IN THE COURT OF Name and place of the commercial court
COMMERCIAL SUIT NO. Suit number OF Suit year
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name… DEFENDANT
INDEX
| S. NO. | PARTICULARS | PAGE NO. |
|---|
| 1. | MEMO OF PARTIES | |
| 2. | COMMERCIAL CIVIL SUIT UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF RS. Suit recovery amount (₹) PENDENTE LITE AND FUTURE INTEREST | |
DelhiPLAINTIFF
DateThrough,
COUNSEL
Plaintiff's counsel firm name & ASSOCIATES
Office No.: Counsel's office number
Mob.: Counsel's mobile number
Email: Counsel's email address
IN THE COURT OF Name and place of the commercial court
Commercial Suit No. Suit numberof Suit year
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name… DEFENDANT
MEMO OF PARTIES
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name
HAVING ITS REGISTERED OFFICE AT:
Plaintiff's registered office address... PLAINTIFF
VERSUS
Defendant no. 1 firm's name
THROUGH ITS AUTHORISED PERSON, Defendant no. 1's authorized person's name
AT: Defendant no. 1's address
MOB.: Defendant no. 1's mobile number… DEFENDANT NO. 1
1.Defendant no. 2's name
AUTHORISED PERSON OF
Defendant no. 2 firm's name
AT: Defendant no. 2's address
MOB.: Defendant no. 2's mobile number… DEFENDANT NO. 2
DelhiPLAINTIFF
DateThrough,
COUNSEL
Plaintiff's counsel firm name & ASSOCIATES
Office No.: Counsel's office number
Mob.: Counsel's mobile number
Email: Counsel's email address
IN THE COURT OF Name and place of the commercial court
Commercial Suit No. Suit numberof Suit year
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name… DEFENDANT
COMMERCIAL CIVIL SUIT UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF RS. Suit recovery amount (₹) (RS. Suit recovery amount in words) PENDENTE LITE AND FUTURE INTEREST
MOST RESPECTFULLY SHOWETH:
1.That the Plaintiff is a duly registered proprietorship firm engaged in the business of denim jeans fabric and allied goods. Plaintiff proprietor's name is the sole owner of the said business and is competent and authorised to sign, verify and institute the present suit, to adduce evidence, to appear and to make statements on behalf of the Plaintiff; in any event, he is fully conversant with the facts and circumstances of the case. A copy of the registration certificate of the Plaintiff is being filed herewith.
2.That the Defendant is a proprietorship firm carrying on the business of denim jeans fabrics and allied goods, having its offices/site offices as mentioned in the cause title.
3.That the Plaintiff has, from time to time, supplied various materials, including denim jeans fabrics, to the Defendant at Delivery site address in accordance with its requirements. The Plaintiff raised various invoices and maintained its accounts in respect of the supplies made at Delivery site address. True copies of the invoices and the computer-generated ledger account, along with a certificate under Section 65B of the Indian Evidence Act, are being filed herewith.
4.That, as per the books of account of the Plaintiff's firm, a sum of Rs. Amount due (₹) (Rs. Amount due in words only) is presently due and payable by the Defendant towards the various transactions and supplies. A duly certified true copy of the consolidated ledger account is being filed herewith.
5.That the Plaintiff supplied the materials to the Defendant at Delivery site address, the details whereof are as follows:
| S. No. | Description | Roll No. | Total Meter | Pcs | Rate per Meter | Amount (in Rs.) |
|---|
| 1. | Fresh | | | | | |
6.That the goods were again delivered to the Defendant, the details whereof are as follows: Invoice No. Invoice number; Invoice Date: Invoice date; the goods were delivered to "Consignee name", situated at Delivery address.
| S. No. | Description | Roll No. | Total Meter | Pcs | Rate per Meter | Amount (in Rs.) |
|---|
| 1. | Fresh | | | | | |
The receipt of the materials and invoices was duly acknowledged by the Defendant and/or its staff. An updated ledger account showing a debit balance of Rs. Debit balance amount (₹) (Rs. Debit balance amount in words) in respect of the aforesaid site is being filed herewith.
7.That, against valid and confirmed orders, the Plaintiff supplied fresh-grade fabrics to the Defendant from time to time on credit basis, as the Defendant was operating a running credit account in the books of account of the Plaintiff maintained in the due course of business. The details of all the bills raised and the payments received are as follows:
| S. No. | DATE | MODE OF PAYMENT | AMOUNT RECEIVED (In Rs.) |
|---|
| 1. | | | |
8.That, as a matter of fact, the Defendant has consistently been negligent in making payments towards its admitted liability under the invoices raised upon it, which is evident from the ledger account referred to above.
9.That, despite repeated demands made verbally, by telephone, and through a legal notice sent by speed post dated Date of legal notice, the Defendant, without expressly refusing the liability, has failed to make payment of the amount demanded. It is apparent that the Defendant is wilfully avoiding payment of the outstanding dues. Hence, the present suit.
10.That the present suit is for recovery of an amount based upon admitted invoices, which constitute the contract between the parties, and the unpaid amount, as stated above, is in the nature of a liquidated amount due, and therefore falls within the ambit of Order Order number of CPC of the Code of Civil Procedure, 1908. No relief which does not fall within the ambit of Order Order number of CPC of the Code of Civil Procedure, 1908 has been claimed in the plaint.
11.That the present suit is being filed within the period of limitation, and no part of the claim is barred by limitation.
12.That the cause of action for filing the present suit arose on various dates when the materials were supplied, the invoices were raised and acknowledged by the Defendant, and part payments were made in lieu thereof. The cause of action finally arose when the Defendant stopped making payment of the balance amount and deferred the same on one pretext or another, avoided the Plaintiff's calls and visits, and paid no heed to the Plaintiff's requests. The cause of action is still subsisting and continuing, as the Defendant has still not paid the suit amount to the Plaintiff.
13.That the value of the suit for the purposes of court fee and jurisdiction is valued at Rs. Suit valuation (₹)/- (Rs. Suit valuation in words), and accordingly, the ad valorem court fee of Rs. Court fee amount (₹)/- has been affixed/paid with the plaint. The Plaintiff further undertakes to pay any additional court fee as may be directed by this Hon'ble Court.
14.That the Plaintiff has its office and godown at Plaintiff's office and godown address, from where the orders were placed by the Defendant, the materials were supplied to it at its various sites, and the invoices were raised from Delhi. Part payments against the invoices were received at City where part payments were received. The invoices raised by the Plaintiff clearly stipulate the terms "Subject to City named in the invoices' jurisdiction clause 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 the institution of the present suit, the issue was discussed with the Defendant on various occasions with a view to settling and liquidating the amount due and payable under the present suit; however, the Defendant remained negligent and failed to respond to the Plaintiff's requests. Finding no other remedy available, the Plaintiff is constrained to file the present suit. The present dispute is a commercial dispute within the meaning of the definition of "commercial dispute" provided under Section 2(1)(c) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.
16.That no other suit or claim has been filed by the Plaintiff before any court of law on the same subject matter as raised in the present suit.
PRAYER
In view of the facts, circumstances and submissions made above, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:-
(a)Pass a decree for a sum of ₹ Decree amount (₹)/- (Rupees Decree amount in words only), in favour of the Plaintiff and against the Defendant, under Order Order number of CPC of the Code of Civil Procedure, 1908. It is further prayed that interest pendente lite and future interest @ Rate of interest per annum (%)% per annum be also awarded from the date of institution of the suit till its realization.
(b)Award the costs of the suit, along with litigation expenses, in favour of the Plaintiff and against the Defendant.
(c)Pass such other and further order(s) as may be deemed fit and proper in the aforesaid facts and circumstances of the case.
DelhiPlaintiff
Date: Date of verificationThrough,
COUNSEL
Plaintiff's counsel firm name & ASSOCIATES
Office No.: Counsel's office number
Mob.: Counsel's mobile number
Email: Counsel's email address
VERIFICATION
Verified at Delhi on this Date of verification that the contents of paragraphs ( ) to ( ) are true and correct to the best of my knowledge and belief; the contents of paragraphs ( ) to ( ) are based on the records maintained in the normal course of business by the Plaintiff; the contents of paragraphs ( ) to ( ) are based upon legal advice received and believed to be true; and the last paragraph is the prayer to this Hon'ble Court.
Plaintiff
IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI
Commercial Suit No.of Year of suit filing
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name... DEFENDANT
STATEMENT OF TRUTH
I, Deponent's name, Proprietor of Plaintiff firm's name, having its office at Plaintiff's office address, do hereby solemnly affirm and declare as under:
1.I state that I am the Proprietor of the Plaintiff firm and am fully competent and authorised, and well aware of the facts and circumstances of the captioned suit, and hence competent to swear this affidavit.
2.That I have gone through the accompanying commercial suit for recovery of a sum of ₹ Suit recovery amount (₹)/- (Rupees Suit recovery amount in words only) under Order Order number of CPC of the Code of Civil Procedure, 1908, the contents whereof are true and correct to the best of my knowledge and belief, and the legal submissions are based upon information and advice received and believed to be true. The accompanying plaint has been drafted by my counsel on my instructions 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, the contents whereof are not being repeated for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification that the contents of my aforesaid affidavit are true and correct, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI
Commercial Suit No.of Year of suit filing
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name... 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 Defendant.
DelhiPlaintiff
Date: Date of verificationThrough
COUNSEL
Plaintiff's counsel firm name & ASSOCIATES
Office No.: Counsel's office number
Mob.: Counsel's mobile number
Email: Counsel's email address
IN THE COURT OF COMMERCIAL COURT, KARKARDOOMA COURTS, SHAHDARA, DELHI
Commercial Suit No.of Year of suit filing
(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Plaintiff firm's name
THROUGH ITS PROPRIETOR
Plaintiff proprietor's name... PLAINTIFF
VERSUS
Defendant firm's name
THROUGH ITS PROPRIETOR Defendant proprietor's name... DEFENDANT
LIST OF DOCUMENTS ON BEHALF OF PLAINTIFF
| S. No. | PARTICULARS |
|---|
| 1. | True copy of invoices |
| 2. | Statement of ledger account of the Plaintiff firm |
| 4. | Dispatch proof of the legal notice |
| 5. | Certificate under Section 65B of the Indian Evidence Act, 1872 for the electronic record submitted in printed form |
| 6. | Additional document (S. No. 6) |
| 7. | Additional document (S. No. 7) |
DelhiPlaintiff
Date: Date of verificationThrough
COUNSEL
Plaintiff's counsel firm name & ASSOCIATES
Office No.: Counsel's office number
Mob.: Counsel's mobile number
Email: Counsel's email address