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

__________________

__________________                        : DEFENDANT

(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

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

__________________

__________________                        : DEFENDANT

(P.S. ___________)

MEMO OF PARTIES

______________                     : PLAINTIFF

VERSUS

__________________                        : DEFENDANT

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DELHI                                                                PLAINTIFF

THROUGH

DATED:

........................

ADVOCATES

Office at: ____________.

Mob: ………………………

Email: ……………………………………

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE; DIST.__________; XXXXXXX  COURTS, DELHI.

C.S. NO. _____ OF 20___.

IN THE MATTER OF:-

M/S. XXXXXX TRADING,

                                                                             : PLAINTIFF

VERSUS

                                                                             : DEFENDANT

(P.S. ___________)

SUIT FOR RECOVERY OF AN AMOUNT OF INR 34,866/- (THIRTY FOUR THOUSAND EIGHT HUNDRED AND SIXTY SIX ONLY) 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 XXXXXXX, Delhi, and the Defendant assured the plaintiff that his firm is a proprietorship firm and Defendant is the Sole Proprietor of M/s. XXXXX , and had further represented to be managing the day-to-day operations, affairs, overall control, charge, and responsibilities of the workings, all transactions and businesses carried out in the name of said firm. That the Defendant had approached the Plaintiff requesting the Plaintiff to supply goods i.e. Tubes, Pipes, Hoses of different size and fittings to the Defendant. In accordance with the agreed terms and conditions the Defendant 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 Defendant had categorically assured for remitting timely payments of the invoices being raised upon the Defendant by the Plaintiff.

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

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

5.                 That the Defendant has 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 Defendant is INR ____/- (__________Only) ["Due Amount”] along with interest @18% p.a. upon the delayed payments starting from ______ (date of last invoice raised upon the Defendant). In lieu of the goods being supplied by the plaintiff to the Defendant; the plaintiff raised invoices upon the Defendant, requesting payment of the due amount and such invoices were duly accepted and acknowledged by the Defendant.

6.                 It is further submitted that subsequent to the goods being delivered to the Defendant; the order of which were place by the Defendant in the office of the Plaintiff, the Plaintiff requested the Defendant, numerous times to release the payment of the due amount, however, the Defendant, 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 Defendant, provided with all the orders / products as engaged for and the Plaintiff without any default supplied the Defendant’s with the products without any default the timely delivery of goods as and when required by the Defendant.

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

9.                 That the Defendant has 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 Defendant.

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 Defendant, they didn’t even honor the terms of the business with the Plaintiff. As per communication with the Defendant has 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 ________/- (___________Only) is due and payable by the Defendant 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 Defendant).

12.             That the Plaintiff has been trying to contact the Defendant 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 Defendant 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 Defendant is solely and legally liable.

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

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 Defendant) 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 Defendant and his 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 Defendant pursuant to which the Plaintiff requested the Defendant to make the payment of the due amount to the Plaintiff. The defendant 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 _________ till date of realization,  from the defendant.

17.             That the plaintiff requested the defendant several times for payment as mentioned above, the defendant has failed and neglected to make the payment which is due on the defendant. 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 Defendant and when the Defendant made the payments towards its legally enforceable liability as per ledger account statement. The cause of action arose in the month of …… 2021 when the Defendant approached the Plaintiff to supply the goods and since then to __________ the Defendant made several orders and supplies the goods / material to the Defendant on running account basis. The cause of action further arose on _________ when the Plaintiff raised the last invoice against the goods supplied to the defendant. The cause of action further arose on ______ when the Plaintiff issued a legal notice of demand to the Defendant which was duly served to the Defendant, but the Defendant 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 Defendant has 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 Defendant), 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 Defendant 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 Defendant 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 __________ 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 Defendant to make total outstanding payment of an amount INR __________/- (___________ Only), 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:

ADVOCATE

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

__________________

__________________                        : DEFENDANT

AFFIDAVIT

I, …………………, Proprietor of M/s.XXXXXXX , 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

__________________

__________________                        : DEFENDANT

LIST OF DOCUMENTS FILED BY THE PLAINTIFF

DELHI                                                                PLAINTIFF

THROUGH

DATED:

........................

ADVOCATES

Office at: __________________.

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

__________________

__________________                        : DEFENDANT

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. …………………, …………e, Delhi-110006., 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