(Affix Court Fees Rs.6.

00)

IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), BARGARH,

DISTRICT: BARGARH

Money Suit No:______/2020

Payal Fancy Store, Proprietor: Satyabrata Mahakhud, aged about 38 years, S/o Rajani
Mahakhud, resident of Village: Bargarh (Gobindpali), P.o: Bargarh, P.s: Bargarh, Dist.:
Bargarh, Occupation: Business, Munsiff: Bargarh …………… Plaintiff

Vrs

Jindal Fancy and Cosmetics Private Limited, Prop-cum-Managing Director: Surendra

Sahu, aged about 53 years, S/o Late Kishor Sahu, Head Office At: Bandra East (Navi
Mumbai), P.o/P.s/ Dist: Navi Mumbai, State: Maharastra, Occupation: Bussiness,
Munsiff: Navi Mumbai ……...…….. Defendant

SUIT FOR RECOVERY OF MONEY

Suit Valuation: Rs.745000/-

ad valorem Court Fees Paid:Rs._______/-

Most respectfully the plaintiff begs to state as follows:-

1. That the plaintiff Satyabrata Mahakhud is the absolute owner and sole proprietor of
One M/s Payal Fancy Store, Bargarh (Gandhi Chowk), Dist: Bargarh, Odisha deals with
retailing of different kinds of cosmetics items and entitled to sign Vakalatnama, verify plaints,
pleadings and other documents.

2. That the defendant being the supplier and handling transporter for the plaintiff bears the
supplying of cosmetics materials as well as receiving the defected by his end.

3. That both parties have entered into an agreement in non-judicial stamp paper executed
before an Notary Public of Bargarh, dated 27/05/2018 with certain terms and conditions herein
after reflected:
a) The Plaintiff should make a security deposit of Rs.5,00,000/- (Five Lakh only) in order to
get the cosmetic items from defendant.
b) The value of Supply Materials should not exceed Rs.5,00,000/- (Five Lakh only).
c) In every month ending the Plaintiff get 2% commission on ordered materials i.e.
Rs.10,000/- and oversale.
d) The Plaintiff may withdraw the Agreement from the Defendant after giving one month
notice to the defendant, if not satisfies with the materials supplied by the defendant as per
his order.
e) The defendant is bound to take back the defective material and bear the to and fro
transportation charged by his end.

4. That after one year, some dispute arose between them. The Defendant has breached in
the terms of the agreement and stopped sending cosmetics materials as well as receiving
materials as cited in agreement for which the Plaintiff compelled to return the defective material
of Rs.2,00,000/- (Two Lakhs only) on a Mini Bus “Maruti Suzuki OMNI” bearing Registration
No: OD-15-D-1524 on dated 15/09/2019 and bear the Transportation charges of Rs.5,000/- (Five
Thousand only) vide its Money Receipt No:1524/2019.

5. That the defendant is asked to clear up the outstanding dues including the security
deposit, cost of defective materials, transportation charges against him with interest. The total
dues now outstanding against him comes to Rs.745000/-(Rupees Seven Lakh Forty five
thousand) only as on 15/01/2020 with interest as per agreement’s norm as calculated up to
15/01/2020 which the defendant is bound to pay. A copy of Agreement made between them is
filed herewith the plaint as a document. Thus, the plaintiff is entitled to the said sum and the
defendant is liable to pay the same.
 (Contd. P-2)

-2-

6. That in spite of Notices sent by Plaintiff on dated 26/10/2019, 23/11/2019, 18/12/2019

and a final Pleader Notice was sent on dated 15/01/2020, the Defendant remained silent yet.

7. That the cause of action for the suit arose on dated 27/05/2018, 26/10/2019, 23/11/2019,
18/12/2019 and 15/01/2020 when the defendant had not responded to any of the notices and
remained silent. All the cause of action has arose within the jurisdiction of this Hon’ble Court
and hence the plaintiff humbly submits that this Hon’ble Court has jurisdiction to try and
disposed of the suit.

8. That for the purpose of Court Fee and jurisdiction, the suit has been valued at
Rs.7,45,000/- (Rupees Seven Lakh Fourty Five Thousand) only and an advalorem Court fee
worth of Rs.______________/-(Rupees __________________) only is paid herewith the plaint.

9. That the plaintiff relied on the following documents which are filed herewith and
reserves its right to file any other relevant documents or papers and raise any other points as and
when necessary.

a) Agreement between the Parties Dt.27/05/2018

b) Money Receipt of Vehicle in which
damaged product returned Dt.15/09/2019
c) Xerox copy of Voter identity card
of Satyabrata Mahakhud
d) Advocate Notice with Regd. Ad. receipt Dt.15/01/2020

10. That the plaintiff therefore claim and prays for following relief’s:

(a) That a preliminary decree may be passed order xxxiv Rule 4 of the C.P.C. for a
sum of Rs.7,45,000/-against the defendant and in favour of the plaintiff.

(b) Further interest from 15/01/2020 to till the date of filing of the suit and and
future interest per annum with monthly rest as applicable in favour of the plaintiff
and against the Defendant till the date of repayment of the decreetal dues.

(c) That an order to be passed fixing a date directing the defendant to pay the
decreetal dues within that date.

(d) Cost and expenses of the suit with Advocate’s fee.

(e) That the Hon’ble Court may grant such other or further reliefs as deemed fit and
proper under law and equity.

P L A I N T I F F

VERIFICATION

I Sri Satyabrata Mahakhud, Proprietor of Payal Fancy Store, aged about 38 years, S/o Rajani
Mahakhud, of Bargarh do hereby declare that the contents of the plaint from para 01 to 10
including the prayer portion to be true and correct, to the best of my knowledge and information
received. Hence, I verify and signed the same on this the 25th day of February, 2020 at 9.30
A.M. in the office of the Advocate Sri A. Mohanty at Bargarh.

Adv for the plaintiff Plaintiff

 AFFIDAVIT

I Sri Satyabrata Mahakhud, aged about 38 years, S/o Rajani Mahakhud, resident of Village:
Bargarh (Gobindpali), P.o: Bargarh, P.s: Bargarh, Dist.: Bargarh, Occupation: Business, do
hereby solemnly affirm and as follows:-

1. That I am the Proprietor of Payal Fancy Store.

2. That I am acquainted with the facts and circumstances of the case and in charge of the
suit/ case.
3. That the contents of the plaint para 01 to 10 and verification is true to the best of my
knowledge, information and belief. Hence, I verify and signed on this the 25 th day of February,
2020.

I identified the deponent

Who signed before me

Advocate, Bargarh DEPONENT

 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), BARGARH,
DISTRICT: BARGARH

Money Suit No:______/2020

Satyabrata Mahakhud …………….. Plaintiff

Versus

Jindal Fancy and Cosmetics Private Limited,

Represented by Surendra Sahu …... ……………. Defendant

SUBMISSION OF COURT FEES OF Rs.3/- onlyAS PROCESS FEES

In the afore said suit a sum of Rs.3/- only in shape of Court fees is paid as process
fees.

(Space for affix court fees of Rs.3.00 only)

Advocate for the

Plaintiff Plaintiff
 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), BARGARH,
DISTRICT: BARGARH

Money Suit No:______/2020

Satyabrata Mahakhud …………….. Plaintiff

Versus

Jindal Fancy and Cosmetics Private Limited,

Represented by Surendra Sahu …... ……………. Defendant

SUBMISSION OF COURT FEES OF Rs.__________/- only

In the afore said suit a sum of Rs._____________/- only is the shape of court fees
is paid / attached herewith for the cost of the suit.

Advocate for the

Plaintiff Plaintiff
 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), BARGARH,
DISTRICT: BARGARH

Money Suit No:______/2020

Satyabrata Mahakhud …………….. Plaintiff

Versus

Jindal Fancy and Cosmetics Private Limited,

Represented by Surendra Sahu …... ……………. Defendant

In the above noted suit the following documents are submitted for kind perusal of the honourable
court.

LIST OF DOCUMENTS

Sl. No. Nature of Documents Date Page

1. Agreement between Parties (Original with Xerox copy) 27-05-2018 6 sheet

2. Money Receipt of Vehicle in which
damaged product returned 15-09-2020 1 sheet
3. Xerox copy of Voter identity card
of Satyabrata mahakhua 1 sheet
4. Advocate Notice with Regd. Ad. Receipt
(Original with Xerox copy) 15-01-2020 1 sheet

Hence, this memo.

Advocate for the Plaintiff