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65B Petition

Section 65B of Indian Evidence Act

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0% found this document useful (0 votes)
22 views5 pages

65B Petition

Section 65B of Indian Evidence Act

Uploaded by

pragathi
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
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IN THE COURT OF HON’BLE CHIEF JUDGE COURT, CITY CIVIL


COURT; AT :: HYDERABAD
I.A NO OF 2023
IN
O.S No. 221 OF 2020

Between:

M/s. DP Chocolates … PETITIONER/ PLAINTIFF

AND

M/s. Vivek Associates .…RESPONDENT/DEFENDANT

AFFIDAVIT

I, P.V.Shyam S/o.P.P.Viswambhara Aged about 52 years Occ: Sales and Marketing


Manger in Plaintiff Company R/o. Hyderabad, do hereby solemnly affirm on oath
and state as follows:

1. I submit that I am the SPA holder of the Petitioner Company and as such
well acquainted with the facts of the case hence I am able to depose as
hereunder.

2. I submit that the Petitioner Firm filed the main suit against the Respondent
for recovery of a sum of Rs.56,29,142/- (Rupees Fifty Six Lakhs Twenty
Nine Thousand One Hundred and Forty Two Only). During the course of
its business, Defendant approached Plaintiff for purchase of food products
manufactured by Plaintiff. Accordingly upon receiving purchase orders
from Defendant, the Plaintiff supplied goods under various invoices. The
amount was due and payable by the Defendant within 8 days from the date
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of invoice. As per the business norms of the Plaintiff, a running account


was maintained in the name of the Defendant thereby recording the
transactions from time to time in the account books of the Plaintiff.

3. I state that above suit is now posted for evidence of Plaintiff. I state that at
the time of filing of the suit I have filed statement of running account of
the Respondent along with one email dated 25.7.2018 evidencing the
requests made by Plaintiff company.

4. I state that the statement of running account of the Respondent was


maintained in our office computers and the same are exact verbatim of the
accounts, transactions between the Plaintiff company and the Respondent.
I state that there was no tampering of the said accounts and are direct
extracts from the computers of our office maintained in our day to day
business.

5. I state that the email dated 25.07.2018 was sent from our official email id
_______ used by the staff for all official communicaions and was
addressed to the email id of Respondent i.e ____________ which was
provided to us for communication. I state that said email id direct verbatim
of the contents are there is no tampering of the same. Therefore, I seek the
indugence of this hon’ble Court to consider the said statement of running
account and email as electronic evidence as the same is essential to prove
Plaintiff’s claim. No prejudice or whatsoever will ebe caused to the
Respondent if this petition is allowed, failing which Plaintiff will ve put
through irreparable loss and gardship.
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Therefore it is just and necessary that this Hon’ble Court may be pleased to
mark the statement of running account of the Respondent for the period from ____
to ______ and email dated 25.07.2018 as electronic evidence in the above case and
further be pleased to pass such other order/s as this Hon’ble Court deems fit and
proper in the circumstances of the case in the interest of justice.

Sworn and signed before me on


this the day of January 2023 DEPONENT
at Hyderabad.

ADVOCATE
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IN THE COURT OF HON’BLE CHIEF JUDGE COURT, CITY CIVIL


COURT; AT :: HYDERABAD
I.A NO OF 2023
IN
O.S No. 221 OF 2020

Between:

M/s. DP Chocolates
(Formerly Knows as M & M Chocolates)
having its registered office at 8-3, 945,
304, Pancom Business Center,
Ameerpet, Hyderabad-73
Represented by its Special Power
of Attorney holder Mr.P.V.Shym
S/o P.P.Viswambharam, age 52
Years,R/o Hyderabad. ....Petitioner/ Plaintiff
AND

M/s. Vivek Associates,


Having office at 1, Nazir Lane, Kolkata
West Bangal-700023
Represented by its representative ..Respondent/Defendant

PETITION FILED UNDER SECTION 65B OF INDIAN EVIDENCE ACT


READ WITH SECTION 151 OF CIVIL PROCEDURE CODE

For the reasons disclosed in the accompanying affidavit it is prayed that this
Hon’ble Court may be pleased mark the statement of running account of the
Respondent for the period from ____ to ______ and email dated 25.07.2018 as
electronic evidence in the above case and further be pleased to pass such other
order/s as this Hon’ble Court deems fit and proper in the circumstances of the case
in the interest of justice.

Date :
5

Place : Hyderabad COUNSEL FOR PETITIONER/PLAINTIFF


IN THE COURT OF HON’BLE
CHIEF JUDGE COURT, CITY
CIVIL COURT AT
HYDERABAD
I.A No of 2022
in
O.S No. 221 of 2020

Between

D.P.Chocolates

… Petitoner/Plaintiff
And

Vivek Associates

…Respondent/Defendant

PETITION FILED UNDER


SECTION 65B OF INDIAN
EVIDENCE ACT WITH
SECTION 151 OF CIVIL
PROCEDURE CODE

Filed on :
Filed by : Counsel for Petitioner/Plaintiff

Address for Service:


B. Ravi Shankar
Pragathi Mandapalle
Advocates.
305C, Pancom Business Center,
Ameerpet X Road, Hyderabad-73
[email protected]
9849131453

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