IN THE COURT OF SH.

SANJEEV KUMAR MALHOTRA

DISTRICT JUDGE (COMMERCIAL COURT)
NORTH-EAST, KARKARDOOMA COURTS, DELHI
C.S. (COMM.) NO. 43/2023

IN THE MATTER OF:

M/S. POLO ENTERPRISES …PLAINTIFF

VERSUS
M/S. PARAMARA PROMOTIONS PVT. LTD. &
ORS. …DEFENDANTS

INDEX
S.NO. PARTICULARS PAGE NO.

1. Evidence by way of affidavit from and on behalf of

the defendant

2. List of witnesses on behalf of Defendants

NEW DELHI
DATE: ALOK KUMAR PANDEY
Advocate for Defendants
R-898, New Rajinder Nagar
New Delhi-110060
Office no.011-46132894
M: 9958495050
E-mail: office@avantamlegal.in
 IN THE COURT OF SHRI SANJEEV KUMAR MALHOTRA LD
DISTRICT JUDGE (COMMERCIAL COURT): NORTH-EAST:
KARKARDOOMA COURTS: AT DELHI.
CS (COMM)/ 43/2023
IN THE MATTER OF:
M/s Polo Enterprises ...Plaintiff
Versus

M/s Pramara Promotions Pvt Ltd & Ors. ...Defendant

EVIDENCE BY WAY OF AFFIDAVIT FROM AND ON BEHALF OF

THE DEFENDANT

I, Rohit Lamba, Director of M/s Pramara Promotors Pvt. Ltd., Unit No.
A-208, 2nd Floor, Boomerang, Chandivali Farm Road, Andheri (East), Mumbai-
400072, do hereby solemnly affirm and declare as under:-

1. I say that I, Defendant no. 2, is one of the Directors/CEO, of the

defendant no.1 company and is well conversant with the facts and

circumstances of the present case. Copy of Board Resolution dated

25.10.2023 is exhibited as Ex. DW1/1.

2. I say that the suit of the plaintiff is not sustainable in the eyes of law as

the plaintiff is trying to mislead the Hon’ble Court and is falsely

implicating the defendants. The falsity of the suit is clear from the fact

that the plaintiff has falsely filed the present suit which clearly show that

the suit has been filed by the plaintiff in order to extract money from the

defendants.
3. I say that the plaintiff has intentionally not disclosed the above-

mentioned true facts in his present suit documents/papers on record with

its malafide intention to take undue advantage and misusing the process

of law and misguide the Hon’ble court, which is itself sufficient to

dismiss the present suit of the plaintiff with cost.

4. I say that the present suit of the plaintiff is liable to be dismissed in its

present form as same has been filled by the plaintiff without having any

cause of action against the answering defendants and whatever cause of

action has been disclosed by the plaintiff in the present suit, the same is

based upon false and fabricated facts and concocted story as well as on

the basis of active concealment of true and genuine facts.

5. I say that the defendant firm/company has not placed the order as alleged

in the plaint.

6. I say that the defendant has not received any kind of material as alleged in

the plaint.

7. I say that the defendant has not received the material as alleged in the

plaint and there is no liability on the part of the answering defendant.

However any outstanding amount is denied by the Defendants and the

alleged details in the Annexures are wrong, false and fabricated.

8. I say that there is no any outstanding balance as on dt. 27.02.2023 or any

day till date is pending by the defendants for the supply of material as

alleged in the plaint. The alleged letter is forged and fabricated and since
 no amount is due, hence, the correctness of the same is denied. Since, no

material has been supplied by the plaintiff to the defendant as alleged in

the plaint, hence, the question of making the payment does not arise at all.

9. I say that there is no alleged admitted liability of the defendants against

the plaintiff.

10.I say that there was no such/alleged agreement between the plaintiff and

the defendant to make the payment of alleged interest as claimed by the

plaintiff in the plaint.

11.I say that no cause of action had ever been arose in favour of the plaintiff

and against the answering defendants as wrongly stated by the plaintiff,

hence the present suit is liable to be rejected.

DEPONENT
VERIFICATION:
Verified at Delhi on this __th day of March, 2024, that the contents of the

above affidavit are all true and correct to my knowledge. No part of it is false

and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF SH. SANJEEV KUMAR MALHOTRA
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH-EAST, KARKARDOOMA COURTS, DELHI
C.S. (COMM.) NO. 43/2023

IN THE MATTER OF:

M/S. POLO ENTERPRISES …PLAINTIFF

VERSUS
M/S. PARAMARA PROMOTIONS PVT. LTD. &
ORS. …DEFENDANTS

LIST OF WITNESSES ON BEHALF OF DEFENDANTS

1. Mr. Rohit Lamba

Unit No.A-208, 2nd Floor, Boomerang,
Chandivali Farm Road, Andheri (East),
Mumbai-400072

2. Any other witnesses with the permission of this court.

ALOK KUMAR PANDEY

Advocate for Defendants
R-898, New Rajinder Nagar
New Delhi-110060
Office no.011-46132894
M: 9958495050
E-mail: office@avantamlegal.in