Commercial Suit: Suit For Recovery Along With pendente lite interest and future interest @18 % p.a.

Commercial Suit: Suit For Recovery Along With pendente lite interest and future interest @18 % p.a.

IN THE COURT OF DISTRICT JUDGE,______________

C S COMMERCIAL SUIT No. ________/20__

IN THE MATTER OF:

_____________________                                       …PLAINTIFF

VERSUS

___________________                                    …DEFENDANTS

INDEX

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

Through

 (Advocate)

Date:

Place: