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4). Replication to the written statement of defendant filed. In the replication, the plaintiff reiterated the facts as mentioned in the plaint.

5). In the present matter, Shri Mahender Mohan Kohli examined himself as PW1. He tendered his evidence by way of affidavit. The same is ExtPW1/A which bears his signature at point A and B. PW1, had deposed the facts, in the Affidavit, as stated by him in his plaint. He relied upon the documents i.e. ExtPW1/1 to ExtPW1/11. This witness was cross-examined on behalf of the defendant. In his cross-examination, this witness denied that he is not competent to file the present suit. He denied that Form-32, filed by him on record is a procured document from the office of ROC. He denied that his brother, Vijay Mohan Kohli had never resigned as a Director from the Company. He further deposed that, he was aware that in the inter-pleader suit filed by the defendant against the company, there was an order of the court, directing the defendant to deposit the charges, at the rate of Rs.4125/- per month. He further denied that his present suit is false and he has concealed the fact of his application filed by him in the inter-pleader suit. He denied that the defendant had handed over to him the premises in January, 2002, but there was a conversation to this effect but it was never materialized.