Suit for recovery of Rs. 3,27,459.16 with affidavit and memo of parties
0 of 27 blanks filled
IN THE COURT OF Name of the court
C. SUIT No. Suit number OF Year of filing
IN THE MATTER OF :-
Plaintiff company's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
I N D E X
S.No.PARTICULARS PAGES
1.MEMO OF PARTIES.
2.SUIT FOR RECOVERY, WITH AFFIDAVIT.
3.LIST OF DOCUMENTS ALONGWITH ANNEXURES.
4.VAKALATNAMA.
DELHIPLAINTIFF
THROUGH
DATED
Signature of plaintiff
ADVOCATE
Date of signing by plaintiff
IN THE COURT OF Name of the court
C. SUIT No. Suit number OF Year of filing
IN THE MATTER OF :-
Plaintiff company's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
MEMO OF PARTIES
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
DELHIPLAINTIFF
THROUGH
DATED
Signature of plaintiff
ADVOCATE
Date of signing by plaintiff
IN THE COURT OF Name of the court
C. SUIT No. Suit number OF Year of filing
IN THE MATTER OF :-
Plaintiff company's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
SUIT FOR RECOVERY OF Amount of recovery suit (Amount in words) ALONGWITH INTEREST PENDENTE LITE AND FUTURE INTEREST AND COSTS OF THE SUIT.
MOST RESPECTFULLY SHOWETH :-
1.That the Plaintiff, Plaintiff company's name, is one of India's reputed companies in the field of communication and electronics and provides optimum services to companies engaged in a similar trade. That the Plaintiff, being aggrieved by the acts of the Defendant, has approached this Hon'ble Court for redressal of the grievances meted out to it by the Defendant. That the Director/Authorised Representative of the Plaintiff company is competent and empowered to sign and verify the pleadings and to institute the present suit.
2.That the Defendant approached the Plaintiff and expressed eagerness to work with the Plaintiff, and for the past Period of business association, the Defendant has been associated with the Plaintiff and has placed regular orders upon the Plaintiff.
3.That the Defendant placed orders upon the Plaintiff, and the goods purchased were delivered on time by the Plaintiff, and invoices were raised from time to time. However, the Defendant has consistently made late payments to the Plaintiff, and in order to continue the business relations with the Defendant, the Plaintiff continued to tolerate this situation of delayed payments.
4.That the last outstanding balance due towards the Plaintiff from the Defendant pertains to the financial year Financial year of outstanding dues, and as per the Plaintiff's ledger account, the same amounts to Amount of recovery suit/-.
5.That the Plaintiff supplied all products in accordance with the Defendant's purchase orders, and the same were delivered on time upon issuance of the road permit from the Defendant's end; however, the Defendant has been uncooperative and has consistently delayed the issue of payment to the Plaintiff. That such a situation has resulted in loss to the Plaintiff on account of the Defendant's lackadaisical approach.
6.Further, it is apparent that the Defendant acted with mala fide intentions while placing purchase orders from time to time and never had the intention of paying the amounts due to the Plaintiff.
7.That all the representations made by the Defendant were false and were made in order to cheat the Plaintiff. In addition, it is clear that the Defendant never intended to pay the entire money due to the Plaintiff, and in discharge of the amounts due, the Defendant made part-payments only, and that too after long persuasion and reminders from the Plaintiff.
8.Moreover, the Defendant has been raising baseless and frivolous credit notes against the payments due to the Plaintiff, and the same were duly answered and explained by the Plaintiff in an email dated Date of reply email regarding credit notes, wherein each credit note raised by the Defendant was duly explained by the Plaintiff as to how much amount was payable.
9.That due to the delay on the part of the Defendant in fulfilling its part of the obligations, the Plaintiff is facing losses, for which the Defendant is wholly liable. That the said amount has long been due, and even after repeated reminders, the Defendant has failed to make good the payment so due.
10.That the facts emerging from the above clearly show that the Defendant has cheated the Plaintiff with dishonest, mala fide intentions and ulterior motives.
11.That, being constrained, the Plaintiff was left with no alternative but to send, through its counsel, a legal notice dated Date of legal notice, calling upon the Defendant to pay the outstanding amount of Amount of recovery suit along with interest and other charges accruing thereon, within the time stipulated therein.
12.That the Defendant is not cooperating with the Plaintiff and is deliberately avoiding its obligations to pay the money; as such, the Plaintiff has been left with no other remedy except to approach this Hon'ble Court, and the Plaintiff reserves its right to initiate a criminal complaint against the Defendant, including for criminal breach of trust, in addition to cheating and criminal conspiracy.
13.That the Plaintiff tried to contact the Defendant to apprise it of the fact of the outstanding amount; however, the Defendant paid no heed to the requests of the Plaintiff and instead put off the matter on one pretext or another, and thus the payment of the said amount still remains due from the Defendant.
14.That upon the persistent demands made by the Plaintiff upon the Defendant to liquidate the outstanding payment of Amount of recovery suit, the Defendant assured, even at the time of delivery and installation of the products, that the outstanding amount would be paid. However, despite the assurances and representations held out, the Defendant has failed and neglected to make payment of the due amount, or any part thereof, to the Plaintiff till date.
15.That it is evident that the Defendant, wilfully and with mala fide intentions, deliberately put the Plaintiff to loss, and its false representations induced the Plaintiff to supply the products to the Defendant, with no intention of repaying the entire amount due to the Plaintiff.
16.That the Plaintiff has filed a list of all relevant documents which are in the power and possession of the Plaintiff. The Plaintiff seeks liberty to file such other documents as may be found necessary at a subsequent stage of the proceedings.
17.That the casual and lackadaisical approach of the Defendant has resulted in undue losses, inconvenience and harassment to the Plaintiff. Since the Defendant has failed and neglected to make payment of the aforesaid amount, the Plaintiff is suffering financial hardship.
18.That the Defendant is also liable to pay interest on the outstanding amount at the agreed rate of interest. That the Defendant has failed and neglected to liquidate the outstanding amount despite repeated requests and demands, and a sum of Amount of recovery suit is now due and payable by the Defendant to the Plaintiff, together with interest as under :-
a.Balance due and outstanding: Amount of recovery suit.
b.Interest @ 18% per annum on the aforesaid amount till the date of payment.
19.That the cause of action for the institution of the suit in favour of the Plaintiff and against the Defendant arose as stated hereinabove. It first arose when the Defendant approached the Plaintiff for the supply of goods at the office of the Plaintiff firm and assured payment thereof, and in reliance upon the representation and assurance given by the Defendant, the Plaintiff supplied the goods on time. The cause of action again arose when the supply/dispatch of the goods was made from the office of the Plaintiff firm. It further arose on Date of non-payment after legal notice, when the Defendant, despite receipt of the legal notice, failed to pay the due amount to the Plaintiff. The cause of action, as such, is within time, subsisting and continuing.
20.That the valuation of the suit for the purposes of court fee and jurisdiction is stated at Rs. Valuation for court fee and jurisdiction, which is also the valuation for determining the jurisdiction of this Hon'ble Court, and the requisite court fee has been paid by the plaintiff.
21.That the plaintiff has its registered office at Registered office place of plaintiff. The substantial cause of action has arisen within the jurisdiction of this Hon'ble Court, inasmuch as the orders were placed at the office of the plaintiff, the invoices were raised at the office of the plaintiff, and the dispatch of the goods was also made from the premises of the plaintiff. As such, this Hon'ble Court has jurisdiction to try and entertain the present suit.
In the facts and circumstances of the case and in the interest of justice, it is most respectfully prayed that this Hon'ble Court may be pleased to:
a)pass a decree for a sum of Amount of recovery suit in favour of the plaintiff and against the defendant;
b)award interest at the rate of 18% per annum pendente lite and future on the suit amount till the date of realization;
c)award the costs of the suit; and
d)pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIPLAINTIFF
THROUGH
DATED
Signature of plaintiff
ADVOCATE
Date of signing by plaintiff
VERIFICATION :-
Verified at Place of verification on this Date of verification day of Month and year of verification of plaint that the contents of paragraphs 1 to Last paragraph number of plaint of the above plaint are true to my knowledge, and the paragraphs based on information and legal advice received are believed by me to be correct. The last paragraph is the prayer to this Hon'ble Court.
PLAINTIFF
IN THE COURT OF LD. CIVIL JUDGE, ROHINI COURTS, DELHI.
C. SUIT No. Suit number OF 2016.
IN THE MATTER OF :-
Plaintiff company's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
Affidavit of Mr. Name of authorised representative (AR), Authorised Representative of Plaintiff company's name, having its office at Office address of plaintiff company, who do hereby solemnly affirm and declare as under:-
1.That I am the Authorised Representative of the plaintiff company in the above-noted matter; I am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2.That I have signed, verified and instituted the present suit for recovery for and on behalf of the plaintiff company.
3.That the contents of the paragraphs of the accompanying plaint have been drafted by my counsel as per my instructions; the contents thereof have been duly read and understood by me, and having fully understood the same, I state that the facts stated therein are true and correct to my knowledge.
4.That the contents of the accompanying plaint be read as part and parcel of the present affidavit, as the same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification of affidavit day of Month and year of verification of affidavit that the contents of paragraphs 1 to 4 of my above affidavit are true and correct. No part of it is false and nothing material has been concealed therefrom.
DEPONENT
DELHIPLAINTIFF
THROUGH
DATED
Signature of deponent
ADVOCATE
Date of signing by deponent