Proof Affidavit Before The Debt Recovery Tribunal - Legal Draft

Precedent No. 45

PROOF AFFIDAVIT: BEFORE THE DEBT RECOVERY TRIBUNAL

BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL

At

O.A. No of 20

Applicant:

Vs.

Respondent:

PROOF-AFFIDAVIT

I , Senior Manager of W/o ,

aged about years, now residing in , do

hereby solemnly affirm and declare as under:—

1. I am the Senior Manager of , the applicant in the

Application referred to above. I am well conversant with the facts and

circumstances of the case and stand competent and duly authorised to

swear to this affidavit.

1. The respondent is the proprietor of the sole proprietorship firm by

the

name of , carrying on the business of sale and manufacture

of ball bearings.

1. On , the respondent took a loan of Rs

from the applicant bank for the purpose of expanding his aforesaid

business. Shri and Shri stood guarantee for the

loan and the respondent also deposited his title deeds of his property

and created equitable mortgage over the aforesaid property in favour of

the applicant bank as collateral security for the financial facility to

the respondent.

1. The respondent defaulted in payment and the applicant bank went

ahead

to file an application OA. No of, 20 before the Hon'ble

Tribunal for the recovery of the aforesaid amount alongwith

the future interest at the rate of from the respondent.

1. For the sake of brevity, the contents of the Original

Application may be treated as part of this affidavit.

1. In view of the abovementioned circumstances, it is just and

necessary that this Hon'ble Tribunal may be pleased to pass an order for

recovery of

an amount of Rs with interest at the rate of ,

from the date of application referred to above alongwith costs.

SdJ Deponent.

Verification

Verified at on this the day of , 20 ,

that the contents of the above affidavit are true and correct to the

best of my knowledge, belief and information and nothing material has

been concealed therefrom.

SdJ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

SdJ

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer should be avoided from affidavit.