Plaint for recovery of ₹35,941 with interest along with supporting affidavit and list of documents
0 of 34 blanks filled
IN THE COURT OF THE Court name AT Court place
Civil Suit No. Suit number of Suit year
IN THE MATTER OF:
M/S. Plaintiff company name,
Having its Office at Office floor Floor,
Plaintiff office address, Plaintiff office city,
Through its Proprietor, Mr. Plaintiff proprietor's name: PLAINTIFF
VERSUS
1. MR. First defendant's name,
Partner of First defendant's firm name;
2. MS. Second defendant's name,
Partner of Second defendant's firm name,
Both residing / carrying on business at Defendants' address-II,
Defendants' address,
GSTIN: Defendants' GSTIN
(P.S. Police station): DEFENDANTS
SUIT FOR RECOVERY OF AN AMOUNT OF INR 35,941/- (THIRTY-FIVE THOUSAND NINE HUNDRED AND FORTY-ONE 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, fittings and similar other products, and enjoys a high reputation in its field owing to its work ethics and professionalism. That the Plaintiff has a large base of reputed customers who can vouch for its genuineness, commitment and professionalism.
2.That the Defendants approached the Plaintiff at its registered office at Plaintiff office address, and represented that their company was a private limited company and that the Defendants were the Partners / Directors of M/s. Defendant company name Pvt. Ltd., and were managing the day-to-day operations and affairs of the said company. That the Defendants requested the Plaintiff to supply goods, namely tubes, pipes and hoses of different sizes, along with fittings. In accordance with the agreed terms and conditions, the Defendants placed various verbal purchase orders upon the Plaintiff for the supply of goods, and accordingly the Plaintiff supplied the said goods and raised various invoices in accordance with the agreed terms and conditions. It is pertinent to mention that, at the time of placing the purchase orders and at the time of delivery, the Defendants categorically assured the Plaintiff of remitting timely payment against the invoices raised upon them.
3.That it is pertinent to mention that all the goods supplied to the Defendants were readily accepted by them without any objection or demur. That, since goods of the requisite quality were supplied by the Plaintiff to the satisfaction of the Defendants, the Defendants were under an obligation to remit payment in a timely manner against the invoices raised upon them for the goods so supplied.
4.That it is further pertinent to mention that the Plaintiff raised various invoices upon the Defendants in respect of the goods supplied, and the said invoices were duly accepted and acknowledged by the Defendants. That, against the said invoices, the Defendants made part payments to the Plaintiff on a running-account basis; however, till date the Defendants have failed to pay the entire outstanding amount due to the Plaintiff.
5.That the Defendants purchased the goods from the Plaintiff, and the Plaintiff maintained a running account in its books of account, which it maintains in the normal course of its business. As per the said ledger of account, the total outstanding amount due and payable by the Defendants is INR 35,941/- (Thirty-Five Thousand Nine Hundred and Forty-One Only) As-on date of outstanding amount, along with interest @ 18% p.a. on the delayed payments, computed from Date of last invoice (the date of the last invoice raised upon the Defendants). That, in consideration of the goods supplied by the Plaintiff to the Defendants, the Plaintiff raised invoices upon the Defendants requiring payment of the amount due, and the said invoices were duly accepted and acknowledged by the Defendants.
6.It is further submitted that, subsequent to the delivery of the goods ordered by the Defendants at the office of the Plaintiff, the Plaintiff requested the Defendants on numerous occasions to release payment of the amount due; however, the Defendants, on one pretext or another, continued to defer the matter for the purpose of delaying and avoiding payment of the said amount to the Plaintiff.
7.That the Plaintiff, acting upon the representations made by the Defendants and the personal guarantee given by them, supplied all the goods ordered, and duly delivered the products to the Defendants in a timely manner, as and when required by them, without any default on its part.
8.It is further submitted that the Plaintiff has not received payment in respect of various goods supplied to the Defendants. That, from the date on which payment of the acknowledged amount of INR 35,941/- (Thirty-Five Thousand Nine Hundred and Forty-One Only) became due, the Plaintiff waited patiently and followed up with the Defendants for several months; however, the Defendants have failed to make the payment, as a result of which the Plaintiff has been constrained to file the present plaint against the Defendants for recovery of the said outstanding amount.
9.That the Defendants have been non-cooperative and have persistently evaded the issue of payment to the Plaintiff, and have taken undue advantage of the Plaintiff's services. That this situation has resulted in loss to the Plaintiff on account of the lackadaisical approach of the Defendants.
10.Further, it is apparent that the Defendants acted with mala fide intentions in availing of the goods and services of the Plaintiff from time to time, without any intention of honouring the terms and conditions of the invoices or of making payment against the acknowledged outstanding amount; and, despite the personal assurances given by the Defendants, they failed even to honour the terms of business with the Plaintiff. That the Defendants have deliberately delayed payment and the discharge of their liability, which constitutes an unfair trade practice and has caused considerable loss to the Plaintiff.
11.That it is pertinent to mention that it was mutually agreed between the parties that interest would be payable @ 18% p.a. on the overdue, unpaid outstanding amount. That, despite invoices having been raised up to Date of last invoice, an amount of INR 35,941/- (Thirty-Five Thousand Nine Hundred and Forty-One Only) remains due and payable by the Defendants to the Plaintiff, in addition to interest @ 18% p.a. on the delayed payments, computed from Date of last invoice (the date of the last invoice raised upon the Defendants).
12.That the Plaintiff has been regularly attempting to contact the Defendants and has sought to meet their officials / representatives on several occasions; however, all such efforts of the Plaintiff have gone in vain. That, despite numerous requests made by the Plaintiff, the Defendants, acting with mischievous and mala fide intent from the outset, have refused to comply with the Plaintiff's requests. That, till date, the Plaintiff has been made to suffer substantial financial losses, including loss of business opportunities, which has caused severe hardship to the Plaintiff, for which the Defendants are jointly and severally and legally liable.
13.That the axiomatic fact emerging from the foregoing 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 gain to themselves.
14.That, as per the ledger account maintained by the Plaintiff, an amount of INR 35,941/- (Thirty-Five Thousand Nine Hundred and Forty-One Only) is due and payable by the Defendants to the Plaintiff, along with interest @ 18% p.a. on the delayed payments from Date of last invoice (the date of the last invoice raised upon the Defendants) till the date of realisation, in addition to payment on account of damages and costs.
15.That, aggrieved by the deceitful acts of the Defendants and their failure to pay the amount due and payable, the Plaintiff was constrained to issue a Legal Notice dated Day of legal notice.Month of legal notice (hereinafter referred to as the "Legal Notice") to the Defendants, whereby the Plaintiff called upon the Defendants to make payment of the amount due. That the Defendants have not responded to the said Legal Notice till date and have failed to pay the outstanding amount demanded therein.
16.That the Plaintiff is entitled to recover a sum of ₹35,941/- (Rupees Thirty Five Thousand Nine Hundred and Forty One Only), together with delayed payment interest @ 18% per annum with effect from Date of last invoice (the date of the last invoice raised upon the Defendants) till the date of realisation, from the Defendants.
17.That the Plaintiff requested the Defendants on several occasions to make the payment as aforesaid; however, the Defendants have failed and neglected to make the payment due and payable by them. The Plaintiff, being left with no other option, has been constrained to approach this Hon'ble Court for recovery of the outstanding dues.
18.That the cause of action for filing the present suit arose on various occasions, namely, when the goods/material were supplied to the Defendants and when the Defendants made part payments towards their legally enforceable liability, as reflected in the ledger account statement. The cause of action first arose in the month of Month goods first supplied 2022, when the Defendants approached the Plaintiff for the supply of goods, and since then up to Date of last supply of goods, the Defendants placed several orders and the Plaintiff supplied the goods/material to the Defendants on a running account basis. The cause of action further arose on Date of last invoice, when the Plaintiff raised the last invoice against the goods supplied to the Defendants. The cause of action further arose on Date of legal notice of demand, when the Plaintiff issued a legal notice of demand to the Defendants, which was duly served upon them; however, the Defendants have failed to respond 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 the outstanding payment due to the Plaintiff, and the obligation of the Defendants towards the Plaintiff is still subsisting and continuing; hence, the present suit is filed within the prescribed period of limitation.
19.That for the purpose of the relief of recovery, the suit is valued at ₹35,941/- (Rupees Thirty Five Thousand Nine Hundred and Forty One Only), together with delayed payment interest @ 18% per annum with effect from Date of last invoice. The Plaintiff has paid the appropriate court fee of ₹2,500/- in this behalf. Further, the Plaintiff undertakes to pay any deficient court fee, if so required.
20.That the captioned matter falls within the jurisdiction of this Hon'ble Court, inasmuch as, pursuant to the invoices raised by the Plaintiff (and duly accepted by the Defendants), the parties amicably agreed to confer jurisdiction upon the courts at New Delhi for the 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 jurisdiction. That the Defendants are under an obligation to make payment to the Plaintiff at the registered office of the Plaintiff (which is within this jurisdiction); hence, this Hon'ble Court has territorial jurisdiction. Moreover, the orders were placed at the registered office of the Plaintiff, meetings took place at the registered office of the Plaintiff, and the payment requests were made/raised from the registered office of the Plaintiff; hence, this Hon'ble Court has 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 jurisdiction.
21.That the present suit is valued at less than ₹3,00,000/- (Rupees Three Lakhs Only) and therefore does not fall under the Commercial Courts Act. Further, the present suit is within the period of limitation.
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 Defendants, directing the Defendants to pay the total outstanding amount of INR 35,941/- (Rupees Thirty Five Thousand Nine Hundred and Forty One Only), together with delayed payment interest @ 18% per annum with effect from Date of last invoice till the date of realisation, in favour of the Plaintiff;
b.Award interest at such rate as may be decided by this Hon'ble Court pursuant to Order VII Rule 2A of the CPC, payable from the date the amount became due till the date of filing of the captioned suit, together with interest payable from the date of institution of the captioned suit till the date of the final decree;
c.Award/impose appropriate costs of the suit, payable by the Defendants, as may be decided by this Hon'ble Court pursuant to Section 35 of the CPC; and
d.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIPLAINTIFF
THROUGH
DATED:
Date of signing of plaint
ADVOCATES
Office at: Counsel's office address
VERIFICATION:-
Verified at New Delhi on this Day of verification of plaint day of September, 20xx, that the contents of the statements made in paragraphs 1 to ….. are true to my knowledge, the statements made in paragraphs ….. to ….. are based on information received and records available, which I believe to be correct, and the statements made in paragraphs ….. to ….. are based on legal advice, and that no part of them is false nor has anything material been concealed therefrom. The last paragraph 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. Civil suit number OF 2024.
IN THE MATTER OF:-
Plaintiff name: PLAINTIFF
VERSUS
First defendant's name & ANR.: DEFENDANTS
AFFIDAVIT
I, Deponent's name, Proprietor of M/s. Plaintiff company name, having its office at Plaintiff office address, do hereby solemnly affirm and declare as hereunder:
1.That the deponent is the Proprietor of the Plaintiff Company in the accompanying suit and is thus competent to swear this affidavit.
2.That the accompanying suit has been drafted under the deponent's instructions, and the contents thereof are true and correct to the best of the deponent's knowledge and belief. Nothing material has been concealed therefrom.
3.That the contents of the accompanying suit may kindly be read as part and parcel of this affidavit, as the same are not being repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this Day of verification of affidavit day of September, 20xx, 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. Civil suit number OF 2024.
IN THE MATTER OF:-
Plaintiff name: PLAINTIFF
VERSUS
First defendant's name & ANR.: DEFENDANTS
LIST OF DOCUMENTS FILED BY THE PLAINTIFF
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | Certificate of Incorporation of the Plaintiff Company along with MCA Master Data. |
| 2. | Ledger Account maintained by the Plaintiff reflecting the outstanding due amount. |
| 3. | Copies of Tax Invoices / E-way Bills. |
| 4. | Copy of legal notice dated 31.Month of legal notice.Year of legal notice sent to the Defendants by registered post, along with postal receipt and proof of delivery. |
DELHIPLAINTIFF
THROUGH
DATED:
Date of signing list of documents
ADVOCATES
Office at: Counsel's office address
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
C.S. NO. Civil suit number OF 20xx.
IN THE MATTER OF:-
Plaintiff name: PLAINTIFF
First defendant's name & ANR.: DEFENDANTS
CERTIFICATE BY WAY OF AFFIDAVIT OF THE PLAINTIFF UNDER SECTION 63 OF THE BHARATIYA SAKSHYA ADHINIYAM (OLD SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872)
I, Deponent's name, Proprietor of M/s. Plaintiff company name, having its office at Plaintiff office address, do hereby solemnly affirm and declare as hereunder:
AFFIDAVIT IN SUPPORT OF CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1972
1.I state that I am the Proprietor of the Plaintiff Company in the above-noted case and am well conversant with the facts and circumstances of the case, and I am therefore competent to swear this affidavit.
2.I state that, for the purposes of the present case, I have printed out the following documents generated from information stored in a computer belonging to me, which is regularly used by me in the ordinary course of business:
| 1. | Certificate of Incorporation of the Plaintiff Company along with MCA Master Data. |
| 2. | Ledger Account maintained by the Plaintiff reflecting the outstanding amount due. |
| 3. | Copies of Tax Invoices / E-way Bills. |
3.The printouts of the above-mentioned documents were taken under my instructions and have been filed along with the list of documents.
4.I state that the information has been stored in the office computer, which is regularly used by me in the ordinary course of business, and the printouts have been taken under my instructions from a printer which is regularly used by me in the course of business.
5.I state that I have been advised to state that the conditions prescribed under Section 65B of the Indian Evidence Act, 1972 stand complied with in respect of these documents.
6.I state that I specifically confirm as follows:-
(a)That the computer system and printer are regularly used by me for producing the computer output and for storing such records. 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 derived from the correspondence formed part of the input which was regularly fed by me into the computer system in the ordinary course of my business activities.
(c)That the computer system used by me has been operating properly, and the documents, their accuracy and their contents have not been altered or tampered with in any manner whatsoever during the transfer process.
(d)That the information contained in the computer output is an exact replica, produced from the original electronic record, and is therefore a true reproduction of the information contained in the electronic records therein.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Day of verification of certificate affidavit day of September, 20xx, that the contents of my above affidavit are true and correct to the best of my knowledge and belief, and that nothing material or relevant has been concealed therefrom.
DEPONENT