Kris Infra Limited (Referred as 'Kris Infra'), a large construction company engaged in commercial real estate development, entered into a comprehensive construction agreement with Sunder Lal Builders Private Limited (Ref

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2026
Kris Infra Limited (Referred as 'Kris Infra'), a large construction company engaged in commercial real estate development, entered into a comprehensive construction agreement with Sunder Lal Builders Private Limited (Referred as 'Sunder Lal Builders') for design and development of a multistorey commercial complex in Bengaluru. The agreement stipulated specific timelines for completion of various phases of the project along with detailed payment milestones. During the course of execution of the project, disputes arose between the parties regarding delays in construction and alleged deviations from agreed project specifications. Kris Infra alleged that Sunder Lal Builders failed to meet the contractual deadlines and did not adhere to the technical standards specified in the contract. On this basis, Kris Infra terminated the contract and withheld payments amounting to ₹ 20 Crore. Aggrieved by the termination and non-payment, Sunder Lal Builders instituted a civil suit before the competent Civil Court seeking recovery of the outstanding amount along with damages for wrongful termination of the contract. In response, Kris Infra denied the allegations and contended that the termination was justified due to breach of contractual obligations and substantial delay attributable to Sunder Lal Builders. The Court directed both parties to file their pleadings and supporting affidavit-in-evidence in order to determine the issues involved in the dispute. As a Company Secretary of Kris Infra Limited draft an affidavit-in-evidence to be submitted before the court.

Answer & Explanation:

Draft Affidavit-in-Evidence IN THE COURT OF ________ AT BENGALURU Civil Suit No. ____ of 20__ Sunder Lal Builders Pvt. Ltd. ...Plaintiff Versus Kris Infra Limited ...Defendant AFFIDAVIT-IN-EVIDENCE ON BEHALF OF THE DEFENDANT I, ________ S/o ________, aged about ____ years, working as ________ in Kris Infra Limited, having its registered office at ________, do hereby solemnly affirm and state as under: 1. Deponent I am the authorized representative of the Defendant Company and am well acquainted with the facts of the present case and competent to swear this affidavit. 2. Agreement The Defendant entered into a construction agreement dated ____ with the Plaintiff for development of a multi-storey commercial complex at Bengaluru. 3. Contractual Obligations As per the agreement, the Plaintiff was required to complete the project within stipulated timelines and adhere to prescribed technical specifications. 4. Delay in Construction The Plaintiff failed to complete the project within the agreed timelines and caused substantial delay. 5. Deviation from Specifications The Plaintiff did not adhere to the agreed specifications and compromised quality standards. 6. Notices The Defendant issued several notices requesting the Plaintiff to rectify defects and adhere to contractual obligations, but no effective action was taken. 7. Termination Due to continuous breaches and delay, the Defendant lawfully terminated the contract as per agreed terms. 8. Withholding Payment The Defendant withheld ₹ 20 crore as the Plaintiff failed to satisfactorily perform its obligations and caused losses. 9. Denial The Plaintiff's claims are denied as false and baseless. The termination was justified. 10. Documents The Defendant relies on: Construction Agreement (Annexure A) Correspondence and Notices (Annexure B series) Inspection Reports (Annexure C series) VERIFICATION I, the above-named deponent, verify that the contents of paragraphs 1 to 10 are true to my knowledge and belief and nothing material has been concealed. Verified at Bengaluru on this ____ day of ____, 20__. DEPONENT ATTESTATION Sworn before me on this ____ day of ____ 20__ at Bengaluru. (Signature & Seal of Notary/Oath Commissioner)

Topics: Pleadings

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