IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

___________                                                        : PLAINTIFF

VERSUS

_______________________              : DEFENDANTS

(P.S. ___________)

I N D E X

S. No.          PARTICULARS                                        PAGES     

1.       COURT FEE

2.       MEMO OF PARTIES   

3.       SUIT FOR RECOVERY ALONG WITH INTEREST AND COSTS OF SUIT. AFFIDAVIT IN SUPPORT.

4.       LIST OF DOCUMENTS ALONG WITH DOCUMENTS.

5.       CERTIFICATE BY WAY OF AFFIDAVIT U/S 63 OF BSA (OLD SEC. 65B OF INDIAN EVIDENCE ACT.

6.       VAKALATNAMA.                          

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DELHI                                                                 PLAINTIFF

THROUGH

DATED:

_______________________

ADVOCATES

Office at: _______________________

           New Delhi-110014.

Mob: +_______________________

Email:____________________

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

_____________                                           : PLAINTIFF

VERSUS

_______________________              : DEFENDANTS

(P.S. ___________)

MEMO OF PARTIES

M/S. ,

_____________………..                    : PLAINTIFF

VERSUS

1. ________________

.

2. ______________________

________________                                      : DEFENDANTS

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DELHI                                                                PLAINTIFF

THROUGH

DATED:

_______________________

ADVOCATES

Office at: _______________________

           New Delhi-110014.

Mob: +_______________________

Email: ____________________

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

__________________

`                                                         : PLAINTIFF

VERSUS

1. _______________

2. _____________                    : DEFENDANTS

(P.S. ___________)

SUIT FOR RECOVERY OF AN AMOUNT OF INR _____/- (_____) ALONG WITH INTEREST @18% P.A., COSTS AND DAMAGES.UIT FOR RECOVERY OF AN AMOUNT OF INR _____/- (_____) ALONG WITH INTEREST @18% P.A., COSTS AND DAMAGES.

MOST RESPECTFULLY SHOWETH:-

1.                 That the Plaintiff is inter alia engaged in the business of trading and retailing of Tubes, Pipes, Hoses and Fittings and similar other products and is highly reputed and has earned immense reputation owing to its work ethics and sheer professionalism in its field. That Our Client has a large pool of reputed customers, who can vouch for the genuineness, commitment, and professionalism.

2.                 That the Defendant had approached the Plaintiff at its registered office at _________, and the Defendants assured the plaintiff that their company is private limited company and Defendants are the Partners / Directors of M/s. _____________ Ltd., and had further represented to be managing the day-to-day operations / affairs of the Company. That the Defendants had approached the Plaintiff requesting the Plaintiff to supply goods i.e. Tubes, Pipes, Hoses of different size and fittings to the Defendants. In accordance with the agreed terms and conditions the Defendants raised various verbal purchase orders for the supply of goods with the Plaintiff and accordingly, the Plaintiff supplied the same and raised various invoices in accordance with the agreed terms and conditions. It is pertinent to mention that while placing purchase orders and at the time of delivery the Defendants had categorically assured for remitting timely payments of the invoices being raised upon the Defendants by the Plaintiff.

3.                 That it is pertinent to mention that all the goods supplied to the Defendants were readily accepted by the Defendants without any objections or demurs. That since quality goods had been supplied by the Plaintiff to the Defendants to their satisfaction the Defendants was under the obligation to timely remit the payments against the invoices being raised upon the Defendants against the goods being supplied to the Defendants.

4.                 That it is further pertinent to mention herein that the Plaintiff raised various invoices upon the Defendants, qua the goods supplied by the Plaintiff to the Defendants; and the said invoices were duly accepted and acknowledged by the Defendants. Further, against the said invoices the Defendants made part and petty payment to the Plaintiff on a running account basis, however, till date Defendants have failed to make the complete payment of the complete due amount to the Plaintiff.

5.                 That the Defendants have purchased the goods from the plaintiff and the plaintiff was maintaining a running account in its books of account which it maintains in its normal course of business and as per said ledger of account maintained by the plaintiff, the total outstanding amount being due and payable by the Defendants is INR _____/- (____________) ["Due Amount”] along with interest @18% p.a. upon the delayed payments starting from ________ (date of last invoice raised upon the Defendants). In lieu of the goods being supplied by the plaintiff to the Defendant; the plaintiff raised invoices upon the Defendants, requesting payment of the due amount and such invoices were duly accepted and acknowledged by the Defendants.

6.                 It is further submitted that subsequent to the goods being delivered to the Defendants; the order of which were place by the Defendants in the office of the Plaintiff, the Plaintiff requested the Defendants, numerous times to release the payment of the due amount, however, the Defendants, by one way or the other kept putting the matter on one pretext or the other for the purpose of delaying / avoiding the payment of the due amount to the Plaintiff.

7.                 That the Plaintiff, believing upon the representations as well as personal guarantee as given by the Defendants, provided with all the orders / products as engaged for and the Plaintiff without any default supplied the Defendants’ with the products without any default the timely delivery of goods as and when required by the Defendants.

8.                 It is further submitted that the Plaintiff for now had not received payments in respect of various goods as supplied to the Defendants. Since the desired date of acknowledging the payment of an acknowledged amount of INR ____________/- (____________), the Plaintiff had waited patiently despite chasing the Defendants despite several months, still have not made the payment, resulting which the Plaintiff has force to file the present plaint against the Defendants for recovery of the said outstanding due amount.

9.                 That the Defendants have been non-cooperative and has always lingered on the issue of payment to the Plaintiff and has taken undue advantage of the Plaintiff’s services. That such a situation has resulted in a loss to the Plaintiff on account lackadaisical approach of the Defendants.

10.             Further it is apparent that the Defendant was having mala-fide intentions while availing the services of the Plaintiff from time to time and did not have the intention to honor the terms and conditions of the invoices and payment against the acknowledged outstanding amount coupled with the fact that despite the personal assurances been given by the Defendants, they didn’t even honor the terms of the business with the Plaintiff. As per communication with the Defendants have been deliberately delaying the payment and clear off their liability which amounted to unfair practice and which have been costing the Plaintiff heavily.

11.             That it is pertinent to mention that it was mutually agreed between the parties that interest would be recovered @18% p.a. on overdue unpaid outstanding due amount. That despite raising the Invoices till _____________ date an amount of INR ____________/- (____________) is due and payable by the Defendants to the Plaintiff, in addition to payment of interest @18% p.a. upon the delayed payments starting from _____ (date of last invoice raised upon the Defendants).

12.             That the Plaintiff has been trying to contact the Defendants regularly and has been trying to meet their officials/ representatives on several occasions, however, all such requests of the Plaintiff have gone in vain. That despite numerous requests being made by the Plaintiff, the Defendants having mischievous and malaise intent from the start, have repudiated the requests of the Plaintiff. That till date, the Plaintiff has been made to suffer huge financial losses including loss of opportunities, and such has caused severe hardships to the Plaintiff for which the Defendants are severally and legally liable.

13.             That axiomatic fact that emerged from the above clearly shows that the Defendants have cheated the Plaintiff with dishonest and mala fide intentions. Thus, the Defendants have caused wrongful loss to the Plaintiff and wrongful gains to themselves.

14.             That as per the ledger account maintained by the Plaintiff, an amount of INR ____________/- (____________) is due and payable by the Defendant to the Plaintiff along with interest @18% p.a. upon the delayed payments starting from __________(date of last invoice raised upon the Defendants) till date of realization, this being in addition to making payment on account of the damages and costs.

15.             That aggrieved by the deceitful and decisive acts of the Defendants and their failure to pay the amount due and payable; the Plaintiff was constrained to send a Legal Notice dated ____ (hereinafter to be referred to as the “Legal Notice”) to the Defendants pursuant to which the Plaintiff requested the Defendants to make the payment of the due amount to the Plaintiff. The defendants never bothered to response to the said notice till date and failed to clear the outstanding amount which demanded in the said Legal Notice.

16.             That the plaintiff is entitled to recover a sum of ____________/- (____________), along with delayed payment interest @18% p.a. starting from _______ (date of last invoice raised upon the Defendants) till date of realization,  from the defendant.

17.             That the plaintiff requested the defendants several times for payment as mentioned above, the defendants have failed and neglected to make the payment which is due on the defendants. The plaintiff being left with no other option but to approach before this Hon'ble Court for recovery of outstanding due amount.

18.             That the cause of action to filing the present suit arose on various occasion when the material was supplied to the Defendants and when the Defendants made the payments towards its legally enforceable liability as per ledger account statement. The cause of action arose in the month of …… 2022 when the Defendants approached the Plaintiff to supply the goods and since then to __________the Defendant made several orders and supplied the goods / material to the Defendants on running account basis. The cause of action further arose on __________when the Plaintiff raised the last invoice against the goods supplied to the defendants. The cause of action further arose on ______ when the Plaintiff issued a legal notice of demand to the Defendants which was duly served to the Defendants, but the Defendants failed to response to the said notice till date. That the cause of action for the present suit is a continuing and recurring cause of action as the Defendants have failed to clear outstanding payment to the Plaintiff, and the obligation of the Defendants towards the Plaintiff is still subsisting and continuing, hence, the present suit is being filed is within the prescribed limitation period.

19.             The suit for the purpose of relief of recovery, the said suit is valued ____________/- (____________), along with delayed payment interest @18% p.a. starting from _______. The Plaintiff has paid the appropriate court fee of Rs._____/- towards the same. Further, the Plaintiff undertakes to pay deficient court fees, if any.

20.             That the captioned matter falls within the jurisdiction of this Hon’ble Court as pursuant to the invoices raised by the Plaintiff (and being duly accepted by the Defendants), the parties had amicably chosen to give jurisdiction to the courts of New Delhi for resolution of disputes between them, furthermore, the Plaintiff is located and registered within the jurisdiction of this Hon’ble Court, hence, this Hon’ble Court has the jurisdiction. That the Defendants is under an obligation to make payment to the Plaintiff at the registered office of the Plaintiff (being within this jurisdiction) hence, this Hon’ble Court has the territorial jurisdiction. Moreover, the orders were placed at the registered office of the Plaintiff, and meetings took place at the registered office of the Plaintiff in addition to that the payment requests were made/raised from the registered office of the Plaintiff, hence, this Hon’ble Court has the jurisdiction as the cause of action also arose in favour of the Plaintiff within the jurisdiction of this Hon’ble Court. That the payment requests were made by the Plaintiff to the Defendants at its registered office which falls within the jurisdiction of this Hon’ble Court, hence, this Hon’ble Court has the jurisdiction.

21.             That the present suit is valued less than _______ rupees which do not falls under the Commercial Courts Acts. Further, the present suit is within the limitation period.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to; -

a.      Pass a decree in favour of the Plaintiff and against the Defendant by directing the Defendants to make total outstanding payment of an amount INR ____________/- (____________), along with delayed payment interest @18% p.a. starting from _______ till its realization to the Plaintiff;

b.     Award interest being payable at the rate of as may be decided by this Hon’ble Court pursuant to Order VII Rule 2A of the CPC, starting from due till the date of filing of the captioned suit along with interest being payable starting from the date of the institution of the captioned suit till the date of the final decree;

c.      Award/impose appropriate costs of the suit to be payable by the Defendant as may be decided by this Hon’ble Court pursuant to Section 35 of the CPC; and

d.     Pass such other and further orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DELHI                                                                PLAINTIFF

THROUGH

DATED:

_______________________

ADVOCATES

Office at: _______________________

           New Delhi-110014.

Mob: +_______________________

Email: ______________

VERIFICATION:-

Verified at New Delhi on this ___ day of September, 2024 that the contents of the statements made in 1 to ….. paragraphs are true to my knowledge, and statements made in …. to ….. paras are based on information received & available which I believe to be correct, and statements made in …. to …. paragraphs are based on legal advice and no part of it is false nor anything material has been concealed therefrom. Last para contains the prayer to this Hon’ble Court.

                                                          PLAINTIFF

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

_______________                                                 : PLAINTIFF

VERSUS

_______________________              : DEFENDANTS

AFFIDAVIT

I, …………………, Proprietor of M/s. ___, having its office at _____________, Delhi-110006., do hereby solemnly affirm and declare as hereunder:

1.                 That the deponent is the Proprietor of the Plaintiff Company in the accompanying suit and thus competent to swear this affidavit.

2.                 That the accompanying suit has been drafted under the deponent’s instructions and the contents of the same are true and correct to best of her knowledge and belief. Nothing material has been concealed there from.

3.                 That the contents of accompanying suit may please be read as part and parcel of this affidavit as the same are not being repeated here for sake of brevity.

                                                                    DEPONENT

VERIFICATION:-

Verified at New Delhi on this __ day of September, 2024 that the contents of the above affidavit are true and correct to the best of my knowledge, no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

_______________                                                 : PLAINTIFF

VERSUS

_______________________              : DEFENDANTS

LIST OF DOCUMENTS FILED BY THE PLAINTIFF

DELHI                                                                PLAINTIFF

THROUGH

DATED:

_______________________

ADVOCATES

Office at: _______________________

           New Delhi-110014.

Mob: +_______________________

Email: ________________________

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

C.S. NO. _____ OF 2024.

IN THE MATTER OF:-

___________                                                        : PLAINTIFF

VERSUS

_______________________              : DEFENDANTS

CERTIFICATE BY WAY OF AFFIDAVIT OF THE PLAINTIFF SECTION 63 OF BHARTIYA SAKSHYA ADHINIYAM (OLD SECTION 65B OF INDIAN EVIDENCE ACT, 1872.

I, …………………, Proprietor of M/s. ______, having its office at ___________., do hereby solemnly affirm and declare as hereunder:

1.              I say that I am the Proprietor of the Plaintiff Company in the above noted case and well conversant with facts and circumstances of the case and such I am competent to swear the affidavit.

2.              I say that for the purpose of present case I have printed out the following documents generated from the information stored in computer belonging to me which is regularly used in ordinary course of business by me.

3.              The printouts of the abovementioned documents are printed under my instruction and have been filed with list of documents.

4.              I say that I have stored information in office computer which is regularly used by me in ordinary course of business and printout have been taken under my instructions from printer which is regularly used by me in the course of business.

5.              I say that I have been advised to state that the conditions of Section 65B of the Indian Evidence Act, 1972 are complied with in respect of these documents.

6.              I say that I in particular confirm: -

a)        That the computer system and printer are regularly used by me to produce the computer output and store such record. The relevant printouts were taken under my supervision and I have lawful control over the use of the said computer system and printer in my office.

b)       That the relevant information from the correspondence was a part of the input which was regularly fed by me to the computer system as a part of the ordinary course of my business activities.

c)        That the computer system as used by me has been operating properly and the documents and their accuracy and contents have not been altered and tampered with during the transfer process in any manner whatsoever.

d)       That the information contained in the computer output is an exact replica and has been produced from the original electronic record and therefore reproduction of the information contained on the Electronic Records therein.

DEPONENT

VERIFICATION:-

Verified at Delhi on ___ day of September, 2024 that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material or relevant has been concealed therefrom.       

DEPONENT