IN THE I ADDL.

SENIOR CIVIL JUDGE, AT

BENGALURU RURAL

O.S. No. 499/2021

BETWEEN:
SHASHIDHARA C M …PLAINTIFF

AND:

SIDDAPPA AND OTHERS …DEFENDANTS

CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE

ACT 1872

I, Shashidhara C.M S/o. Muniraja, aged about 36 years, permanent

resident of Chikapura, Madanahatti, Malur Taluk and presently
residing at No. 636, 4th Cross, Munivenkatappa Layout, Bengaluru-
560 047, do hereby solemnly affirm and state on oath as follows: -

1. I State that I am the Plaintiff and I well conversant with the facts
and circumstances in the above case.

2. I state the Defendants have represented to the Plaintiff that

client they are the absolute owners of the agricultural land bearing Sy.
No. 66/9, New Sy. No. 66/14, measuring 11 Guntas situated at
Vittasandra Village, Begur Hobli, Bengaluru South Taluk and that the
same was acquired by all of them by virtue of a Compromise Decree
dated. 17.02.2006 in O.S. NO. 1185/2006 on the file of 2 nd Addl.
Senior Civil Judge at Bengaluru and that also from the date of said
decree they were in possession and enjoyment of the same.

3. I state that, the Defendants have represented to him that the

katha of the said land stands in their name and that they have been
paying the up to dated taxes thereof and that the said property was
free from encumbrances and that there was no impediment of any
kind in law, to sell or transfer the same.

4. I further state that, the sale consideration was fixed at Rs.

25,00,000/- (Rupees Twenty Five Lakhs Only) and in pursuance of the
terms and conditions agreed upon, I have paid the Defendants a sum
of Rs. 20,00,000/- (Rupees Twenty Thousand Only) by way of cash
and an agreement of sale came to be entered into between the
Defendants herein and Plaintiff. The said agreement of Sale came to be
registered on 29.09.2014 in the presence of the Witnesses to the said
Agreement as Document No. BTM-1-04265-2014-15 of Book I, Stored
in C.D. No. BTMD74, in the office of the Sub Registrar, Jayanagar
(BTM Layout) Bengaluru.

5. I further submits, that I have produced electric records within

the meaning of Section 65B of the Indian Evidence Act 1872 in the
above case, substantiate the Income Tax Returns filed for the
assessment year 2019-20 along with Acknowledgment bearing No.
95022523290819 for the assessment year 2019-20 made with Plaintiff
in regards to the contention taken by us.

6. I further submits that the Income Tax Returns filed for the
assessment year 2019-20 along with Acknowledgment bearing No.
95022523290819 for the assessment year 2019-20 are the computer
generated documents from personal login provided in the website of
Income Tax Department vide https://eportal.incometax.gov.in
/iec/foservices/#/login maintained by the plaintiff. Since these are
the computer generated documents downloaded from the personal
login from the above stated websites. Hence these documents are
treated as original as per the evidence act. Hence this application.

7. I states that the said Income Tax Returns filed for the
assessment year 2019-20 along with Acknowledgment bearing No.
95022523290819 for the assessment year 2019-20 are the printout
taken from the computer.

8. I further submits that the said documents are produced as

documents are in terms of the Information Technology Act. 2000.

9. I further states that this Hon’ble Court may kindly be permit to

the plaintiff to produce afore said documents to mark as a exhibits in
the above suit.

10. I further states that documents are Income Tax Returns filed for
the assessment year 2019-20 along with Acknowledgment bearing No.
95022523290819 for the assessment year 2019-20 being taken from
the personal login into website and personal computer in the ordinary
course of activities and the said personal login into website and
personal computer are been operating properly.

11. I states that above documents being an electronic documents

have been certified by me under Section 65 B of the Indian Evidence
Act 1872 and it may be marked as evidence in the above case.

12. I further states that if the above certificate is not allowed I will be
put to great hardship and irreparable loss on the other hand no
hardship caused to the other said.
Wherefore, it is most humbly prays this Hon’ble court may pleased to
plaintiff to produce afore said documents for mark as a exhibits in the
above suit. And allow this accompanying application and permit to
lead the Plaintiff Evidence for marking of Documents as prayed for
annexed application, in the interest of justice and equity.

Identified by me:

Advocate DEPONENT

Bengaluru
Date: 11.08.2023
 IN THE I ADDL.SENIOR CIVIL JUDGE, AT

BENGALURU RURAL

O.S. No. 499/2021

BETWEEN:
SHASHIDHARA C M …PLAINTIFF

AND:

SIDDAPPA AND OTHERS …DEFENDANTS

APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL

PROCEDURE

That for the reasons sworn to in the accompanying affidavit, the

Plaintiff above named respectfully prays that, this Hon’ble Court be
pleased to consider all the Income Tax Returns filed for the
assessment year 2019-20 along with Acknowledgment bearing No.
95022523290819 for the assessment year 2019-20 as original
documents, produced by the Plaintiff in the above case, in the interest
of justice and equity.

BENGALURU.
DATE:11.08.2023 Advocate for Plaintiff
 IN THE I ADDL.SENIOR CIVIL JUDGE, AT

BENGALURU RURAL

O.S. No. 499/2021

BETWEEN:
SHASHIDHARA C M …PLAINTIFF

AND:
SIDDAPPA AND OTHERS …DEFENDANTS

AFFIDAVIT

I, Shashidhara C.M S/o. Muniraja, aged about 36 years, permanent

resident of Chikapura, Madanahatti, Malur Taluk and presently
residing at No. 636, 4th Cross, Munivenkatappa Layout, Bengaluru-
560 047, do hereby solemnly affirm and state on oath as follows: -

1. I State that I am the Plaintiff and I well conversant with the facts
and circumstances in the above case.

2. I state the Defendant is a Company which was incorporated in

the year 1995 and registered under Companies Act, 1956. I State that,
the Defendant is engaged in the business of electrical engineering and
contracting service and they have been successfully spread over
diverse sectors in India and other countries. For almost two decades,
the defendant has been carrying out business activities with the
Plaintiff Company on credit basis. Since day one of their business
relation, the Defendant had been clearing all the invoices diligently
and regularly.
3. I state that, on supplying the goods to the Defendant, the
Plaintiff failed to issue Manufacturing Certificate. Subsequent to
receiving the supplies, the Defendant has made several email
correspondences/ calls requesting the Plaintiff to issue manufacturer
certificate. However, the Plaintiff failed to provide the same and in the
absence of manufacturer origin certificate, the Defendant had faced
huge difficulty in erecting the products at its customers project. As a
consequence, the customers of the Defendant were not ready to
approve to erect the Plaintiff supplied products at their project sites
and as such the goods supplied by the Plaintiff were not been utilized
or put to any use and the same are with the Defendant as on today.
On the account of the same, the Defendant couldn’t realize the
materials and was put through a financial crunch. The Defendant
notified the Plaintiff about the said difficulty, the Plaintiff without
considering the said fact sought the Defendant to clear the invoice
amount of Rs. 43,23,149/-.

4. I state that we got good case on merits, we will be succeed in the

matter, the recalling application is bonafide and not intentional. If the
above application is not allowed the plaintiff will be put to great
hardship and inconvenience would be caused and no hardship or
inconvenience would be caused to the defendant.

Wherefore, it is humbly prayed that this Hon’ble Court be

pleased to recall the order dated 16.02.2023 and permit me to lead
further evidence of defendant, in the interest of justice and equity.
Identified by
Advocate DEPONENT
Bengaluru
Date:07.08.2023