IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION,

NAGPUR.

Summary Civil Suit No of 2021.

HARDIK EARTH MOVERS

..Vs..

RAHI REALTORS PRIVATE LIMITED & ORS.

AFFIDAVIT

(In support of the claim of the plaintiff as contemplated under

Order 37 Rule 3 of Civil Procedure Code)

I, Sanjay S/o.Roshanlal Sumra, Aged about 49 years, Occupation:

Business, R/o. 7, Mecosabagh, Opp Flyover, Near Lal School, Nagpur-
14 do hereby takes an oath and state on solemn affirmation as under:

1) I say that I am running my business under the name and style as

“Hardik Earth Movers” since last number of years and is having good
reputation in the market. I am the proprietor and I am aware of the facts
of the case and the entire transaction.

2) I say that the Plaintiff is engaged/deals in the business of

providing service/renting out Pochlain Machine, Rock Breaker, Soil
Compactor, J.C.B, Hywa & water tanker on hire basis.

3) I say that the Defendant No. 1 is a company duly registered under

the provisions of the Companies Act, 1956 having CIN :-
U452002MH2002PTC136121. I say that defendant no.1 Company was
incorporated on 04/06/2002. I say that defendant no. 2 to d are the
directors of the defendant no.1 company. I say that defendants 2 to 4 are
responsible for the day to day affairs of defendant no.1 company.

4) I say that the defendant No.1 company got construction of road

work at Akot, District Akola and accordingly defendant no. 2 being
director of defendant no.1 company had approach me and request for
giving my machine i.e Pochlain on hire basis/rental basis. I say that
after negotiation between defendant no.1 company and me I have issued
quotation dated 06.06.2018 for hiring of pochlain. I say that the
defendant no.2 have received the said quotation issued by me and finally
defendant no. 1 company have agreed with the terms and conditions of
the aforesaid quotation. I say that defendant No. 1 Company have given
work order/construction equipment rent agreement dated 06.06.2018.

5) I say that during period from 2018 to 2019, defendant no.1

company has taken pochlain on hire/rental basis from the me. I say that
Invoices were duly raised/issued and provided by the me to defendant
no.1 company from time to time.

6) I say that in in respect of the following invoices, defendant No.1

Company did not discharge its legal dues/liability towards the Plaintiff :

Invoice No. Invoice Invoice Total

Date Amount (Rs.) outstanding
amount(Rs.)

RRPL 18/01 01.08.201 2,87,526/-

8

RRPL 18/02 02.09.201 2,07,286/-

8
 RRPL 18/03 02.10.201 2,00,600/-
8

RRPL 18/04 02.11.201 2,07,286/-

8

RRPL 18/05 02.12.201 2,36,000/-

8

RRPL 18/06 02.01.201 2,43,866/-

9

RRPL 18/07 01.02.201 2,43,866/-

9

Total 16,26,430/-

7) I say that the defendant no.1 company and I had mutually tried to
settle the matter amicably and therefore, it was agreed that defendant
no.1 company will make payment of Rs.10,94,830/- (Rs. Ten Lakhs
ninety-four thousand eight hundred thirty only) towards full and final
settlement of the transaction between the parties. I say that the defendant
no.1 company has issued two cheques towards the full and final
settlement to the Plaintiff details relating to the same are mentioned
herein below in tabular form :-

Sr.No Particulars Cheque Date Amount(Rs.)

No.

1. Bank of India, 246356 05.03.2019 1,43,746.00

Dharampeth
Branch, Nagpur

2. Bank of India, 246354 15.03.2019 9,51,084.00

Dharampeth
Branch, Nagpur
 10,94.830/-

8) I say that I presented the aforesaid cheques in my firms account

maintained at Union Bank of India, Jaripatka Branch, Nagpur, for its
encashment but the same were returned by the concerned bank, for the
reason “Funds insufficient” in the account on 16.03.2019. I say that on
return/dishonour, the said fact was informed to defendant no.2 by the me
but defendants did not arrange the amount deliberately and
mischievously but issued the aforesaid cheques in order to cheat the
Plaintiff.

9) I say that on several requested the defendants, through various

means (viz. Telephone, Mails and in person), to make the payment of the
outstanding amount. That the defendant No.1 & 2 on request of the
Plaintiff, made payment of Rs. 3,00,000/- on 06.05.2019, Rs. 50,000/-
on 13.11.2019 and Rs. 1,00,000/- on 07.12.2019 till date. As on date,
there is an outstanding of Rs. 6,44,830/- (Rs. Six lakhs forty four
thousand eight hundred only) against the defendants.

10) I say that I have send legal notice to defendant for outstanding
amount of Rs. 6,44,830/-. I say that the defendant Nos. 1 to 4 received
the said notices and replied the same on 26.10.2020 to the said notice
and admitted that they are liable to pay the Outstanding amount of Rs.
6,18,069/-.

11) PARTICULARS OF CLAIM :- Pass a decree directing the

defendants to pay :

Rs. 6,44,840/- - Outstanding amount.

Rs. 2,04,791=00 - Interest @ 24 % P.a. for the period
from 07.12.2019 to 03.04.2021
i.e for 483 days
 Rs. 10,000=00 - Towards notice charges
__________________
Rs.8,59,621/- Total
__________________

12) As per me, the defendants have no defense in the instant matter
and the defendants have to make the payment of the amount claimed in
the instant matter and therefore, there is absolutely no legal impediment
in pronouncing the judgment in the instant matter. As per me the
defendants cannot be given an opportunity to defend the instant matter in
view of the peculiar facts and circumstances of the case and the fact that
there is no sufficient and substantial defence to be raised by the
defendants and decree needs to be passed against the defendants.

NAGPUR:

DATED : 16/08/2021 DEPONENT

VERIFICATION

Verified and Signed on 16th August, 2021 that the contents of

paras 1 to 12 above are true and correct to my personal knowledge as far
as the factual aspects of the matter are and legal averments are made as
per the legal advice given in this regard. Hence verified and signed on
this 16th day of August, 2021 at Nagpur.

I know the Deponent DEPONENT

Advocate.