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IN THE HIGH COURT OF DELHI AT NEW DELHI

(ORDINARY ORIGINAL CIVIL JURISDICTION)


C.S. (COMM.) NO.
___________ OF 2016
Code No.
36017
Ms.
Plaintiff

Nutan

Batra

Versus
1.

M/s Buniyaad Associates

2.
Mr. Anil Taneja
Defendants

STATEMENT OF TRUTH
I, Ms. Nutan Batra, w/o Prithvi Raj Batra, aged 55 years, R/402,
Sector 15-A, Noida - 201301, do hereby solemnly affirm and
declare as under:
1. That I am the sole proprietor of the Plaintiff Company in
the above noted matter, conversant with facts of the
case and as such competent to swear this affidavit.
2. I have read the contents of the accompanying Plaint and
am fully conversant with the facts of the case and have
also examined all relevant documents and records in
relation thereto.
3. I say that the paragraphs 1 to 21 of the above plaint are
true to my knowledge derived from the official records.
The contents of paragraphs 22 to 28 are based on legal
advice received by me and believed to be true. The last
paragraph is the Prayer before this Honble Court.
4. I say that there is no false statement or concealment of
any material fact, document or record and I have
included information that is according to me, relevant for
the present suit.
5. I say that all documents in the power, possession, control
or custody of the Plaintiff, pertaining to the facts and

circumstances of the proceedings initiated by the Plaintiff


have been disclosed and copies thereof annexed in the
plaint, and that the Plaintiff does not have any other
documents in their power, possession, control and
custody.
6. I say that the above mentioned plaint comprises of a
total of 28 pages, each of which has been signed by me.
7. I state that the Annexures hereto are true copies of the
documents referred to and relied upon by the Plaintiff.
8. I say that I am aware of that for any false statement or
concealment, I shall be liable for action against me under
the law.

DEPONENT
VERIFICATION:

Verified at New Delhi on this ________ day of October, 2016 that


the contents of above affidavit are true and correct to the best
of my knowledge and belief. No part of the affidavit is false
and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI


(ORDINARY ORIGINAL CIVIL JURISDICTION)
C.S. (COMM.) NO.
___________ OF 2016
Code No.
36017
Ms.
Plaintiff

Nutan

Batra

Versus
1.

M/s Buniyaad Associates

2.
Mr. Anil Taneja
Defendants

AFFIDAVIT OF THE PLAINTIFF UNDER ORDER XI


RULE
OF
THE
COMMERCIAL
COURTS,
COMMERCIAL
DIVISION
AND
COMMERCIAL
APPELLATE
DIVISION
OF
HIGH
COURTS
ORDINANCE, 2015
I, Ms. Nutan Batra, w/o Prithvi Raj Batra, aged 55 years, R/402,
Sector 15-A, Noida - 201301, do hereby solemnly affirm and
declare as under:
1. That I am the sole proprietor of the Plaintiff Company in
the above noted matter, conversant with facts of the
case and as such competent to swear this affidavit.
2. That the present suit is being filed by the Plaintiff against
the Defendants for the suit for permanent injunction
restraining violation and infringement of rights in the
trade mark of BUNIYAAD ASSOCIATES, passing off and
dilution,

infringement

misrepresentation

and

of
fraud,

copyright,

delivery-up,

damages/rendition

of

accounts, etc. and the same is pending adjudication


before this Honble Court.
3. I say and submit that the Printouts

of the following

documents, are being filed in support of the instant suit:


a) Internet Printouts from the Trademark website
www.ipindiaonline.gov.in

filed

with

the

list

of

documents. That the said printouts was taken out

on

22.08.16

from

the

URL

http://ipindiaonline.gov.in/tmrpublicsearch/tmsearc
h.aspx?tn=44750680&st=Wordmark
b) Internet Printouts from the Trademark website
www.ipindiaonline.gov.in

filed

with

the

list

of

documents. That the said printouts was taken out


on

22.08.16

from

the

URL

http://ipindiaonline.gov.in/tmrpublicsearch/tmsearc
h.aspx?tn=44750898&st=Wordmark
4. The printouts of the said webpage produced are accurate
and their contents have not been altered in any manner
whatsoever. The computer output documents are an
exact replica of the information contained in the said
webpage of the printouts have been taken. I say that the
computer which was used to take the printout from the
website was not malfunctioning at the time of taking
prints.
5. I say and submit that the copies of the following
documents are being filed in support of the instant suit:
a) Copy of the Deed of Dissolution along with Income Tax
Returns,

Insurance

Policies

and

statement

of

commission
b) Copy of the Trademark Certificates
c) Copy of the Copyright Certificate
d) Copy of the Trademark License Agreement along with
the ISO Certificates
e) Copies

of

the

advertisements

in

newspapers,

directories and photographs hoardings along with the


invoice of the hoardings
f) Copies of the certificates
g) Copy of the orders passed by this Honble Court and
legal notices
h) Copy of the electronic search
i) Photographs of the building where the Defendants
have opened their office

j) Copy of the Legal Notice sent to the Defendants along


with the reply of Defendants
6. I state that the afore-mentioned documents are an exact
replica of the original documents and the same are liable
to be taken on record for the purpose of admission/denial
of the documents. I say that the computer which was
used to take the printout from the website was not
malfunctioning at the time of taking prints.

DEPONENT
VERIFICATION:

Verified at New Delhi on this ________ day of October, 2016 that


the contents of above affidavit are true and correct to the best
of my knowledge and belief. No part of the affidavit is false
and nothing material has been concealed therefrom.

DEPONENT