IN THE COURT OF LD. DISTRICT JUDGE, COMMERCIAL COURT, KARKARDOOMA COURTS, DELHI

                   COMMERCIAL SUIT NO.   Of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:-

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX                                                           ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR XXXXX                  … DEFENDANT

INDEX

Delhi                                                                    PLAINTIFF

Date                         Through,         

 COUNSEL

      XXXXX & ASSOCIATES

              Office no.  XXXXXXXXXX   

                     Mob. XXXXXX

                                                                    Email- XXXXXXXXXXX

IN THE COURT OF COMMERCIAL COURT,  KARKARDOOMA COURTS, SHAHDARA, DELHI

Commercial   Suit No.            of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX                                                           ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR XXXXX                     …DEFENDANT

MEMO OF PARTIES

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX

HAVING REGISTERED OFFICE AT:-

XXXXXXXXXXXXX                                                    ... PLAINTIFF

VERSUS

XXXXX

THROUGH AUTHORIZED PERSON XXXXX

AT ; XXXXXXXXXX 

         MOB: XXXXXX                                               …DEFENDANT NO. 1

1. XXXXX

AUTHORIZED PERSON OF

         XXXXX

AT ; XXXXXXX

         MOB: XXXXXX                                          …DEFENDANT NO. 2

Delhi                                                                              Plaintiff

Date                          Through         

COUNSEL

      XXXXX & ASSOCIATES

  Office no.-XXXXXX

                                   Mob. XXXXXX

                                                                            Email- XXXXXX

IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI

Commercial  Suit No.             of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

XXXXXX

THROUGH IT’S PROPRIETOR

XXXXXX                                                        ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR XXXXX                      …DEFENDANT

COMMERCIAL CIVIL SUIT U/O XXXVII OF CODE OF CIVIL PROCEDURE,1908 FOR RECOVERY OF RS. XXXX (RS. XXXXXXX) PENDENTLITE  AND FUTURE INTEREST

MOST RESPECTFULLY SUBMITS:-

1     That plaintiff is a duly registered Proprietorship firm and has been dealing in the business of denim jeans fabric etc. XXXX is sole owner of the business, he is competent and authorized to sign, verify, file, adduce evidence, to appear and make statement, even otherwise he is fully conversant with the facts & circumstances of the case. Copy of Registration Certificate of Plaintiff is being filed.

2     Defendant is proprietorship firm and is doing business of denim jeans fabrics etc. having its offices/site offices as mentioned in the cause title.

3     That plaintiff has supplied various materials/denim jeans fabrics etc. to the Defendant time to time at XXXXXXXX as per its requirement. The Plaintiff raised various invoices and maintained the accounts as per supplying of materials at XXXXXXXX True Copies of invoices, computer generated Ledger account along with Certificate u/s 65 B of Indian Evidence Act are being filed.

4     That presently as per the books of the accounts of the plaintiffs firm a sum of Rs. XXXX (Rs. XXXXX only) is due and payable by the defendant towards the various transactions/supply, Duly Certified True Copy of consolidated Ledger Account is being filed.

5     That the plaintiff supplied the materials to defendant at   XXXXXX. 

6     Again goods were delivered to you the noticee and the details are following:- Invoice No. XX, Invoice Date: XXXX, and the goods were delivered to to “XXXXX” situated at XXXXX

The receipt of materials and invoices were duly acknowledged by the defendant/its staff etc., Updated Ledger account with Debit balance of Rs. XXXX (Rs. XXXXX) for above referred site is being filed.

7     That the against your valid and confirmed orders, my client supplied, Grade-fresh fabrics to you the noticees from time to time on credit basis as you have running credit account in the account books of my client operated in due course of business and the details of all the bills and payments received as follows:-.

8     That as a matter of fact the defendant always remain very negligent in making payments in discharge of its admitted liability under the invoices raised upon him, which is very much evident from the Ledger Account as referred above.

9               That after repeated demand verbal, legal notice send through speed post vide dated XXXX as well on phone, defendant who would not refused but at the same time does not make payment of the demand. It is apparent that defendant is wilfully avoiding to pay the outstanding due against it. Hence the present suit. Hence the present suit.

10.      That the suit for recovery of an amount which is based upon admitted invoices and invoices are contract between the parties and unpaid amount as stated above  is in the nature of liquidated  due amount  falls within the ambit of order XXXVII of Code of Civil Procedure and no relief which does not fall within the ambit of order XXXVII of CPC has been claimed in the plaint.

11.      That the present suit is being filed within limitation and no part of it is barred by limitation.

12.      That  the cause of action for filling the present suit arose on various dates when materials were supplied, invoices were raised and acknowledged by defendant and made part payment in lieu thereof, however finally cause of action arose when defendant stopped to make balance payment  and deferred the same on  one pretext or others and avoided the plaintiff calls, visits and did  not paid any heed to the plaintiff’s request. Cause of action is still subsisting and continuing as defendant has still not paid the suit amount to the plaintiff.

13.      That the value of the suit for the purposes of the court fee and jurisdiction is valued at Rs. XX /-(Rs. XXXX) and accordingly the ad-valorem court fee of Rs. ………./- is affixed/paid with the plaint. The plaintiff further undertakes to pay necessary court fee, if any as directed by this Hon'ble court.

14.      That Plaintiff is having its office and godown at XXXXXX from where orders were placed by the defendant, materials were supplied to it at its various sites and invoices were raised from Delhi. Part payments were received against the invoices at New Delhi. Invoices raised by the plaintiff clearly stipulates the terms “Subject to Delhi Jurisdiction”. Thus, this Hon'ble court has territorial jurisdiction to entertain and adjudicate the present suit in accordance with law.

15.      The Plaintiff states that prior to filing present suit on various occasions issue were discussed with the defendant to settle and liquidate the due and payable amount under present suit but defendant always remain negligent and neglected the plaintiff’s request. Thus finding no other remedy plaintiff is filing present suit which and the present dispute is a Commercial dispute within the meaning of definition of Commercial dispute provided u/s 2(1)(c) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

16.     That no other suit /claim has been filed by the plaintiff before any court of law on the same subject matter as raised in present suit.

PRAYER

In view of facts, circumstances and submissions made above, it is most respectfully prayed to Hon’ble court please to:-

(a)  Pass a decree for a sum of Rs. XX- (Rs. XXXXX), in favour of the plaintiff and against the defendant under order XXXVII of CPC. It is further prayed that pendent elite and future interest @ XX% per annum be also awarded from the date of institution of suit till its realization.

(b)  Cost of the suit along with litigation expenses may also be awarded in favour of the plaintiff and against the defendant.

(c)  Pass such other further order(s) as may bedeemed fit and proper in the aforesaid facts and circumstances.

Delhi                                                                              Plaintiff

Date                                Through,                                

                                                                                        COUNSEL

      XXXX & ASSOCIATES

  office no.- XXXXXX

                            Mob.9873181685

                                                                      Email - XXXXXXXXX

VERIFICTION

Verified at Delhi on this …… day of  , 2022 that the contents of para (   ) to (   ) are true and correct to the best of my knowledge and belief and contents of paras     to    are based on the records maintained in the normal course by the plaintiff and the contents of para (    ) to (    ) are based upon legal advice  and last para is prayer to this Hon’ble Court .

           Plaintiff

IN THE COURT OF COMMERCIAL COURT,  KARKARDOOMA COURTS, SHAHDARA, DELHI

Commercial  Suit No.             of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX                                                                    ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR SH. GUNJAN                  …DEFENDANT

STATEMENT OF TRUTH

I, XXXX Proprietor of XXXXX OFF AT XXXXX, do hereby solemnly affirm and declare as here under:

1.   I say that I am the Proprietor in the plaintiff’s firm and am fully competent and authorised and well aware of the facts and circumstances of the captioned suit, hence competent to swear this affidavit.

2.   That I have gone through the accompanying commercial suit for recovery of money of Rs. XXXX/- (Rs. XXXXX) u/o XXXVII of C.P.C, contents of which are true and correct to best of my knowledge, belief  and legal submissions are based upon information and advises received and believed to be true. The accompanying plaint has been drafted by my counsel on my instruction and the same has been read over and explained to me in vernacular language and the same be read as part and parcel of this affidavit which are not being repeated for sake of brevity.

         DEPONENT

Verification:

Verified at New Delhi on this          day of        2022 that contents of my aforesaid affidavit are true and correct and nothing material has been concealed there from.

                                                                                     DEPONENT

IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI

Commercial Suit No.              of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX                                                              ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR XXXXX                     …DEFENDANT

LIST OF RELIANCE

1.           All documents referred to in the plaint.

2.           All correspondence exchanged between the parties.

3.           All documents in the power and possession of the plaintiff and the defendants.

Delhi                                                                              Plaintiff

Date                                Through                       

                                                                                     COUNSEL

      XXXXX & ASSOCIATES

                                                                office no.- XXXXX               

                                    Mob.- XXXXX

                                                                                Email- XXXXX

IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI

Commercial Suit No.              of 2022

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

XXXXX

THROUGH IT’S PROPRIETOR

XXXXX                                                                    ... PLAINTIFF

VERSUS

XXXXX

THROUGH IT’S PROPRIETOR XXXXX                               …DEFENDANT

LIST OF DOCUMENTS ON BEHALF OF PLAINTIFF

Delhi :                                                                            Plaintiff

Date :                                       Through                       

                                                                                 COUNSEL

                                                                    XXXXX & ASSOCIATES

                                     office no.- XXXXXX                  

                              Mob.- XXXXXX

                                                                               Email-  XXXXX