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RAO   14 September 2018

Filing the written statement without suit documents

My previous employer filed  money recovery suit alleging that I have misappropriated 2.50 crores during my service.  In support of their claim they produced a ledger copy for Rs.250 Lakhs  and payment vouchers for Rs. 12 Lakhs.  Now I need to file the written statement.  I would like to know the following.

1.Can I prey the court directing the plaintiff to provide complete payment vouchers for Rs.250 Lakhs to enable me to file the written statement.  If so what is the procedure whether I need to file the memo or IA. Or

2.I have to file the written statement based on the documents available on record.

Please clarify.

RAO

 

 



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 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     14 September 2018

Assuming you have not misappropriated above amount deny every thing on plaintiff claim.Latter on they will file evidence then you may obtain copies.
1 Like

TGK REDDI   15 September 2018

Yes.      Shri Deepak Joshi is right.

It's, in fact, the duty of the Plaintiff to produce all the documents along with the Plaint.    But Court has the discretion to accept documents at a later stage.

If plaintiff doesn't file relevant documents, the Defendant may urge the Court to call for them.

Now you're going to file Written Statement.      You must file all documents you want to rely on along with Written Statement with a prayer to allow you to produce further documents susequently.

N.K.Assumi (Advocate)     15 September 2018

If the Plaintiff wishes the court to believe certain fact, it is his duty to satisfy the court that certain relevant fact exist, and it is not your duty to prove your innocence. If the Plaintiff produce half-baked half-truth, all you need is a pinch of fact with a liter of plagiarism during the trial to demolished the plaintiff's wannabe.
1 Like

G.L.N. Prasad (Retired employee.)     15 September 2018

The main issue involved is not total amount and issue is whether you have misappropriated the amount or not.  Generally no  employer invents such amount not misappropriated, as 2.50crores is a very large amount, and the employer might have discussed with his Chartered Accountant and also Advocate before filing the suit.  The records produced by employer must also have been audited, and only as per inquiry / audit report the amount should have been finalized.

You are aware of the truth and an entry in audited records is authentic.  They might have kept some documents for cross examination, and depending on your written statement, they may use additional documents as surprise during cross examination.

If you wish to file written statement, amount is not necessary and you have to flatly deny misappropriation in toto in your written statement, and it is left to them to establish that exact amount. As you will be entrusting this case to your advocate, he may prepare such statement as suitable for your purpose and be certain that there is no escape from you from the charges.


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