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10. Replication was filed by the plaintiff, in which, the plaintiff has denied that the defendant is running his shop in the name of Azil Classic (Mfrs.) & Wholesalers of Shirts. It is stated that the defendant had given his visiting card to the plaintiff, in which, his name is mentioned as Mota Khan and the name of his firm is written as Udaba Classic Shirts. Further, the plaintiff has downloaded the Instagram page of defendant, in which his Instagram ID is mentioned as mota.khan.520gym_lovers and in his whatsapp ID, his photograph is displayed as Udaba Mota Khan TR. It is further stated that the defendant had firstly approached the plaintiff in the month of December, 2021 and the plaintiff had supplied first consignment to the defendant on 14.12.2021, for which, the plaintiff has received ₹5000/-.The second bill was issued on 03.09.2022 for ₹30,357/- and the next bill was issued on 06.09.2022 for ₹10,056/- and the goods of the said bill were duly received by defendant, which were also mentioned in running ledger of the plaintiff. It is further stated that the payments qua said bills were received by plaintiff on 08.10.2022, 13.10.2022, 16.11.2022 and 23.11.2022 of ₹5000/-, ₹10,000/-, ₹10,000/- and ₹ 20,000/- respectively. Thereafter, no payment was received from the defendant. It is further stated that these bills and payments reflect that the defendant is running his business in the name of Udaba Classic Shirts. Rest of the contents of written statement have been denied.

13. Screenshots of Instagram Page, Ex.PW1/M1 Whatsapp Page, Facebook Page, to and Linked.in page of the defendant Ex.PW1/M4

14. Affidavit/ declaration as per Order Ex.PW1/N XI Rule 6 CPC filed with plaint

15. Affidavit/ declaration as per Order Ex.PW1/O XI Rule 6 CPC filed with evidence

14. PW1 has been cross-examined at length by the defendant.

However, the same is not being mentioned herein and shall be considered in subsequent paras of this judgment, while rendering findings on the issues.

21. In order to discharge the burden, the plaintiff has examined only himself as PW1 during trial, as already noted above. In his chief examination by way of affidavit (Ex.PW1/A), PW1 has categorically testified in Para no. 2 thereof that the defendant is the proprietor of M/s Udaba Classic Shirts, situated at 6193, Gali No.2, Pawan Complex, Block No.1, Dev Nagar, Karol Bagh, Delhi-110005 and is liable for day-to-day business activities of the said firm. He further deposed in Para no.6 thereof that the defendant had given his visiting card, in which, his name is mentioned as "Mota Khan" and also name of his firm as "Udaba Classic Shirts," situated at 6193, Gali No.2, Pawan Complex, Block No.1, Dev Nagar, Karol Bagh, Delhi-110005. He further deposed that he has downloaded the Instagram page, in which his Instagram id is mentioned as 'mota.khan.520gym_lovers'. He also produced Whatsapp id of defendant, in which his photograph is appearing and "Udaba Mota Khan TR" are mentioned. Further, he has also downloaded the photo from Linked.in, wherein his photograph is posted with his Linked.in id mota.khan.529gym_lovers. He has proved screenshots of Instagram Page, Whatsapp Page, Facebook Page and Linked.in Page of the defendant as Ex.PW1/M1 to Ex.PW1/M4 respectively. He has further deposed that the defendant intentionally and deliberately denied his identity and name of his firm.

28. Even during the course of final arguments, this Court had enquired from counsel of defendant as to whether picture of the person, as also IDs mentioned therein, appearing in Ex.PW1/M1 to Ex.PW1/M4, is that of defendant or of some other person, on which, counsel of defendant fairly conceded that said picture is that of the defendant only.

29. A bare perusal of said documents would clearly show that the defendant himself has disclosed his identity as "Mota Khan" on his Instagram page. He also did not dispute that said Instagram Page, Whatsapp account, Facebook account and Linked.in account do not belong to him. Besides the fact that he has mentioned his identity therein as "Mota Khan", he has mentioned the URL of his Youtube Channel as http://youtube.com/@surhabilkhanaartist5787 in his Instagram Page [Ex.PW1/M1]. Likewise, details of the defendant, as found appearing in his Whatsapp account [Ex.PW1/M2], is Udaba Mota Khan TR. Further, in his Facebook account [Ex.PW1/M3], the defendant has disclosed his identity as Mota Khan and in his Linked.in account [Ex.PW1/M4], he has disclosed his identity as Surhabil Khan.