which are the matter of record are wrong and denied. 4.  Contents of Para no. 04 of the plaint, except ex cept which are the matter of record are wrong and denied. It is an accepted fact that the defendant no. 01 has borrowed loan of Rs. 4,00,000 from the Plaintiff Bank. 5.  Contents of Para no. 05 of the Plaint is the matter of the record and needs no reply.

 

6.  Contents of the Para no. 06 of the Plaint are not specifically admitted herein and denied. The plaintiff is put to strict proof of the same. The defendant no. 01 from time to time paid the interest amount from the initial date of the Loan i.e. 24/09/2013 till year 2016, after which the defendant no. 01 had a great loss in his trade due to which the financial status of the defendant no. 01 was at stake and consequently he went insolvent. He even communicated the same with the bank regarding his financial status. 7.  Contents of Para no. 07 of the Plaint is the matter of the record and needs no reply. 8.  Contents of the Para no. 08 of the Plaint are not specifically admitted herein and denied. The plaintiff is put to strict proof of the same. 9.  Contents of the Para no. 09 of the Plaint is the matter of the record and needs no reply. 10.  Contents of the Para no. 10 of the Plaint are not specifically admitted herein and denied. The plaintiff is put to strict proof of the same. The defendant is more than willing to pay the said amount. It is condition of the defendant that he had a great loss in his trade t rade due to which he was unable to repay the amount though he has paid the interest till year 2016 without any fail. In the present scenario

the

defendant

no.

01

also

made

representation dated 23/03/2019 to the bank manager,

Corporation

Bank

regarding

the

 

settlement of the above stated case which is pending before the bank manager for consideration.

 

11. Contents of the Para no. 11 of the Plaint are not specifically admitted herein and denied. As the defendant no. 01 being unaware of the legal recourse never acted to the notice in written or made reply but defendant no. 01 had several communications with the bank regarding the same for settlement of the above said issue. The defendant no. 01 even approached the bank premises several time regarding the settlement of the said issue. 12.  Contents of the Para no. 12 of the Plaint are not specifically admitted herein and denied. 13.  Contents of Para no. 13 of the Plaint is the matter of the record and needs no reply. 14.  Contents of Para no. 14 of the Plaint are not specifically admitted herein and denied. 15.  Contents of Para no. 15 of the plaint, except exce pt which are the matter of record are wrong and denied. The defendant is more than willing to pay the said amount

and

representation

towards before

which the

also bank

made

a

regarding

settlement and the answering defendant even express the willingness to comply the same.

 

  It, is therefore prayed that, this Hon’ble Court may be pleased to dismiss above case as the defendant is more than willing to pay the amount and enter into a settlement with the plaintiff bank.

COUNSEL FOR DEFENDANT NO. 01

DEFENDANT

THROUGH

(MAYANK KUMAR) COUNSEL FOR DEFENDANT NO. 01 HIGH COURT, BILAPSUR (C.G.) DATE 16TH APRIL 2019 BHATAPARA

VERIFICATION I, Ravi Tanwani, S/o Late Shri Asumal Tanwani, aged about 45 years, do hereby declare that the facts stated in paras 1 to 15 are correct and true are to the best of my knowledge, information and belief and I believe the same to be true and correct. Hence, verified the same on this 16th  day of April, 2019 at Bhatapara, District Baloda Bazaar(C.G.).

DEFENDANT

 

BEFORE THE HON’BLE COURT OF CIVIL JUDGE CLASS II

AT BHATAPARA DISTRICT BALODA BAZAAR (C.G.) Civil/Recovery Suit No. 12B/2018 …PLAINTIFF 

Corporation bank

VERSUS ….DEFENDANT 

Swapnil Marketing and Anr.

AFFIDAVIT I, Ravi Tanwani, S/o Late Shri Asumal Tanwani, aged 45

years,

R/o

Tanwani

Building,

Mahasati

ward,

Bhatapara, District- Baloda Bazaar (C.G) do hereby solemnly affirm on oath and declare as under: 1.

That I am the defendant no.1 in the instant case and

as such I am aware of the facts and circumstances of the same. 2.

That the attached written statement has been

drafted as per my instructions and the contents thereof from paragraphs 1 to 15 are true and correct to the best of my personal knowledge and belief.

VERIFICATION I, Ravi Tanwani, the above named deponent do hereby verify that the contents of paragraphs 1 and 2 of this affidavit are true and correct to the best of my personal knowledge and belief. Verified and signed on this 16th day of April 2019 at Bhatapara. Identified by me.