July 2021

Week Duration: 24/07/2021 to 31/07/2021

Exercises on Drafting of Statement of Truth and

Affidavit of Admission and Denial of Documents

Learning objectives:

● To learn the drafting of an affidavit of admission and denial of documents.

● To understand the documents that are used in support of a party’s pleadings.

● To learn to draft statements of truth on behalf of parties.

● To understand the provision for appeal and revision against orders of

Commercial Courts.

Reference Material:

● Module 9: Commercial Courts Act, 2015

● Template for Affidavit of Admission and Denial of Documents.

● Template for Statement of Truth.

Exercise 1 : Drafting of Affidavit of Admission and Denial of

Documents

FACTUAL BACKGROUND:

1. Mr. XYZ (hereinafter called the “Plaintiff”) is the proprietor of a business

under the name and style M/s MS Subbalakshmi, at Gangadhar Street, East
Coast, Mumbai- 365789 (hereinafter called “Plaintiff Company”). The Plaintiff
is filing the suit through Mr UVW (hereinafter called the “Father”) who is the

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 father of the Plaintiff and the authorized representative of the Plaintiff
Company, who is also looking after the business of the Plaintiff along with him.

2. Mr. ABC (hereinafter called the “Defendant”) is the proprietor of Salim

Designs (hereinafter called “Defendant Company”), with the registered office
at MK Road, West Coast, Mumbai- 365789.

3. As per the orders of the Defendant from time to time, the Plaintiff had supplied
goods to the Defendant and raised invoices against the same to which the
Defendant released on account payments to the Plaintiff from time to time.
The books of accounts (of the supplied goods, the invoices, and the details of
payment) was duly maintained by the Plaintiff.

4. After reconciling the accounts of the Defendant, a sum of Rs. 5,68,390/-

(hereinafter called “Due Amount”) was found due by the Plaintiff against the
Defendant. The Plaintiff made several requests to the Defendant for the
release of the Due Amount, but the same was not paid and the Defendant
took one or the other false pretexts of scarcity of funds with them.

5. The Plaintiff sent a legal notice dated 23.09.2019 to the Defendant through
registered Speed Post but despite the service of the notice the Defendant did
not comply or reply to the same.

6. The Plaintiff on 16.11.2019 filed a plaint to pass a decree for the sum of Rs.
5,68,390/- towards outstanding dues, Rs, 3,60,345/- towards interest at the
rate of 24% per annum from the due date till the filing of the suit, and Rs
8000/- on account of the fee of the counsel besides pendente lite and future
interest att the same rate, in favour of the plaintiff.

7. The Defendant, on 02.05.2021 filed a written statement denying the

allegations by stating that the Plaintiff had made no correspondence regarding
any bills, other than the legal notice and some whatsapp messages. He also
contended that the parties were called for mediation 3 times, but the Plaintiff
had not appeared in the 1st time. The Defendant thus stated that no cause of
action had arisen and that the suit was not maintainable.

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 You are required to do the following as a part of this exercise:

A. Prepare an affidavit of admission and denial of documents on behalf of the

plaintiff.

[Hint: Go through the written statement filed by the defendant and the
documents annexed to it in order to understand the case of the defendant.
Thereafter, deny the documents/ contents/ existence of the document as per
your own case.]

B. Prepare an affidavit of admission and denial of documents on behalf of the

defendant.

[Hint: Go through the plaint filed by the plaintiff and the documents annexed to
it in order to understand the case of the plaintiff. Thereafter, deny the
documents/ contents/ existence of the document as per your own case.]

Note: Please take into consideration only those details in the document that
are to be used to draft the affidavit for admission and denial of documents.

Exercise 2 : Drafting of Statement of Truth and Other Concepts.

A. Based on the plaint and the Written statement in the above case, you are
required to:

● Draft a Statement of truth on behalf of the Plaintiff, and

● Draft a Statement of truth on behalf of the Defendant.

[3*2=6 marks]

B. Disputes of commercial nature, though, are regulated by the Civil Procedure

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under applicable law.
 Code, 1908 to a large extent, have their own provisions when it comes to
appeal/revision against an order/decree passed by the courts established
under the Commercial Courts Act, 2015. Discuss and elaborate on the
relevant provisions.

[4 marks]

GIG Exercise

You are required to review the judgement as pronounced by the Supreme

Court in M/s SCG Contracts India Pvt. Ltd. V/s. K.S. Chamankar Infrastructure
Pvt. Ltd. & Ors. (Civil Appeal No. 1638 of 2019 arising out of S.L.P (C) No.
103/2019) as to the time limit to file a written statement in a commercial suit
and whether such time limit can be extended.

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Mukherjee, Abhyuday Agarwal, Komal Shah, Yash Vijayvargiya, Anisha
Agarwal, Radhalakshmi Radhakrishnan and Mayank Sapra for a better reach.

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under applicable law.