Suit for recovery of money along with index, memo of parties, affidavit, list of documents and Section 63 BSA certificate
0 of 29 blanks filled
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
(P.S. Police station)
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:
Date of filing
ADVOCATES
Office at: Advocate's office address
New Delhi-110014.
Mob: +Advocate's mobile number
Email: Advocate's email address
IN THE HON'BLE COURT OF THE LEARNED SENIOR CIVIL JUDGE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI.
C.S. NO. Civil suit number OF 2024.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
(P.S. Police station)
MEMO OF PARTIES
M/S. Plaintiff's name,
Plaintiff's address: PLAINTIFF
VERSUS
1. First defendant's name
2. Second defendant's name
Defendants' addresses: DEFENDANTS
DELHIPLAINTIFF
THROUGH
DATED:
Date of filing
ADVOCATES
Office at: Advocate's office address
New Delhi-110014.
Mob: +Advocate's mobile number
Email: Advocate's email address
IN THE HON'BLE COURT OF THE LEARNED SENIOR CIVIL JUDGE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI.
C.S. NO. Civil suit number OF 2024.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
1. First defendant's name
2. Second defendant's name: DEFENDANTS
(P.S. Police station)
SUIT FOR RECOVERY OF AN AMOUNT OF INR Amount due (₹)/- (Amount due in words) 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 is highly reputed, having earned an immense reputation owing to its work ethic and professionalism in its field. 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's registered office address, and represented that their company is a private limited company and that the Defendants are the Partners/Directors of M/s. Defendant company name Ltd., and that they manage the day-to-day operations and affairs of the said company. That the Defendants requested the Plaintiff to supply goods, namely tubes, pipes, hoses of different sizes and fittings. In accordance with the agreed terms and conditions, the Defendants placed various verbal purchase orders for the supply of goods, and the Plaintiff duly supplied the 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 timely payment of 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 had been 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 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. 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 amount due to the Plaintiff.
5.That the Defendants purchased 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 Defendants is INR Amount due (₹)/- (Amount due in words) (the "Due 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). In consideration of the goods supplied by the Plaintiff to the Defendants, the Plaintiff raised invoices upon the Defendants seeking payment of the due amount, 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, the Plaintiff repeatedly requested the Defendants to release payment of the due amount; however, the Defendants kept deferring the matter on one pretext or another, with a view to delaying and avoiding payment of the due amount to the Plaintiff.
7.That the Plaintiff, acting upon the representations made and the personal guarantee given by the Defendants, supplied all the products ordered, and delivered the goods to the Defendants in a timely manner, as and when required, 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. Despite patiently awaiting payment of the acknowledged amount of INR Amount due (₹)/- (Amount due in words) and following up with the Defendants over several months, the Defendants have failed to make payment, thereby compelling the Plaintiff 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 have persistently deferred 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 owing to the lackadaisical approach of the Defendants.
10.It is further apparent that the Defendants acted with mala fide intentions in 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; further, despite the personal assurances given by the Defendants, they did not even honour the terms of business with the Plaintiff. The Defendants have deliberately delayed payment and the discharge of their liability, which amounts to an unfair trade practice and has caused substantial 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 and unpaid outstanding amount. That, despite invoices having been raised up to Date of last invoice, an amount of INR Amount due (₹)/- (Amount due in words) 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 made several attempts to meet their officials/representatives; however, all such requests of the Plaintiff have gone in vain. That despite numerous requests made by the Plaintiff, the Defendants, acting with mala fide intent from the very outset, have repudiated the requests of the Plaintiff. 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 liable in law.
13.That it is axiomatic from the facts stated above that the Defendants have cheated the Plaintiff with dishonest and mala fide intentions. Thus, the Defendants have caused wrongful loss to the Plaintiff and corresponding wrongful gain to themselves.
14.That as per the ledger account maintained by the Plaintiff, an amount of INR Amount due (₹)/- (Amount due in words) is due and payable by the Defendants to the Plaintiff, along with interest @ 18% p.a. on the delayed payments, calculated from Date of last invoice (the date of the last invoice raised upon the Defendants) till 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 Defendants and their failure to pay the amount due and payable, the Plaintiff was constrained to issue a Legal Notice dated Date 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. The Defendants have failed to respond to the said notice till date and have failed to clear the outstanding amount demanded in the said Legal Notice.
16.That the Plaintiff is entitled to recover a sum of INR Amount due (₹)/- (Amount due in words), along with delayed payment interest @ 18% p.a. calculated from Date of last invoice (the date of the last invoice raised upon the Defendants) till the date of realization, from the Defendants.
17.That the Plaintiff requested the Defendants on several occasions to make the payment as mentioned above; however, the Defendants have failed and neglected to make the payment due from them. The Plaintiff, being left with 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 goods were supplied to the Defendants and when the Defendants made payments towards their legally enforceable liability as per the ledger account statement. That the cause of action arose in the month of Month of first order 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. That 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. That the cause of action further arose on Date of legal notice, when the Plaintiff issued a legal notice of demand to the Defendants, which was duly served upon them, but the Defendants 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 INR Amount due (₹)/- (Amount due in words), along with delayed payment interest @ 18% p.a. calculated from Date of last invoice. The Plaintiff has paid the appropriate court fee of Rs. Court fee paid (₹)/- towards the same. Further, the Plaintiff undertakes to pay any deficient court fees, if required.
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 Defendants), the parties amicably agreed to confer jurisdiction upon the courts at Place/city where the suit is filed for the resolution of disputes between them. Further, 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 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 Commercial Courts Act monetary threshold (₹) rupees 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 make payment of the total outstanding amount of INR Amount due (₹)/- (Amount due in words), along with delayed payment interest @ 18% p.a. calculated from Date of last invoice till its 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 till the date of filing of the captioned suit, along with interest 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.
Place/city where the suit is filedPLAINTIFF
THROUGH
DATED:
Date of filing
ADVOCATES
Office at: Advocate's office address
Mob: +Advocate's mobile number
Email:
VERIFICATION:-
Verified at Place/city where the suit is filed on this Date of verification day of Month and year of verification 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 available on record, which I believe to be correct, and the statements made in paragraphs ….. to ….. are based on legal advice; no part of it 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. CENTRAL, TIS HAZARI COURTS, Place/city where the suit is filed.
C.S. NO. Civil suit number OF 2024.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
I, Deponent's name, Proprietor of M/s. Plaintiff company 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 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 plaint may kindly be read as part and parcel of this affidavit, as the same are not being reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this Date of verification day of Month and year of verification that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part thereof is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: 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 amount due. |
| 3. | Copies of Tax Invoices / E-way Bills. |
| 4. | Copy of legal notice dated Date of legal notice issued to the Defendants by registered post, along with postal receipt and proof of delivery. |
DELHIPLAINTIFF
THROUGH
DATED: Date of filing
ADVOCATES
Office at: Advocate's office address
Mob: Advocate's mobile number
Email:
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
C.S. NO. Civil suit number OF 2024
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendants' names: DEFENDANTS
CERTIFICATE BY WAY OF AFFIDAVIT OF THE PLAINTIFF UNDER SECTION 63 OF THE BHARTIYA SAKSHYA ADHINIYAM (CORRESPONDING TO THE 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's office address, do hereby solemnly affirm and declare as under:
1.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 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 the computer belonging to me, which is regularly used by me in the ordinary course of my 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.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 my business, and the printouts have been taken therefrom under my instructions from a printer which is 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 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 process of transfer.
(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 Date of verification day of Month and year of verification 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