IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________ …DEFENDANT
INDEX
|
S. No. |
Particulars |
Page No. |
|
1.
|
Court Fees |
|
|
2.
|
Memo of Parties |
|
|
3.
|
Suit
for Recovery |
|
|
4.
|
Statement of Truth |
|
|
5.
|
List of Reliance |
|
|
6.
|
List of Documents along with documents
relied by plaintiff. |
|
|
7.
|
Non Starter Report from the Central District
Legal Service Authority |
|
|
8.
|
Vakalatnama |
|
Plaintiff
Through
Date:
Place: New Delhi
Advocate
IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________
…DEFENDANT
COURT FEES
Plaintiff
Through
Advocate
Date:
Place:
New Delhi
IN THE COURT OF DISTRICT JUDGE, NORTH WEST
DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________
…DEFENDANT
MEMO OF PARTIES
----------
S/o
______
…Plaintiff
Versus
----------
S/o
…Defendant
Plaintiff
Through
Advocate
Date:
Place:
New Delhi
IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________ …DEFENDANT
SUIT
FOR RECOVERY OF RS. ____/- (RUPEES____________) ALONG WITH PENDENTE LITE
INTEREST AND FUTURE INTEREST @18 % P.A
Value
for purpose of court : Rs._________/-
Fees
and jurisdiction
Court
Fees affixed :
Rs. ______/-
MOST
RESPECTFULLY SHOWETH:
1. That the
plaintiff is the
lawful owner of a freehold property situated at _______(hereinafter referred to
as "the demised property"). The property consists of a commercial
space, specifically a______. Additionally, the demised property is equipped
with an________The site plan of the demised property is annexed with this suit.
2. That the
defendant is
engaged______________. The copy of lease agreement dated ________is annexed
with this suit.
3. That
the above captioned suit arises from said lease agreement relating to immovable
property used solely for trade or commercial purposes and constitutes a
commercial dispute.
4. That as
per the terms of the
said registered lease agreement, the monthly rent was mutually agreed upon as
follows:
5. That the
said lease agreement further
stipulated that the lease could be terminated by either party by giving one
month's prior notice in writing. It was expressly agreed that ______________action
to recover possession of the demised property in case of non-payment of rent or
any other breach of the said lease agreement.
6. That
the defendant has consistently been irregular towards paying the monthly rent
since the early months of the tenancy _____________
7. That the
plaintiff, being
aggrieved by the non-payment of rent and the defendant's continued possession
of the demised property, was left with no other option but to issue a legal
notice. Accordingly, a legal notice dated ________was issued to the defendant,
calling upon him to vacate the demised property and hand over actual vacant
possession to the plaintiff. The copy of legal notice dated ________is annexed
with this suit.
8. That
the Defendant's failure to pay the outstanding rent and failure to vacate the
demised property is causing significant financial hardship and considerable
mental distress to the Plaintiff. The prolonged delay has resulted in undue
stress and anxiety, severely impacting the Plaintiff’s overall well-being
9. That it is
pertinent to mention
that as per the terms of the said lease agreement, ____________________. The
relevant extracts from the lease agreement dated _______are as follows:
10. That the
lease stood terminated
on _______ when the legal notice terminating the lease was served upon the
defendant. Accordingly, the defendant is liable to pay the following amounts to
the plaintiff:
11. That,
in accordance with the terms of the said lease agreement, the tenancy in
respect of the demised property was lawfully terminated one month following the
service of the legal notice on the defendant, i.e., on______. Despite the
termination of the lease, the defendant has failed to vacate the property and
continues to occupy it without any legal authority. As such, the defendant is
now an unauthorized occupant and is liable to be evicted from the demised
property in accordance with the law.
12. That the
defendant, by
retaining possession of the demised property without any legal right or
authority, is in violation of the terms of the lease and has caused financial
loss to the plaintiff. The defendant is also liable to pay damages for the
illegal occupation of the property after the termination of the lease, in
addition to the outstanding rent.
13. That
as on date, an amount of Rs. _______________is pending towards the defendant.
The plaintiff is also entitled to an interest of 18% per annum thereon till the
payment by the defendant to the plaintiff and also pendent lite interest.
14. That
the Plaintiff had also filed an application for Pre-Institution Mediation
before the District Legal Services Authority on _____, 20xx. However, the
mediation efforts were unsuccessful. The copy of Non Starter report dated _________is annexed
with this suit.
15. That
the cause of action for filing the present suit first arose___________and is continuing in
nature,
with a deliberate intention to cause financial losses to the plaintiff.
16. That
the Plaintiff most humbly submits that the subject matter of the present suit
is ‘commercial dispute’ as defined in the Section 2(1)(c) of the Commercial Court
Act, 2005 and no similar category of commercial suit has been filed by the
Plaintiff.
17. That
the plaintiff’s commercial property____________. The said demised property is
situated within the jurisdiction of this Hon'ble Court. Therefore, the cause of
action between the parties arose within the territorial jurisdiction of this
Hon'ble Court. Therefore, this Hon’ble Court has got the jurisdiction to
entertain and try the present suit.
18. That
the dispute between the plaintiff and the defendant involves a monetary value
exceeding Rs. ________thereby falling within the pecuniary jurisdiction of this
Hon'ble Court. Therefore, this Hon’ble Court has got the jurisdiction to
entertain and try the present suit.
19. That
the balance of convenience in the present case lies in the favor of the
Plaintiff and against the defendant.
20. The
present suit has been filed within the prescribed period of limitation.
21. That
for the purposes of Court Fees and jurisdiction the present suit is valued at Rs
______/- (_____________) on which the requisite court fees of Rs._______ has
been paid.
22. That
the present suit being filed by the plaintiff against the defendant is the
first suit and no such suit has been previously filed, pending or decided by
the court of law on the same subject matter.
PRAYER
In
view of the aforesaid facts and circumstances, it is most respectfully prayed
before this Court to:
a) Pass a
decree of eviction
against the defendant, directing him to vacate the demised property bearing No_______,
and hand over actual vacant possession to the plaintiff;
b) Pass a
decree for the recovery of Rs. _____/-
(Rupees______) towards the outstanding rent, damages for illegal occupation,
cost of legal notice, and litigation expenses, along with interest @ 18% per
annum from the date of filing of the suit till realization;
c) Award the
costs of the present suit in favor of the
plaintiff and against the defendant; and
d) Pass such
other and further orders
as this Hon'ble Court may deem fit and proper in the interest of justice.
Plaintiff
Through
Advocate
Date:
Place:
New Delhi
VERIFICATION:
Verified
at New Delhi, on ___ day of _____ 2024 that I am the above named plaintiff and
I do hereby solemnly verify that the contents of paragraph No. __ to __ are
true and correct to my knowledge and Paragraph No. __ to __ are based on legal
advice and last paragraph is the prayed clause to this Hon’ble Court and
nothing material has been concealed thereof.
Plaintiff
IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________
…DEFENDANT
AFFIDAVIT
I,
_____, S/o______, R/_______do hereby solemnly affirm and declare as under: -
1. That
I am the Plaintiff in the above suit and is well conversant with the facts and
circumstances of the instant matter and as such duly competent to swear the
present affidavit.
2. I
state that the accompanying suit has been drafted on my instruction by my
counsels and I have read the contents of the same and the same have also been
read over to me in vernacular and the same are true and correct.
3. That
the facts stated in the suit may be read as part and parcel of this affidavit
which are not being repeated herein for the sake of brevity
DEPONENT
VERIFICATION
Verified
at New Delhi on this ____ day of _______ that the contents of the above
affidavit are true and correct to the best of my knowledge and nothing material
has been concealed therefrom.
DEPONENT
IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________
…PLAINTIFF
Versus
_____________ …DEFENDANT
STATEMENT
OF TRUTH
(Under
Frist Schedule, Order VI Rule 15 A and Order X – Rule 1 CPC)
Statement
of Truth by_______, S/o__________, R/o____________ do hereby solemnly affirm
and declare as under:-
1.
I am plaintiff in the present suit and
being so I am competent to swear the present affidavit.
2.
I am sufficiently well conversant with
the fact and circumstances of the instant matter and have examined all relevant
document record in relation thereto.
3.
I say that the statements made in
Paragraph No. __ - ___ are derived from the record of plaintiff and the same
are believed by me to be to the best of my knowledge and the statements made in
Paragraph No. __ - ___ are legal advice and the statements made in the last
Paragraph is the prayer clause to this Hon’ble Court.
4.
I say that there is no false or
concealment of any material facts, documents or records and I have included
information that is according to me relevant for the present suit.
5.
I say that almost all the documents are
in my power, possession, control and custody pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies
there of annexed with the plaint, and that these are the only documents
available in my power, possession, control and custody at this stage.
6.
I say that above mentioned pleadings
comprise of ___ pages, each of which has been signed by me.
7.
I say that the Annexures hereto are the
true copies of the documents referred to and relied upon by me.
8.
I say that I am aware that for any false
statement or concealment, I shall be liable for action taken against me under
the law.
DEPONENT
VERIFICATION
Verified
at New Delhi on this ____ day of October 2024 that the contents of the above
affidavit are true and correct to the best of my knowledge and nothing material
has been concealed therefrom.
DEPONENT
IN
THE COURT OF DISTRICT JUDGE, NORTH WEST DISTRICT, ROHINI COURT, DELHI
C
S COMMERCIAL SUIT No. ________/2024
IN
THE MATTER OF:
_____________ …PLAINTIFF
Versus
_____________
…DEFENDANT
DOCUMENTS
RELIED UPON
|
S.
No |
Details
of Document |
Document
in Power/Possession/Control/Custody of |
Original/
Photocopy of office copy/ office copy |
Mode
of Execution/Issuance or Receipt |
Line
of Custody |
Pages |
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1. |
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2. |
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3. |
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4. |
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Plaintiff
Through
Advocate
Date:
Place:
New Delhi
