IN THE COURT OF SENIOR CIVIL JUDGE ROHINI COURT DELHI

CIVIL SUIT NO.__________ OF 2017

In ref. of:-

Punjab National Bank ...Plaintiff

Versus

SNEH LATA BATRA& Anr. ...Defendants

AFFIDAVIT

Affidavit of Sh. Gurcharan Takkar Manager, Punjab National Bank, BO:

Kanjhawala, at Delhi.

I, the above named deponent do hereby solemnly affirm and state as under:

1. That I am the plaintiff in the above noted case and am fully

conversant with the facts of the above case and competent to swear

this affidavit.

2. That the accompanying suit for recovery under Order 37read with

Sec.151 CPC has been drafted by my counsel on my instructions, the

contents of which may be read as part of this affidavit which are not

being repeated here for the sake of brevity, and I do hereby state that

the same are true and correct to my knowledge.

DEPONENT

VERITIFICAITON:

Verified at Delhi on this of that the contents of the above affidavit are

true and correct to my knowledge and nothing has been concealed there

from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE ROHINI COURT DELHI

CIVIL SUIT NO.__________ OF 2017

MEMO OF PARTIES

Punjab National Bank

constituted under Banking Companies
(Acquisition and Transfer of Undertakings) Act 1970,
having its Head Office at
7, Bhikaiji Cama Place,
New Delhi 110 066
and Branch Office at
Kanjhawala,
Delhi-110081. ...Plaintiff
Versus

1. SNEH LATA BATRA

Resident of:
C-5/31, Maha Laxmi Appartment
Rama Vihar, Karala
Delhi. 110081

Also At:
Kh no. 51/12 rajeev nagar extn
Katayani vihar new karala road
Begumpur, Delhi 110086

2. VIPIN TIWARI
S/O JAGDISH TIWARI
R/O 9A/611,
T HUTS LAL BAGH
AZAD PUR DELHI ...DEFENDANT

DELHI. PLAINTIFFBANK

THROUGH

DATED:-
WARIS ALI & Associates

ADVOCATES
 IN THE COURT OF SENIOR CIVIL JUDGE ROHINI COURT DELHI

CIVIL SUIT NO.__________ OF 2017

In ref. of:-

Punjab National Bank

constituted under Banking Companies
(Acquisition and Transfer of Undertakings) Act 1970,
having its Head Office at
7, Bhikaiji Cama Place,
New Delhi 110 066
and Branch Office at
Kanjhawala,
Delhi-110081. ...Plaintiff
Versus

SNEH LATA BATRA (Prop.)

1. SNEH LATA BATRA

Resident of:
C-5/31, Maha Laxmi Appartment
Rama Vihar, Karala
Delhi. 110081
Also At:
Kh no. 51/12 rajeev nagar extn
Katayani vihar new karala road
Begumpur, Delhi 110086

2. Vipin tiwari s/o jagdish tiwari

R/o 9A/611,
T Huts lal bagh
Azad pur Delhi ...Defendant

SUIT FOR THE RECOVERY U/o XXXVII rule 1 of Code of Civil Procedure for
RS. 7,12,134/- (RUPEES Seven Lacs Twelve Thousand One Hundred Thirty
Four ONLY) TOGETHER WITH ALL COSTS AND INTEREST THEREON.

VALUE OF THE JURISDICTION :RS. 7,12,134/-

TERRITORIAL JURISDICTION : NORTHDISTRICT,

AT ROHINICOURTS,

DELHI

COURT FEE PAID : Rs./-

The plaintiff submits as follows :

1. The Plaintiff is a Bank, constituted under Banking Companies

(Acquisition and Transfer of Undertakings) Act 1970, having its Head

Office at 7, Bhikaiji Cama Place, New Delhi 110 066 and inter-alia a

Branch Office at Kanjhawala, Delhi-110081. Shri Gurcharan Takkar,

Branch Manager is the Principal Officer of the Bank and is conversant

with the facts of the case. He is a duly constituted attorney and is

authorized to sign and verify the pleadings and do the needful on

behalf of the Plaintiff. A photo copy of the Power of Authorized

Representative is filed herewith as Exhibit .

2. The defendant SNEH LATA BATRA is wife of late Yogendra Pal Singh,

doing her business of garments manufacturing at Kh no. 51/12

rajeev nagar extn Katayani vihar new karala road Begumpur,

Delhi 110086 .At the request of defendant, the Bank through Branch

office, Kanjhawala, Delhi had lent credit facilities, the details of which

are given as under:

Prime Minister’s Employment Generation Program (PMEGP)

In respect of said facilities and also to secure the amount outstanding

under the said facilities, defendant No.1 Mr. SNEH LATA BATRA as

authorized vide Resolution dated 16.03.2015 of the Company)

executed the following loaning and security documents:

Facility Document Amount/Limit Particulars Rate of

Interest i.e @ 13.75% per annum with monthly Interests

Documents ExhibitNo.

(Note : State each facility and details of documents executed

there-against.)

3. The account has become irregular since 31-03-2016 In term loan

account, installments have not been paid. A recall notice for entire

outstanding has been made several times vide letter last notice dated
 31-08-2016. Despite demands, the defendant have not regularized the

account.

4. The Plaintiff has issued final legal notice on 13-10-2016 .

5. That the term loan under PMEGP(Prime Minister Employment

Guarantee Programme) was of Rs 10,00,000(Ten Lacs) only

sanctioned on 17.03.2015 out of which Rs 9,67,034 (Nine Lacs Sixty

Seven Thousand and Thirty Four) only was disbursed.

6. That the account was declared NPA with balance remaining of Rs

9,67,034 (Nine Lacs Sixty Seven Thousand and Thirty Four) Only on

30.09.2016.

7. That the Recovery of Rs.4900 was made as off 28.10.2016 further

more subsidy amount of Rs 2,50,000 (two Lacs Fifty Thousand) only

was credited to the Loan Account on 26.12.2016. The present O/S

balance is Rs.7,12,134 (Seven Lacs Twelve Thousand One Hundred

Thirty Four) Only.

8. The transaction entered into between Plaintiff and the defendant is a

commercial transaction and, as such, the Plaintiff is entitled to

pendentelite and future interest at the contracted rate which is 2%

p.a. with 13.75% rests as on the date of this application.

9. That interest/compound interest has been charged at such rates and

capitalized at such periodical rests, as are permitted by and do not run

counter to the directives of the RBI.

10. That the Plaintiff bank maintains Books of Accounts of the loans

granted to the defendant in its usual and ordinary course of business.

Copies of the same, duly certified under Banker‟s Books Evidence Act,

is annexed herewith.

11. The cause of action arose to the plaintiff on various dates viz. on :

a) When amount was advanced, security documents were executed

on 16.03.2015.

b) The documents were executed by defendant (borrower) on

 16-03-2015.

c) The Agreement of Guarantee was executed by defendant on

16-03-2015.

d) Recall of the loan was made on 31-08-2016

e) The guarantee was invoked by notice dated .

13.

a. That the valuation of the suit for the purpose of jurisdiction and

payment of court fees is Rs. 7,12,134/- on which the proper court fee

of Rs. is being paid hereunder.

b. Defendant reside at C-5/31, Maha Laxmi Appartment, Rama

Vihar, Karala Delhi. 110081 carry on the business at Kh no.
51/12 rajeev nagar extn.Katayani vihar new karala road
Begumpur, Delhi 110086 within the jurisdiction of Hon‟ble Court.

c. The cause of action viz. the loaning documents were executed at

16-03-2015 within the jurisdiction of the Hon‟ble Court.

The Plaintiff declares that the subject matter of the recovery of

debt due which falls within the jurisdiction of the Court.

The Plaintiff further declares that the suit is filed within the limitation

Prescribed under the Limitation Act .

14. The Plaintiff is entitled to all the reliefs as sought for in Para 14

hereunder.

15. In view of the facts mentioned above, the Plaintiff prays for the

following reliefs.

PRAYER

a. A decree be issued against the defendant for a sum of

Rs.7,12,134/- with interest at the rate of2% p.a. with 13.75% rests as till

the date of payment.

b. The hypothecated property/goods/assets are ordered to be sold and

the proceeds be permitted to be appropriated towards the dues due

from the defendants to the Plaintiff.

 c. Costs be awarded in favour of the Plaintiff and against the

defendant.

d. Such other relief(s) as the Hon‟ble Court may deem fit and proper

in the Interest of Justice.

Dated at on the day of July 2017.

PLAINTIFF

VERIFICATION

I Gurcharan Takkar Officer/Manager, Punjab National Bank, BO:

Kanjahawala, at Delhi being the Branch Manager(Designation), Punjab

National bank BO Kanjahawala, at Delhi holding a valid Power of Attorney

from Punjab National Bank do hereby verify that the

contents of Paras 1 to 15 of the plaint are true to my own knowledge and

belief and that what is stated in the remaining Paragraphs is stated on the

basis of information, belief and legal advice obtained and I believe the same

to be true.

Dated at on the rd day of July 2017

PLAINTIFF

CERTIFICATE BY ACCOUNTANT/MANAGER

Certified that the above account is a true copy of entries in Ledger, which is

one of the ordinary books of the Bank, that such entries are made in usual

and in ordinary course of business and that such book is still in the custody

of the Bank.
Further certified that the copy of the entries is obtained by a mechanical or

other process (the process can be named), which in itself ensures the

accuracy.

Further certified that the book from which copy of entries are prepared has

been destroyed in the usual course of business after the date on which the

copy has been so prepared.

(The above further certificates in italics have to be stated in the applicable

matters).

ACCOUNTANT M A N A G E R

Certificate by Accountant/Manager

(i) “Certified that the above a/c is a printout / a copy of the printout of

entries of one of the ordinary books of the bank.

ACCOUNTANT M A N A G E R

(ii) Certified that :_________ (Give details of safeguard / or other

particulars)

Brief description of the Computer System;

Particulars of safeguards adopted to ensure that data as entered or any

other operated performed only by authorized person;

Safeguards adopted to prevent and detect unauthorized change of data;

Safeguards available to retrieve data i.e. loss due to systematic failure

or

any other reasons;

The manner in which data is transferred from the system to removable

media;

The mode of verification in order to ensure that data has been accurately

transferred to such removable media;

The mode of identification of such data storage devices;

Arrangements for storage and custody of such storage device;

Safeguards to prevent and detect any tempering with the system;

 Any other factor which will vouch for the integrity and accuracy of the

system.

PERSON IN CHARGE OF THE COMPUTER SYSTEM

(iii) Certified that, to the best of my knowledge and belief, the computer

system operated properly as on this date and I am provided with all

the relevant data and the print out/copy of the print out represents

correctly or is appropriately derived from the relevant data.

PERSON IN CHARGE OF THE COMPUTER SYSTEM

_____________________________________________________________

____________

(All the certificates mentioned above be dated and subscribed by the official

of

the Bank as prescribed with his name and official title.)

BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE (EAST),ROHINI

COURTS, DELHI.

IN RE:- CIVIL SUIT NO. _____ OF 2017

IN THE MATTER OF:

Punjab National Bank ...Plaintiff

Versus

SNEH LATA BATRA& Anr. …Defendants

APPLICATION UNDER SECTION 149 C.P.C. FOR

EXTENSION OF TIME FOR FILING OF COURT FEES
MOST RESPECTFULLY SHOWETH:

1. That the applicant is going to file the present suit in which the Court Fees

of Rs. /- is required to be filed.

2. That the applicant is applying for the Court Fees for the said amount and

undertake to file the same at the time of first hearing of the said case and

as per direction of this Hon'ble Court.

PRAYER

It is, therefore, most respectfully prayed, that the present application

may kindly be entertained and the applicant be allowed to file the Court

Fees at the time of first hearing of the case and as per direction of this

Hon'ble Court.

It is prayed accordingly.

DELHI: PLAINTIFFBANK

THROUGH

DATED:

WARIS ALI & Associates

ADVOCATES

FORM ADDRESS

BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE (EAST),ROHINI

COURTS, DELHI.

IN RE:- CIVIL SUIT NO. _____ OF 2017

IN THE MATTER OF:

Punjab National Bank ...Plaintiff

Versus
SNEH LATA BATRA& Anr. …Defendants

The address of plaintiff is as under

Punjab National Bank

CONSTITUTED UNDER BANKING COMPANIES
(ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970,
HAVING ITS HEAD OFFICE AT
7, BHIKAIJI CAMA PLACE,
NEW DELHI 110 066
AND BRANCH OFFICE AT
KANJHAWALA,
DELHI-110081. ...PLAINTIFF

DELHI. PLAINTIFF-BANK

THROUGH

DATED:

WARIS ALI & Associates

ADVOCATE
WARIS ALI
ADVOCATE Mob : 9810099243

(Enrl. No.D-2397/07) 277, Civil Wing, TIS HAZARI COURTS, DELHI-110054 E-mail :
warisali.adv@gmail.com

www.legumpro.com

Ref.No.WA/PNB/02/2017 DATED:03.01.2017

TO,

THE MANAGER,

PUNJAB NATIONAL BANK

KANJHAWALA

Delhi-110081

SUBJECT: - FILING OF FRESH SUIT OF SH. SNEH LATA BATRA A/C

.NO. 490800SL00000031
________________________________________________________________
Dear Sir,

I have drafted the plaint for the aforesaid case, on the terms of documents and
as per approval of legal opinion.

Further photocopies of the documents to be annexed with the plaint to be filed

are also enclosed herewith for better understanding of the plaint and its approval,
therefore request you to do the needful as the earlier.

Any query please do ask or discuss.

Assuring you best of my services.

Thanking You,

Yours Sincerely

WARIS ALI

ADVOCATE
 BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE (EAST),ROHINI
COURTS, DELHI.

IN RE:- CIVIL SUIT NO. _____ OF 2017

IN THE MATTER OF:

Punjab National Bank ...Plaintiff

Versus

SNEH LATA BATRA & Anr. …Defendants

INDEX

S.NO. PARTICULARS PAGES

1. APPLICATION UNDER SECTION 149 C.P.C.

FOR EXTENSION OF TIME FOR FILING OF
COURT FEES OF RS. _______/-.

2. PLAINT FOR RS. 10,00,000/- (RupeesTen

lakh Only)ALONG WITH SUPPORTING
AFFIDAVIT AND ANNEXURE A-1 & A-2.

3. LIST OF DOCUMENTS ALONGWITH

DOCUMENTS.

4. CERTIFICATE OF COST

5. ADDRESS FORM

6. VAKALATNAMA

7. SECOND SET OF THE PLAINT

DELHI PLAINTIFF-BANK

THROUGH

DATED: WARIS ALI & Associates

ADVOCATE
CH. NO. 277, CIVIL WING,
TIS HAZARI COURTS, DELHI
MOB. NO.9910221257