IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
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
Advocates
Date:
Place:
IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
COURT FEES
Plaintiff
Through
Advocates
Date:
Place:
IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
MEMO OF PARTIES
________________
S/o ______________,
R/o _______ ….PLAINTIFF
VERSUS
________________
S/o ______________,
R/o _______ ….DEFENDANT
Plaintiff
Through
Advocates
Date:
Place:
IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
SUIT
FOR RECOVERY OF RS. _________(__in word______) 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 proprietor of
_________, engaged in the business of sale and purchase of agriculture products,
having office at ____________.
2. That
the defendant is carrying out business under the name and style of ‘____________’
having office at - _________and having GST No. ______________.
3.
That the captioned suit is commercial
suit arising out of commercial transaction i.e., sales and purchase of goods.
The plaintiff had sold and supplied rice to the defendant and is suing for
recovery of the sale amount.
4.
That in the month of _______ 20xx,
the defendant had approached the plaintiff at plaintiff’s office at _______________through
a local trader, who is known to both plaintiff as well as the defendant. During course of conversation, the defendant
expressed his interest in purchasing rice from the plaintiff and talked about
his influential status.
5.
That after some negotiations, the
defendant placed an order of supply of _________. The said order was accepted
by the plaintiff and the same was to be supplied to the defendant before _____,
20xx. The said agreement to supply goods had concluded in the presence of the
local trader and at the aforesaid office of the plaintiff.
6.
That thereafter, the plaintiff supplied
the agreed quantity of the goods to the defendant in the first week of ____ 20xx
i.e. within the promised time and raised the invoices. The particulars of the
invoices are as under: -
7.
The plaintiff had delivered the goods to
the said destination as directed by the defendant. The defendant was fully
satisfied and never complained to the plaintiff about the delivery, quantity,
quality or any other issues with respect to the goods supplied by the
plaintiff.
8.
That the defendant, however, failed to make
the payment towards the goods supplied to him and the aforesaid invoices for a
total sum of Rs. ___________ (__________in
words_) remain
outstanding against the defendant even till date.
9.
That the plaintiff made several requests
to the defendant to clear the said amount, however, the defendant kept on
seeking time citing financial constraints. The plaintiff also came to know that
there are several FIRs and criminal cases registered against the defendant and
further, that the defendant had defaulted in payment of loans, etc and
banks/financial institutions have also been pursuing him.
10.
That as on date, a principal amount of___________ 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.
11.
That the plaintiff had also filed an
application for Pre-Institution Mediation before South East District Legal Services
Authority on _____,20xx, which was scheduled for appearance of opposite party
on ______, 20xx and ______,20xx, despite issue of two notices neither the
opposite party nor any counsel appeared for the mediation and non-started
report was issued to the plaintiff.
12.
That the cause of action for filing of
the present suit arose in _____, 20xx and when the defendant had placed order
with the plaintiff at Delhi to supply goods to him. The cause of action further
arose in _____, 20xx on all such dates when the plaintiff had supplied the
goods to the defendant, as per his order. The cause of action further arose when
the defendant failed to pay to the plaintiff the due amount against the goods
delivered to him.
13.
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 Courts, Commercial Divisions and
Commercial Appellate Divisions of the High Court Act, 2005 and no similar
category of commercial suit has been filed by the Plaintiff.
14.
The plaintiff most respectfully submits
that this Hon’ble Court is competent to entertain, try and adjudicate the
present suit. The defendant had placed the order for supply of goods with the
plaintiff at his aforesaid office at Delhi. The said order was accepted at
Delhi and as such, the agreement had concluded and the contract had come into
existence at Delhi. The office of the plaintiff, where the entire transactions
between plaintiff and defendant had taken place is situated at____________,
within territorial jurisdiction of this Hon’ble Court, and as such this Hon’ble
Court has territorial jurisdiction to try and adjudicate the instant suit.
15.
The present suit is being filed within
the period of limitation.
16.
That for the purpose of court fees and
jurisdiction, the suit is valued at Rs___________on
which an ad-valorem court fee of Rs. _____/- (Rupees _____________ only) has
been affixed. The interest claimed cannot be calculated at the moment, and the
plaintiff crave the leave of this Hon’ble Court to pay the court fee on the
same as and when the same become ascertainable. The plaintiff undertakes to pay
such further or additional court fees, as, may be found payable when the decree
is awarded in favour of the plaintiff and against the Defendant.
17.
That no suit between the same parties or
the parties under whom they or any of them claim litigating on the same ground
has been previously instituted or finally decided by a court of competent
jurisdiction or limited jurisdiction.
PRAYER
In view of the
aforesaid facts and circumstances, it is most respectfully prayed before this
Court to:
a. Pass
a decree of Rs. ______________along
with pendente lite and future
interest @ 18 % per annum in favour of the plaintiff and against the defendant;
b. Award
the cost of instant suit in favour of the plaintiff and against the defendant
and/or
c. Pass
any further order(s) which this Hon’ble Court deem fit proper in the interest
of justice.
PLAINTIFF
Through
(Advocate)
Date:
Place:
VERIFICATION:
Verified
at New Delhi, on ___ day of _____ 20xx 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 best of 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,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
AFFIDAVIT
I,
___________ a proprietor of proprietorship namely ______having its office at - ____________do
hereby solemnly affirm and declare as under: -
1.
I am proprietor of proprietorship
namely ________________________and am proprietor of the proprietorship firm.
2.
That I am well conversant with the
facts and circumstances of the instant matter and as such duly competent to
swear the present affidavit.
3.
I state that the accompanying suit
has been drafted under my instructions and the facts stated therein are true
and correct to best of my knowledge and nothing material has been concealed thereof.
4.
I state 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 New Delhi on ______of ____ 20xx that the contents of above affidavit are
true and correct to my knowledge and nothing material has been concealed there
from.
DEPONENT
IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
STATEMENT
OF TRUTH
(Under
Frist Schedule, Order VI Rule 15 A and Order X – Rule 1 CPC)
Statement
of Truth by _____________proprietor of proprietorship namely ____________having
its office at - ____________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
Verified
at New Delhi on ______of ____ 20xx that the contents of above affidavit are
true and correct to my knowledge and nothing material has been concealed there
from.
DEPONENT
IN THE COURT OF DISTRICT JUDGE,______________
C
S COMMERCIAL SUIT No. ________/20__
IN
THE MATTER OF:
_____________________ …PLAINTIFF
VERSUS
___________________ …DEFENDANTS
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 |
Through
(Advocate)
Date:
Place: