Document Fragment View

Matching Fragments

  SNO.                   DOCUMENT(S)                       EXHIBITED AS
    1.    Board Resolution dated 07.09.2021 in favour of    EX. PW1/1
          Sh. Sudhir Singhal
    2.    Board Resolution dated 19.09.2023                  EX.PW1/2
    3.    Computer generated invoice & e-way bill dated     Ex. PW1/3A
          08.04.2019
    4.    Computer generated invoice & e-way bill dated     Ex. PW1/3B
          15.05.2019
    5.    Computer generated invoice & e-way bill dated     Ex. PW1/3C
          29.05.2019
    6.    Computer generated invoice & e-way bill dated     Ex. PW1/3D
          04.06.2019
    7.    Computer generated invoice & e-way bill dated     Ex. PW1/3E
          15.06.2019
    8.    Computer generated invoice & e-way bill dated     Ex. PW1/3F
          19.06.2019
    9.    Computer generated invoice & e-way bill dated     Ex. PW1/3G
          04.07.2019
   10.    Computer generated invoice & e-way bill dated     Ex. PW1/3H
          10.07.2019
   11     Computer generated invoice & e-way bill dated     Ex. PW1/3I
          18.07.2019
   12.    Computer generated invoice & e-way bill dated     Ex. PW1/3J
          23.07.2019
   13.    Computer generated invoice & e-way bill dated     Ex. PW1/3K
          31.07.2019
14. Computer generated invoice & e-way bill dated Ex. PW1/3L and 09.08.2019 and corresponding transport receipt Ex. PW4/A
15. Computer generated invoice & e-way bill dated Ex. PW1/3M and 13.08.2019 and corresponding transport receipt Ex. PW4/B
16. Computer generated invoice & e-way bill dated Ex.PW1/3N and 31.08.2019 and corresponding transport receipt Ex. PW4/C
17. Computer generated invoice & e-way bill dated Ex.PW1/3O and 07.09.2019 and corresponding transport receipt Ex. PW4/D
18. Computer generated invoice & e-way bill dated Ex. PW1/3P 09.04.2021 Digitally PREETI signed by CS (Comm) No.598/2023 Page 8 of 37 AGRAWAL PREETI GUPTA AGRAWAL GUPTA

10.5 The appreciation of evidence reveals that the plaintiff has examined three witnesses in order to support the alleged supply of goods by the plaintiff upon the defendant. The computer generated invoices with supporting e-way bills of even date with the first date of the invoice and e-way bill dated 08.04.2019 has been tendered as Ex. PW1/3A and the last computer generated invoice and e-way bill dated 06.05.2021 has been tendered as Ex. PW1/3Q. In all, there are 17 invoices between the period 08.04.2019 to 06.05.2021 with corresponding e-way bills, collectively relied upon vide Ex. PW1/3 to Ex. PW1/3Q with each successive invoice and e-way bill, duly tendered on record as Ex. PW1/3A, Ex. PW1/3B and so on till the last invoice relied upon as Ex. PW1/3Q. During cross-examination of PW1, who is the Authorised Representative of plaintiff company, by way of Board Resolution (Ex. PW1/2) in favour of the deposing witness, the witness was confronted with the invoices (Ex. PW1/3A to Ex. PW1/3Q) to admit that the invoices did not have any signatures of the CS (Comm) No.598/2023 Page 17 of 37 PREETI Digitally signed by AGRAWAL PREETI GUPTA AGRAWAL GUPTA receiver and also that there were no such signatures in the bills of exchange / transport bilties (Ex. PW1/4A to Ex. PW1/4D). However, PW1 categorically denied that the defendant did not receive any goods against the invoices or that the invoices and bilties were forged or fabricated.