Plaint for recovery of ₹75,022 with interest, costs and damages
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IN THE HON’BLE COURT OF THE LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, Court complex number COURTS, DELHI
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Proprietor of Defendant's firm name: DEFENDANT
(P.S. Police station of defendant's address)
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, ALONG WITH AFFIDAVIT IN SUPPORT.
4.LIST OF DOCUMENTS ALONG WITH DOCUMENTS.
5.CERTIFICATE BY WAY OF AFFIDAVIT UNDER SECTION 63 OF THE BSA (FORMERLY SECTION 65B OF THE INDIAN EVIDENCE ACT).
6.VAKALATNAMA.
DELHIPLAINTIFF
THROUGH
DATED:
ADVOCATES
IN THE HON’BLE COURT OF THE LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, Court complex number COURTS, DELHI
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Proprietor of Defendant's firm name: DEFENDANT
(P.S. Police station of defendant's address)
MEMO OF PARTIES
Plaintiff's name: PLAINTIFF
VERSUS
**Defendant's name: DEFENDANT**
DELHIPLAINTIFF
THROUGH
DATED:
ADVOCATES
IN THE HON’BLE COURT OF THE LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, Court complex number COURTS, DELHI
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S. Police station of defendant's address)
SUIT FOR RECOVERY OF AN AMOUNT OF INR 75,022/- (RUPEES SEVENTY-FIVE THOUSAND AND TWENTY-TWO 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 other similar products. The Plaintiff enjoys a high reputation and has earned immense goodwill owing to its work ethics and professionalism in its field. That the Plaintiff has a large pool of reputed customers who can vouch for its genuineness, commitment and professionalism.
2.That the Defendant approached the Plaintiff at its registered office at Plaintiff's registered office address and assured the Plaintiff that his firm is a proprietorship concern and that the Defendant is the sole proprietor of M/s. Defendant's firm name. The Defendant further represented that he manages the day-to-day operations, affairs, overall control, charge and responsibilities of the workings, all transactions and businesses carried out in the name of the said firm. That the Defendant approached the Plaintiff with a request to supply goods, namely tubes, pipes, hoses of different sizes and fittings. In accordance with the agreed terms and conditions, the Defendant placed various verbal purchase orders for the supply of goods with the Plaintiff, 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 Defendant categorically assured the Plaintiff of remitting timely payment against the invoices raised upon the Defendant by the Plaintiff.
3.That it is pertinent to mention that all the goods supplied to the Defendant were readily accepted by the Defendant without any objection or demur. That, since goods of the requisite quality were supplied by the Plaintiff to the satisfaction of the Defendant, the Defendant was under an obligation to remit timely payment against the invoices raised upon the Defendant in respect of the goods supplied to the Defendant.
4.That it is further pertinent to mention that the Plaintiff raised various invoices upon the Defendant in respect of 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 payments to the Plaintiff on a running-account basis; however, till date, the Defendant has failed to make complete payment of the entire due amount to the Plaintiff.
5.That the Defendant 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 maintained by the Plaintiff, the total outstanding amount due and payable by the Defendant is INR 75,022/- (Rupees Seventy-Five Thousand and Twenty-Two Only) Outstanding amount, along with interest @ 18% p.a. on the delayed payments with effect from Day of last invoice date.Month of last invoice date.2022 (the date of the last invoice raised upon the Defendant). In consideration of the goods supplied by the Plaintiff to the Defendant, the Plaintiff raised invoices upon the Defendant requesting payment of the due amount, and the said invoices were duly accepted and acknowledged by the Defendant.
6.It is further submitted that, subsequent to the delivery of the goods to the Defendant — the orders for which were placed by the Defendant at the office of the Plaintiff — the Plaintiff requested the Defendant on numerous occasions to release payment of the due amount. However, the Defendant, by one means or another and on one pretext or another, kept deferring the matter in order to delay or avoid payment of the due amount to the Plaintiff.
7.That the Plaintiff, reposing faith in the representations as well as the personal guarantee given by the Defendant, supplied all the orders/products as engaged for, and the Plaintiff duly supplied the products to the Defendant, with timely delivery of the goods as and when required by the Defendant, without any default.
8.It is further submitted that the Plaintiff has, till date, not received payment in respect of various goods supplied to the Defendant. That despite patiently waiting for several months and repeatedly chasing the Defendant for payment of the acknowledged amount of INR 75,022/- (Rupees Seventy-Five Thousand and Twenty-Two Only), the Defendant has failed to make the payment, in consequence of which the Plaintiff has been constrained 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 continuously evaded the issue of payment to the Plaintiff, and has taken undue advantage of the Plaintiff’s services. That the lackadaisical approach of the Defendant has resulted in loss to the Plaintiff.
10.Further, it is apparent that the Defendant acted with mala fide intentions while availing the services of the Plaintiff from time to time, and never intended to honour the terms and conditions of the invoices or to make payment against the acknowledged outstanding amount. That, coupled with this, despite the personal assurances given by the Defendant, the Defendant failed to honour the terms of business with the Plaintiff. That the Defendant has been deliberately delaying payment and the clearing of its liability, which amounts to an unfair trade practice and has caused heavy cost 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 due amount. That, despite invoices having been raised up to Day of last invoice date.Month of last invoice date.2022, an amount of INR 75,022/- (Rupees Seventy-Five Thousand and Twenty-Two Only) remains due and payable by the Defendant to the Plaintiff, in addition to interest @ 18% p.a. on the delayed payments with effect from Day of last invoice date.Month of last invoice date.2022 (the date of the last invoice raised upon the Defendant).
12.That the Plaintiff has been regularly attempting to contact the Defendant and has sought to meet the Defendant’s officials/representatives on several occasions; however, all such requests of the Plaintiff have gone in vain. That, despite the numerous requests made by the Plaintiff, the Defendant, acting with mischievous and mala fide intent from the outset, has repudiated the requests of the Plaintiff. That, till date, the Plaintiff has been made to suffer huge financial losses, including loss of business opportunities, which has caused severe hardship to the Plaintiff, for which the Defendant is solely and legally liable.
13.That the aforesaid facts clearly establish that the Defendant has cheated the Plaintiff with dishonest and mala fide intentions, thereby causing wrongful loss to the Plaintiff and wrongful gain to himself.
14.That as per the ledger account maintained by the Plaintiff, a sum of INR 75,022/- (Rupees Seventy Five Thousand and Twenty Two Only) is due and payable by the Defendant to the Plaintiff, along with interest @18% p.a. on the delayed payments, commencing from Day of last invoice date.Month of last invoice date.Year of last invoice (the date of the last invoice raised upon the Defendant) until the date of realization, in addition to payment on account of damages and costs.
15.That aggrieved by the deceitful and deliberate acts of the Defendant, and by his failure to pay the amount due and payable, the Plaintiff was constrained to issue a Legal Notice dated Day of legal notice date.Month of legal notice date.Year of legal notice (hereinafter referred to as the “Legal Notice”) upon the Defendant, whereby the Plaintiff called upon the Defendant to make payment of the amount due. The Defendant failed to respond to the said Legal Notice till date and has failed to clear the outstanding amount as demanded therein.
16.That the Plaintiff is entitled to recover a sum of INR 75,022/- (Rupees Seventy Five Thousand and Twenty Two Only), along with interest on delayed payment @18% p.a. commencing from Day of last invoice date.Month of last invoice date.Year of last invoice till the date of realization, from the Defendant.
17.That the Plaintiff requested the Defendant on several occasions to make the payment as aforesaid, but the Defendant has failed and neglected to make the payment due from him. The Plaintiff, having no other option, has been constrained to approach this Hon’ble Court for recovery of the outstanding amount.
18.That the cause of action for filing the present suit arose on various occasions when the material was supplied to the Defendant and when the Defendant made payments towards his legally enforceable liability as per the ledger account statement. The cause of action arose in the month of Month when cause of action arose Year when cause of action arose when the Defendant approached the Plaintiff for supply of goods, and thereafter, up to Day of last supply date.Month of last supply date.Year of last supply, the Defendant placed several orders and goods/material were supplied to him on a running account basis. The cause of action further arose on Day of last invoice date.Month of last invoice date.Year of last invoice when the Plaintiff raised the last invoice against the goods supplied to the Defendant. The cause of action further arose on Day of legal notice date.Month of legal notice date.Year of legal notice when the Plaintiff issued a legal notice of demand to the Defendant, which was duly served upon him, but the Defendant failed to respond to the said notice till date. The cause of action for the present suit is a continuing and recurring cause of action, as the Defendant has failed to clear the outstanding payment to the Plaintiff and the obligation of the Defendant 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 INR 75,022/- (Rupees Seventy Five Thousand and Twenty Two Only), along with interest on delayed payment @18% p.a. commencing from Day of last invoice date.Month of last invoice date.Year of last invoice. The Plaintiff has paid the appropriate court fee of Court fee amount towards the same. The Plaintiff further undertakes to pay any deficient court fees.
20.That the captioned matter falls within the jurisdiction of this Hon’ble Court, as pursuant to the invoices raised by the Plaintiff (and duly accepted by the Defendant), the parties amicably agreed to confer jurisdiction upon the courts at City of agreed jurisdiction 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. The Defendant is 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 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. The payment requests were made by the Plaintiff to the Defendant from 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 Rs. 3,00,000/- 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 Defendant, directing the Defendant to make payment of the total outstanding amount of INR 75,022/- (Rupees Seventy Five Thousand and Twenty Two Only), along with interest on delayed payment @18% p.a. commencing from Day of last invoice date.Month of last invoice date.Year of last invoice till realization, to 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, from the date it fell due until the date of filing of the captioned suit, along with interest from the date of institution of the captioned suit until the date of the final decree;
c.Award/impose appropriate costs of the suit, 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 as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
Court cityPLAINTIFF
THROUGH
DATED:
ADVOCATES
VERIFICATION:-
Verified at City of verification on this Day of verification of plaint day of Month of verification of plaint, Year of verification of plaint 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 believed by me to be correct; and the statements made in paragraphs …… to …… are based on legal advice, no part of which is false and nothing material has 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. Court district, Court complex number COURTS, Court city.
C.S. NO. Civil suit number OF Year of suit number.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Proprietor of M/s. Defendant's firm name: DEFENDANT
AFFIDAVIT
I, Deponent's name, Proprietor of M/s. Plaintiff's firm name, having its office at Plaintiff's office address, do hereby solemnly affirm and declare as hereunder:
1.That the deponent is the Proprietor of the Plaintiff firm 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 City of verification on this Day of verification of affidavit day of Month of verification of plaint, Year of verification of plaint 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 THE LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, Court complex number COURTS, DELHI.
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Proprietor of M/s. Defendant's firm name: DEFENDANT
LIST OF DOCUMENTS FILED BY THE PLAINTIFF
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | The ledger account maintained by the plaintiff, reflecting the outstanding amount due. |
| 2. | Copies of the tax invoices / e-way bills. |
| 3. | Copy of the legal notice dated Day of legal notice date.Month of legal notice date.2024, sent to the defendant by registered post, along with the postal receipt and proof of delivery. |
DELHIPLAINTIFF
THROUGH
DATED:
ADVOCATES
IN THE HON'BLE COURT OF THE LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, Court complex number COURTS, DELHI.
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Proprietor of M/s. Defendant's firm name: DEFENDANT
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. Defendant's firm name, having its office at Plaintiff's office building and street, Floor number of plaintiff's office Floor, Locality of plaintiff's office, do hereby solemnly affirm and declare as under:
1.That I am the proprietor of the plaintiff concern in the above-noted case, and I am well conversant with the facts and circumstances of the case, and as such I am competent to swear this affidavit.
2.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. | The ledger account maintained by the plaintiff, reflecting the outstanding amount due. |
| 2. | Copies of the tax invoices / e-way bills. |
3.That the printouts of the abovementioned documents were taken under my instructions and have been filed along with the list of documents.
4.That the information was stored in the office computer regularly used by me in the ordinary course of business, and the printouts were taken under my instructions from a printer regularly used by me in the course of business.
5.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.That I in particular confirm:-
(a)That the computer system and printer are regularly used by me to produce the computer output and to store 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 from the correspondence formed part of the input 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 a true reproduction of the information contained in the electronic records therein.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Day of verification of certificate day of Month and year of verification of certificate 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