Quick Contact
- Office No.101, Himland House, Commercial Complex,Karampura, Delhi-110015, India
- 8171974067
- info@lawvs.com
Copyright ©2025 Lawvs.com | All Rights Reserved
IN
THE COURT OF LD. CIVIL JUDGE; ROHINI COURTS; DELHI.
C.
SUIT No. _____ OF 2016.
IN THE MATTER OF :-
XXXXX
P. LTD. : PLAINTIFF
VERSUS
XXXXX :
DEFENDANT
I
N D E X
S.No. PARTICULARS PAGES
1. MEMO OF PARTIES.
2. SUIT FOR RECOVERY. WITH AFFIDAVIT.
3. LIST OF DOCUMENTS ALONGWITH ANNEXURES.
4. VAKALATNAMA.
----------------------------------------------------------------------------------
DELHI PLAINTIFF
THROUGH
DATED
XXXXX
ADVOCATE
XXXXX
IN
THE COURT OF LD. CIVIL JUDGE; ROHINI COURTS; DELHI.
C.
SUIT No. _____ OF 2016.
IN THE MATTER OF :-
XXXXX
P. LTD. :
PLAINTIFF
VERSUS
XXXXX :
DEFENDANT
MEMO
OF PARTIES
XXXXX : PLAINTIFF
VERSUS
XXXXX : DEFENDANT
---------------------------------------------------------------------------------
DELHI PLAINTIFF
THROUGH
DATED
XXXXX
ADVOCATE
XXXXX
IN
THE COURT OF LD. CIVIL JUDGE; ROHINI COURTS; DELHI.
C.
SUIT No. _____ OF 2016.
IN THE MATTER OF :-
XXXXX : PLAINTIFF
VERSUS
XXXXX : DEFENDANT
SUIT FOR RECOVERY OF Rs. 3,27,459.16
(RUPEES THREE LAKHS TWENTY SEVEN THOUSAND FOUR HUNDRED FIFTY NINE ONLY AND
SIXTEEN PAISE) ALONGWITH INTEREST PENDENTELITE AND FUTURE AND COSTS OF THE
SUIT.
MOST
RESPECTFULLY SHOWETH :-
1.
That
plaintiff is International Electronics & Communications Systems P. Ltd. is
one of India’s reputed Company in the field of Communication and Electronics
and provides optimum services to the companies engaged in similar trade. That
plaintiff aggrieved by the acts of the defendant/s has approached this Hon'ble
Court for the redress of his grievances as meted to him by the defendant/s.
That the Director/AR of the Plaintiff company is competent and empowered to
sign and verify the pleadings, and institute the present suit.
2.
That the accused approached the complainant
and showed his eagerness to work with plaintiff and in lieu of the same for
past 4-5 years have been associated with the complainant and have placed
regular orders to the complainant.
3.
That the accused placed orders
with the complainant and the purchases were delivered on time by the
complainant and invoices were raised from time to time. However, accused has
always been making late payments to the complainant, and in order to continue
business relations with the accused, complainant continued to bear with this
situation of delayed payments.
4.
That the last outstanding balance
due towards the complainant by the accused dates back to the financial year 1st
April 2013 to 31st March 2014, and as per complainant’s ledger
account the same amounts to Rs. 3,27,459.16/-.
5.
That the complainant supplied all
products as per accused purchase order and the same was delivered on time on
issuance of road permit from accused end, but the accused has been
non-cooperative and have always lingered on the issue of payments to the
complainant. That such a situation has resulted into loss to the complainant on
account of the accused lackadaisical approach.
6.
Further
it is apparent that the accused was having malafide intentions while making the
purchase orders from time to time and did not have the intention to
pay the amount to the complainant.
7.
That
all the representation made by the accused was false and was given in order to
cheat the complainant. In addition to
this, it is clear that the accused never intended to pay the entire money due
to the complainant and always in discharge of the amounts due, the accused made
part-payments and that too after long persuasion & reminders from the
complainant.
8.
Moreover,
the accused has been raising baseless and frivolous credit notes in lieu of the
payments due to the complainant and the same was duly answered and explained by
the complainant in the mail dated 03.02.2012 , wherein all credit notes raised
by the accused was duly explained by the complainant as to how much amount is
payable.
9.
That
due to delay on the part of the accused in not fulfilling their part of the
obligation, the complainant is facing losses, which the accused is totally
liable to pay. That the said amount is long due and even after repeated
reminders the accused has failed to make good the payment so due.
10.
That
axiomatic facts emerged from the above clearly shows that the accused has
cheated the complainant very cleverly with dishonest, malafide intention &
ulterior motives.
11.
That being constrained, the
plaintiff was left with no alternative but to send through its lawyer a notice
on 26.09.2015, calling upon the defendant to pay the outstanding amount Rs.3,27,459.16
with interest and other charges accruing thereon within the time as stipulated
therein.
12.
That
the defendant is not cooperating with the plaintiff and the defendant is deliberately
avoiding the calls to perform defendant obligations and pay the money, as such the
plaintiff has not been left any other remedy except to approach before the
Hon’ble Court and plaintiff reserves their right to initiate criminal complaint
which includes criminal breach of trust in addition to cheating and criminal
conspiracy against the defendant.
13.
That
the plaintiff tried to contact the defendant to apprise regarding the fact of
outstanding amount, however, the defendant did not pay any heed
to the request of the plaintiff and rather the defendant put off the matter on
one pretext or the other and thus the payment of the said amount is still due
towards the defendant.
14.
That upon persistent demands made
by the plaintiff upon the defendant to liquidate the outstanding payment of Rs.3,27,459.16 the defendant has assured even at the time of
delivery and installation of the products that the outstanding amount will be
paid. However, despite assurances and representations held out, the defendant
failed and neglected to make the payment of the due amount or any part thereof
to the plaintiff till date.
15.
That it is evident that the
defendant willfully and with malafide intentions, deliberately put the
plaintiff into loss and his false representation had induced the plaintiff to
provide the products to the defendant and had no intention to repay the entire
amount due to the plaintiff.
16.
That plaintiff has filed a list
of all relevant documents which are in the power and possession of the
plaintiff. The plaintiff seeks liberty to file such other documents as may be
found necessary at the subsequent stage of proceedings.
17.
The causal and lackadaisical
approach of the defendant resulted in undue losses, inconveniences and
harassment to the plaintiff. Since the defendant failed and neglected to make
the payment of the aforesaid amount, as a result whereof the plaintiff is passing
through a financial problem.
18.
That the defendant is also liable
to pay interest on the outstanding amount being the agreed rate of interest.
That the defendant have failed and neglected to liquidate the outstanding
amount despite repeated requests and demands made and now a sum of Rs. 3,27,459.16
is due and payable by the defendant to the plaintiff and interest as under :-
a.
Balance due and outstanding Rs. 3,27,459.16.
b. Interest
@18% per annum on the aforesaid till date of payment.
19. That
the cause of action for the institution of the suit in favor of the plaintiff
and against the defendant arose as stated hereinabove. It firstly arose when
the defendant approached the plaintiff for the supply of goods at the office of
the plaintiff firm and assured payment of the same and in lieu of the
representation and assurance given by the defendant, the plaintiff supplied the
goods on time. The cause of action again arose when the supply/dispatch of the goods
was made from the office of the plaintiff firm. It further arose on ………….. when
the defendant despite receive of the legal notice failed to pay the loan amount
to the plaintiff. The cause of action as such is within time, subsisting and is
continuing.
20. That
the valuation for the jurisdiction of this Hon’ble Court of Rs. 3,27,459.16 and
for the purposes of court fee and jurisdiction is valued at Rs. ………. and the
adequate court fee has been paid by the plaintiff.
21. That
the plaintiff has its registered office at Delhi. The substantial cause of
action has arisen within the jurisdiction of this Hon’ble Court because the
orders were placed at the office of the plaintiff and the invoices were raised
at the office of the plaintiff and also the dispatch of order have been made
from the premises of the plaintiff and as such this Hon’ble Court has got
jurisdiction to try and entertain the present suit.
In the facts and circumstances of the case and in the interest
of justice this Hon’ble Court may be pleased to:
a) Pass
a decree for a sum of Rs. 3,27,459.16 in favour of the plaintiff and against
the defendant;
b) Award
Interest @18% per annum pendent - lite and future on the suit amount till the
date of realization.
c) Award
costs of the suit; and
d) Pass such other and further order(s)
as this Hon’ble Court may deem fit and proper in the facts and circumstances of
the case.
DELHI PLAINTIFF
THROUGH
DATED
XXXXX
ADVOCATE
XXXXX
VERIFICATION :-
Verified at Delhi on this ____ day of
May, 2016 that the contents of paras 1 to …… of the above plaint are true to my
knowledge and are true upon information and legal advice received and believed
to be correct. Last para is prayer to the Hon’ble Court.
PLAINTIFF
IN
THE COURT OF LD. CIVIL JUDGE; ROHINI COURTS; DELHI.
C.
SUIT No. _____ OF 2016.
IN THE MATTER OF :-
XXXXX : PLAINTIFF
VERSUS
XXXXX :
DEFENDANT
AFFIDAVIT
Affidavit of Mr. _________,
AR of XXXXX having its office at XXXXX, do hereby solemnly affirm and declare
as under:-
1. That
I am the AR of the plaintiff company in the above noted matter and I am well
conversant with the facts and circumstances of the case and I am competent to
swear the present affidavit.
2. I
say that I have signed, verified and instituted the present suit for recovery
for and on behalf of the deponent.
3. I
say that the contents of paragraphs of the accompanying plaint have been
drafted by my counsel as per my instructions and the contents of the same have
been duly read and understood by me and after fully understanding the contents
of the same, I hereby state that the facts stated therein are all true and
correct to my knowledge.
3. I
say that the contents of the accompanying application be read as part and
parcel of the affidavit as the same are not repeated for the sake of brevity.
Verified at Delhi on this ___, day of October,
2016. That the contents of paragraph of my above affidavit are true and
correct. No part of its false and nothing material has been kept concealed
therefrom.
DEPONENT
b) Pass such other and further order(s)
as this Hon’ble Court may deem fit and proper in the facts and circumstances of
the case.
DELHI PLAINTIFF
THROUGH
DATED
XXXXX
ADVOCATES
XXXXX
4. I
say that the contents of the accompanying plaint be read as part and parcel of
the affidavit as the same are not repeated for the sake of brevity.
Verified at Delhi on this ___, day of October,
2016. That the contents of paragraph nos. 1 to 4 of my above affidavit are true
and correct. No part of its false and nothing material has been kept concealed
therefrom.
DEPONENT
d) Pass such other and further order(s)
as this Hon’ble Court may deem fit and proper in the facts and circumstances of
the case.
DELHI PLAINTIFF
THROUGH
DATED
XXXXX
ADVOCATES
XXXXX
VERIFICATION :-
Verified at Delhi on this ____ day of October,
2016 that the contents of paras 1 to …… of the above plaint are true to my
knowledge and are true upon information and legal advice received and believed
to be correct. Last para is prayer to the Hon’ble Court.
PLAINTIFF
