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IN THE COURT OF
HON’BLE SENIOR CIVIL JUDGE
___________________
CASE NO._______
In
The Matter Of:
________________________ …..PLAINTIFF
VERSUS
_______________________ …DEFENDANT
INDEX
|
S.No |
Particulars |
Page No. |
|
1. |
Memo
of Parties |
|
|
2. |
Recovery
suit filed by the Plaintiff |
|
|
3. |
Affidavit |
|
Through
Advocate
New Delhi
Date
IN THE COURT OF
HON’BLE SENIOR CIVIL JUDGE
___________________
CASE NO._______
In
The Matter Of:
________________________ …..PLAINTIFF
VERSUS
_______________________ …DEFENDANT
MEMO
OF PARTIES
______________
Through
_____________
…..PLAINTIFF
VERSUS
_____________
R/o
…DEFENDANT
Through
Advocate
New Delhi
Date
IN THE COURT OF
HON’BLE SENIOR CIVIL JUDGE
___________________
CASE NO._______
In
The Matter Of:
________________________ …..PLAINTIFF
VERSUS
_______________________ …DEFENDANT
SUIT FOR RECOVERY FOR OUTSTANDING DUES
MOST
RESPECTFULLY SHOWETH:
1. That the Plaintiff is __________.
2. That the plaintiff is one of the best service providers in ____ and provides quality services and facilities of highest quality and competence to the customers and the same demands a corresponding fees for continuance of such activities.
3. That the Defendant is the ____________thereby entering into a private contract in pursuance of which plaintiff offers services and facilities to the customers (to defendant in the present suit) and in consideration to the contract, customers pay service fees.
4. That the defendant on entering into this private contract on his own volition has agreed to pay fees as per the Fee Structure of the Plaintiff. The amount of Fees includes all the ____________.
5. That the Plaintiff raised the Fee Bill for an amount of Rs. ---------/-including all the components such as------------. That despite the concession of -------- the defendant has cleared only the amount of Rs. 3,215/- from the aforesaid amount.
6. Thus the defendant, has been defaulting on the payment of dues arising out of --------------------of the aforesaid defendant. The total outstanding balance amount payable by the Defendant is ---------.
7. Therefore, the defendant is liable to pay the outstanding amount for the period of----------------, which amounts to ------------. It is humbly submitted that the Defendant has ignored the legitimate demand raised by the plaintiff.
8. That the Hon’ble Supreme Court of India passed the Judgment in --------------------vide dated ----- in which specifically -------------.
9. That Plaintiff, in regard to the outstanding dues of ---------, informed the defendant numerous times and gave various reminders, but the Defendant deliberately ignored his contractual obligations and responsibility. The Combined Fee bill for the outstanding dues of -------as Annexure A/2.
10. That an amount of ---------- is due towards unpaid amount of fees/annual charges for the -------------which has become due on account of the judgment of the Hon'ble Supreme Court of India and Hon'ble Delhi High Court which defendant is liable to pay to the Plaintiff.
11.That the Plaintiff has informed the defendant through various correspondence regularly, that an amount of ---------is pending which needs to be deposited by the Defendant.
12. That the Plaintiff has been regularly informing the Defendant about the payment of dues however, the Defendant has failed to clear his dues. Thus, the plaintiff is constrained to file the present suit.
13. That the Plaintiff has also sent a legal notice dated _______addressed to the Defendant seeking payment of the outstanding dues. The copy of Legal Notice Dated____ is annexed as Annexure A/3.
14. That it is clearly evident from the above mentioned conduct, defendant is reluctant in paying the outstanding dues ------.
15. That the cause of action to file the present suit accrued when the defendant has failed to clear the outstanding dues even after making several calls, emails sending various reminders and also legal notice to the defendant. That the cause of action is continuing in nature as the defendant is ignoring calls and messages with the deliberate intention to cause financial losses to the plaintiff.
16. 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.
17. 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.
18. That the Plaintiff and the defendant reside within the jurisdiction of this Hon'ble Court and the entire cause of action also accrued between the parties within the territorial jurisdiction of this Hon'ble Court. Therefore, the 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 favour of the Plaintiff and against the defendant.
20. That
the present suit has been filed within prescribed period of limitation.
PRAYER
It is, therefore, prayed that this Hon'ble Court may graciously be pleased to pass
1. A decree of recovery of -------- may kindly be passed in the favour of the plaintiff and against the defendant.
2. To pass a decree/order directing the defendant to pay the cost of the suit to the Plaintiff.
3. To pass an interim order of depositing the amount of----------in favor of Plaintiff as this Hon'ble Court deem fit and appropriate.
4. To
Pass such further order(s) as this Hon'ble Court may deem fit and proper in the
facts and circumstances of this case, in favor of the Plaintiff
Through
Advocate
Date
New Delhi
IN THE COURT OF
HON’BLE SENIOR CIVIL JUDGE
___________________
CASE NO._______
In
The Matter Of:
________________________ …..PLAINTIFF
VERSUS
_______________________ …DEFENDANT
AFFIDAVIT
I, ________, S/o Sh. ___________, -------------, Delhi aged about____ years, do
hereby solemnly affirm and declare as under: -
1. That I am the -------of the Plaintiff in the above noted recovery suit and being duly authorized and well conversant with the facts of the present case and as such competent to depose this affidavit.
2. That I have read and understood the contents of entire recovery suit and I state that the averments of facts made in paras are true and correct to my knowledge. The last para of the recovery suit is prayer made to this Hon’ble Court. The Plaint has been drafted by the counsel under my instruction.
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
