Suit for recovery of Rs. 34,866 with interest and supporting affidavit
0 of 39 blanks filled
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, DIST. District, Courts complex COURTS, DELHI
C.S. NO. Civil suit number OF 20Year of suit filing
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Defendant's name: DEFENDANT
(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. AFFIDAVIT IN SUPPORT.
4.LIST OF DOCUMENTS ALONG WITH DOCUMENTS.
5.CERTIFICATE BY WAY OF AFFIDAVIT U/S 63 OF BSA (OLD SEC. 65B OF INDIAN EVIDENCE ACT)
6.VAKALATNAMA
DELHIPLAINTIFF
THROUGH:
DATED: Date of filing
ADVOCATES
MEMO OF PARTIES
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
DELHIPLAINTIFF
THROUGH:
DATED: Date of filing
ADVOCATES
Office at: Advocates' office address.
Mob: Advocates' mobile number
Email: Advocates' email address
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, DIST. District, Courts complex COURTS, DELHI.
C.S. NO. Civil suit number OF 20Year of suit filing
IN THE MATTER OF:-
M/S. Plaintiff firm's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S. Police station)
SUIT FOR RECOVERY OF AN AMOUNT OF INR Outstanding amount (₹)/- (Outstanding amount in words ONLY) ALONG WITH INTEREST @ 18% P.A., COSTS AND DAMAGES.
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiff is engaged, inter alia, in the business of trading and retailing of tubes, pipes, hoses and fittings and similar other products. The Plaintiff is highly reputed and has earned immense reputation 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, Delhi, and represented that his firm is a proprietorship firm and that the Defendant is the sole proprietor of M/s. Defendant's proprietorship firm name, and further represented that he manages the day-to-day operations, affairs, overall control, charge and responsibilities of the workings, transactions and business carried on in the name of the said firm. That the Defendant requested the Plaintiff to supply goods, i.e., tubes, pipes, hoses of different sizes and fittings, to the Defendant. 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 while placing the purchase orders and at the time of delivery, the Defendant categorically assured the Plaintiff of remitting timely payment of 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 quality goods had been supplied by the Plaintiff to the Defendant to his satisfaction, the Defendant was under an obligation to remit timely payment against the invoices raised upon him in respect of the goods supplied.
4.That it is further pertinent to mention that the Plaintiff raised various invoices upon the Defendant in respect of the goods supplied, and the said invoices were duly accepted and acknowledged by the Defendant. 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 amount due to the Plaintiff.
5.That the Defendant purchased goods from the Plaintiff, and the Plaintiff maintained a running account in its books of account, which are maintained in the normal course of its business. As per the said ledger of account, the total outstanding amount due and payable by the Defendant is INR Outstanding amount (₹)/- (Outstanding amount in words Only), along with interest @ 18% p.a. on the delayed payments commencing from Date of last invoice (the date of the last invoice raised upon the Defendant). In lieu 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 ordered by the Defendant from the office of the Plaintiff, the Plaintiff requested the Defendant on numerous occasions to release payment of the due amount; however, the Defendant, on one pretext or another, kept delaying and avoiding payment of the due amount to the Plaintiff.
7.That the Plaintiff, relying upon the representations and personal guarantee given by the Defendant, supplied all the products as ordered, and duly delivered the goods to the Defendant, without any default, as and when required by the Defendant.
8.It is further submitted that the Plaintiff has not received payment in respect of various goods supplied to the Defendant. Despite patiently waiting and following up with the Defendant for several months since the due date of payment of the acknowledged amount of INR Outstanding amount (₹)/- (Outstanding amount in words Only), the Defendant has failed to make the payment, as a result 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 persistently delayed the question of payment to the Plaintiff, and has 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 Defendant.
10.Further, it is apparent that the Defendant acted with mala fide intentions while availing of the services of the Plaintiff from time to time, and never intended to honour the terms and conditions of the invoices and to make payment against the acknowledged outstanding amount, coupled with the fact that, despite the personal assurances given by the Defendant, he failed even to honour the terms of business with the Plaintiff. The Defendant has deliberately delayed payment and clearance of his liability, which amounts to an unfair trade practice and has caused heavy 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 the invoices raised, an amount of INR Outstanding amount (₹)/- (Outstanding amount in words Only) is due and payable by the Defendant to the Plaintiff as on Date of last invoice raised, in addition to interest @ 18% p.a. on the delayed payments commencing from Date of last invoice (the date of the last invoice raised upon the Defendant).
12.That the Plaintiff has been trying to contact the Defendant regularly and has attempted 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 Defendant, with a mischievous and mala fide intent from the very outset, has 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 Defendant is solely and legally liable.
13.That the facts set out above clearly demonstrate 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, an amount of INR Outstanding amount (₹)/- (Outstanding amount in words) is due and payable by the Defendant 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 Defendant) until the date of realisation, in addition to payment on account of damages and costs.
15.That aggrieved by the deceitful acts of the Defendant and his 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 Defendant, whereby the Plaintiff called upon the Defendant to make payment of the amount due. The Defendant has failed to respond to the said notice till date and has failed to clear the outstanding amount demanded in the said Legal Notice.
16.That the Plaintiff is entitled to recover a sum of Recovery amount (₹)/- (Recovery amount in words), along with interest on delayed payments @ 18% p.a. from Date of last invoice till the date of realisation, from the Defendant.
17.That the Plaintiff requested the Defendant on several occasions to make the payment as mentioned above, but the Defendant has failed and neglected to make the payment due from him. 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 material was supplied to the Defendant and when the Defendant made payments towards its legally enforceable liability as per the ledger account statement. The cause of action arose in the month of Month of first supply Year of first supply when the Defendant approached the Plaintiff for the supply of goods, and from that date until Date of last supply, the Defendant placed several orders and the Plaintiff supplied the goods/material to the Defendant 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 Defendant. The cause of action further arose on Date of legal notice, when the Plaintiff issued a legal notice of demand to the Defendant, which was duly served upon the Defendant, 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 due to the Plaintiff, and the Defendant’s obligation 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 Suit valuation (₹)/- (Suit valuation in words), along with interest on delayed payments @ 18% p.a. from Date of last invoice. The Plaintiff has paid the appropriate court fee of Rs.Court fee paid (₹)/- towards the same. The Plaintiff further undertakes to pay any deficient court fee.
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 chose to confer jurisdiction upon the courts at City where the court is located 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 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. That the payment requests were made by the Plaintiff to the Defendant 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 Commercial Courts Act pecuniary limit 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 Decree amount (₹)/- (Decree amount in words), along with interest on delayed payments @ 18% p.a. from Date of last invoice till realisation, 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, for the period from the date the amount fell due till the date of filing of the captioned suit, along with interest for the period from the date of institution of the captioned suit till the date of the final decree;
c.Award/impose appropriate costs of the suit, to be 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.
City where the court is locatedPLAINTIFF
THROUGH
DATED:
ADVOCATE
VERIFICATION:-
Verified at City where the court is located on this Date of verification day of Month of verification, Year of filing 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 thereof 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 Court designation (e.g., LD. SENIOR CIVIL JUDGE); DIST. Court district; Courts complex, City where the court is located.
C.S. NO. Civil suit number OF Year of filing.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name
Defendant's name: DEFENDANT
AFFIDAVIT
I, Deponent's name, Proprietor of M/s. Plaintiff firm's 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 please 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 where the court is located on this Date of verification day of Month of verification, Year of filing 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
VERSUS
Defendant's name
Defendant's name: DEFENDANT
LIST OF DOCUMENTS FILED BY THE PLAINTIFF
| S.NO. | PARTICULARS | PAGES |
| 1. | Ledger account maintained by the Plaintiff reflecting the outstanding amount due. |
| 2. | Copies of tax invoices / e-way bills. |
| 3. | Copy of the legal notice dated Date of legal notice sent to the Defendants by registered post, along with the postal receipt and proof of delivery. |
DELHIPLAINTIFF
THROUGH
DATED:
Date of filing
ADVOCATES
Office at: Advocates' office address.
Mob: Advocates' mobile number.
Email: Advocates' email address
IN THE HON'BLE COURT OF THE 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
Defendant's name
Defendant's name: DEFENDANT
CERTIFICATE BY WAY OF AFFIDAVIT OF THE PLAINTIFF UNDER SECTION 63 OF THE BHARTIYA SAKSHYA ADHINIYAM (OLD SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872)
I, Deponent's name, Proprietor of M/s. Plaintiff firm's name, having my office at Plaintiff's office address, do hereby solemnly affirm and declare as hereunder:
1.That I am the Proprietor of the Plaintiff firm 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 purpose 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. | Ledger account maintained by the Plaintiff reflecting the outstanding amount due. |
| 2. | Copies of tax invoices / e-way bills. |
3.That the printouts of the above-mentioned documents have been taken under my instructions and have been filed along with the list of documents.
4.That the information has been stored in the office computer regularly used by me in the ordinary course of business, and the printouts have been taken under my instructions from a printer which is also 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 as part of the ordinary course of my business activities.
(c)That the computer system, as 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 faithful reproduction of the information contained in the electronic records therein.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification day of Month of verification, 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