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Ws Brief

The document is a written statement on behalf of a defendant in a commercial suit filed in the Bombay City Civil Court. The defendant denies the plaintiff's claims, asserting that the suit lacks merit and that the defendant acted only in their capacity as a bank employee, thus not incurring personal liability. Additionally, the defendant argues that the suit should be dismissed due to procedural deficiencies, including the absence of a mandated statement of truth and failure to provide a list of relevant documents.

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Aishwarya Mehta
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34 views6 pages

Ws Brief

The document is a written statement on behalf of a defendant in a commercial suit filed in the Bombay City Civil Court. The defendant denies the plaintiff's claims, asserting that the suit lacks merit and that the defendant acted only in their capacity as a bank employee, thus not incurring personal liability. Additionally, the defendant argues that the suit should be dismissed due to procedural deficiencies, including the absence of a mandated statement of truth and failure to provide a list of relevant documents.

Uploaded by

Aishwarya Mehta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

COMMERCIAL SUIT NO.___OF ____

M/s. )

… Plaintiff

Versus

`1
)

`2
)

`3
... Defendants

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

1. The present suit as filed by the Plaintiff inter alia, seeking

a decree of a sum of (p.a. from and up to the date of

default till realisation against this Defendant is completely

devoid of merits. The suit as filed or otherwise

purportedly seeks to enforce the alleged claim which to the

knowledge of the Plaintiff does not lie and/or can be

sustained against this Defendant. For the reasons more

particularly set out in the present written statement, the

Plaintiff is not entitled to a decree against this Defendant

as this Defendant was an employee of the Bank and not

acted in any personal capacity or in a manner that would

give rise to any independent liability.

2. At the outset, this Defendant denies each and every

allegation, submission, averment, contention and/or

`4
insinuation contained in the plaint that is contrary to and/or

inconsistent with what is stated herein. Nothing stated in

the plaint shall be deemed to be admitted by this

Defendant for want of traverse or otherwise.

3. The present Commercial Suit filed under the Commercial

Courts Act, 2015 by the Plaintiff is required to be

dismissed for the following reasons:

a. The suit does not contain the mandated statement of

truth with all details filled in which is compulsory as

per the provisions of the Commercial Courts Act, 2015;

b. The Plaintiff has failed to file the list of documents as

mandated under Order 11 of the Code of Civil

Procedure, 1908 which denotes the documents which

are in originals and whether in the power, possession,

control or custody of the Plaintiff and if they are

originals, office copies or photocopies and the list shall

also set out in brief the details of the parties to each

`5
document, mod of execution, issuance of receipt and

lying of custody of each document.

`6

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