Model Draft of Written Statement

IN THE COURT OF THE SMALL CAUSES AT ALIPUR
S.C. No. WB2269/2024
Mr. R. RAMU,
S/o. Shankar,
Aged about 33 years, Residing at No. 420/69
Alipur- 700027.
....................PLAINTIFF
-V.s.-
Mr. SAHIL G
S/o. Dushyant C,
Aged about 33 years, Residing at No. 007/96
Alipur- 700027.
..................DEFENDANT
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT TO THE
SUIT FILED BY THE PLAINTIFF.
MOST RESPECTFULLY SHOWETH: -

The Defendant above named respectfully submits as follows:
PRELIMINARY OBJECTIONS:
1. That at the outset itself, the defendant denies each and every allegations
levelled by the plaintiff against the defendant in the present suit. The
plaintiff has filed the present suit against the defendant with malefice
intentions and ulterior motive. The allegations levelled by the plaintiff in the
present suit are false and frivolous and are merely made to harass the
defendant.
2. The allegations made by plaintiff in its plaint are denied as false. The
plaintiff has not approached this Hon’ble court with clean hands. The
plaintiff has with malafide intentions concealed various material facts and
information from this Hon’ble court and only presented the facts that are
favorable to their case.
3. That the instant suit being devoid of any cause of action against the
defendant and its liable to be dismissed with punitive costs. It is submitted
that the suit is misconceived and is based on suppression and incorrect facts
and on this ground alone the suit is liable to be dismissed.
PARA WISE REPLY:

PARA 1 – The contends of the corresponding para of the plaint do not require any
reply as the same does not concern the defendants and are beyond the knowledge
of the defendant.
PARA 2 – The contends of the corresponding para of the plaint are true and
correct.
PARA 3 - The contends of the corresponding para of the plaint are true and
admitted
PARA 4 - The contends of the corresponding para of the plaint are denied as false
and plaintiff strict proof of the same. It is hereby submitted that the defendant has
paid Rs.3,17,000/- back to plaintiff on 1st March 2022 and requested the plaintiff
to extend the date of the final payment for the remaining amount. The copy of the
receipts signed from the accountant of plaintiff is annexed herewith and marked as
Annexue-D1
PARA 5 - The contends of the corresponding para of the plaint are specifically
denied as false and plaintiff is put to strict proof of the same. It is hereby submitted
that defendant has paid 3,17,000/- to plaintiff on 24th February 2023 and defendant
continuously paying the interest to plaintiff. The copy of receipts signed by the
accountant of plaintiff is annexed herewith and marked as Annexure-D2. It is
further submitted that the accountant has been authorized by the plaintiff to receive
amount on behalf of plaintiff.
PARA 6- The calculation of the corresponding para of the plaint are is not correct
and denied as false. It is hereby submitted that the defendant is entitled to set off
the amount of Rs.6,34,000/- which is paid back to plaintiff out of Principal amount
of Rs.10,00,000/- as claimed by the plaintiff in the plaint.
PARA 7- The contends of the corresponding para of the plaint are denied as false.
No cause of action aroused in favour of the plaintiff and against the defendant in
the present suit and the present suit filed by the plaintiff is liable to be dismissed
for want of cause of action
PARA 8 - The contends of the corresponding para of the plaint are denied as false.
The plaintiff is put to strict proof of the same.
PARA 9 - The contends of the corresponding para of the plaint are denied as false.
The plaintiff is put to strict proof of the same.
PARA 10 - The contends of the corresponding para of the plaint does not require
ant reply as the same is legal para regarding the court fee paid and valuation of the
suit.
PRAYER
Hence, it is most respectfully and humbly prayed that this Hon’ble court may be
pleased to:
a. Dismiss the suit filed by the plaintiff on the grounds brought out in the
written statement as the plaintiff is not entitled to any relief as claimed in the
prayer clause of the plaint.
b. Impose exemplary costs upon the plaintiff for abusing the process of this
Hon’ble court and wasting the precious time of this Hon’ble court by filling
the present frivolous litigation.
c. Award the costs of the present case in favour of the defendant.
d. Any other or further order which this Hon’ble court may deem fit in the
interest of justice and equity.
VERIFICATION
I, Sri Sahil G, do hereby declare that the contents of written statemen are true and
correct to the best of my knowledge and belief, and rest of the Paras are on the
basis of information and legal advice and verified on this the 21st day of March,
2024 at Alipur.
Alipur, Sahil G
Date: 21 March 2024 PLAINTIFF
AFFIDAVIT
I, Sahil G, s/o Dushyant C, aged about 33 years, Hindu by faith, rough Trade
Broker by occupation, residing at 007/96, Alipur- 700027, do hereby solemnly
affirm and state as under:
1. That I am aware of the facts and circumstances of the present matter and am
competent to affirm this Affidavit.
2. That I have read a copy of the Plaint along with the annexures attached
thereto and I verify the contents to be true and correct and nothing has been
concealed therein.
3. That the written statement and annexures attached thereto are true copies of
the original, wherever copies have been filed.
DEPONENT
Sahil G
THROUGH
DATED: 21 MARCH 2024 ADVOCATE FOR DEPONENT
PLACE: ALIPUR Deep Chakraborty

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IN THE COURT OF THE SMALL CAUSES AT ALIPUR

S.C. No. WB2269/2024

MOST RESPECTFULLY SHOWETH: -

PARA WISE REPLY:

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