IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION

NEW DELHI

SUIT NO. of 2020

IN THE MATTER OF:

MR. SOMESH GUPTA

S/O RAHUL GUPTA
R/O PANDU NAGAR, NEW DELHI …..PLAINTIFF

VERSUS

MR ADITYA TIWARI
S/O GAURAV TIWARI
R/O NEW DELHI …… DEFENDANT

PETITION UNDER SECTION 73 OF INDIAN CONTRACTS ACT

MOST RESPECTFULLY SHOWETH:

1.That the Plaintiff is a transporter and proprietor of Gupta Transport company having its
registered office at C-108 Pandu nagar Delhi hence he has right to file this suit.

2. That the Defendant opposite party had contacted the Plaintiff on …….. and urged to
transport the goods from Delhi to Mumbai.

3 That as per terms and condition for the payment of freight charges, the Defendant had to
pay the same at Mumbai at the time of delivery of goods which would be transported from
Delhi to Mumbai. Agreed freight charges between both the parties was Rs 15,000. After
settlement of terms and conditions Defendant OP booked the goods which would be sent to
Mumbai and booking was recorded on memo no.15 book no. 4 which was counter signed by
the Defendant.

4.That the Plaintiff had lifted the goods from the given address by the Defendant on and
fetched them to Mumbai and delivered the goods at given address on ….. . The
Defendant’s representative CV Prasad received the goods which were in perfect condition
and there was no damage. And gave a receipt that the goods were received by him.

5. Consignee CV Prasad instead of making payment of Rs 15,000 as freight charges asked the
Plaintiff that freight charges would be paid at New Delhi by the Aditya Tiwari.
6. That the Plaintiff had contacted Aditya Tiwari at New Delhi and demanded the freight
charges Rs. 15,000 which were due against him. Aditya Tiwari instead of making any
payment said that as per terms and conditions payment of freight charges would be made at
Mumbai. However, he would make payment in next week.

7. That the Plaintiff once again contacted Aditya Tiwari for payment of freight charges but he
did not make any payment and procrastinated in making the payment.

8 That Plaintiff thereafter contacted Aditya Tiwari on Dec 20,2019, Jan.21,2020, Feb.232020,
and March 21,2020 for payment but Aditya Tiwari did not make any payment.

9. A registered legal notice was sent by Plaintiff’s advocate Mr ……. On April 21,2020
and asked Aditya Tiwari to make payment within 30 days of the receiving of this notice . The
notice was duly served on Aditya Tiwari on ……… But even after due time Aditya Tiwari
did not make any payment.

10. That a sum of Rs 15,000 is due against Aditya Tiwari. Since more than six months have
been passed Aditya Tiwari was liable to pay interest at the market rate of 10 percent.
Moreover, He was also liable to pay Rs. 10,000 as damages for mental agony and Plaintiff
efforts.

11. That cause of action arose first time arose on …. When Defendant did not make any
payment at Mumbai after receiving his goods in perfect condition.

12. That thereafter cause of action arose on Dec 20,2019, Jan.21,2020, Feb.232020, and
March 21,2020 when Plaintiff contacted Aditya Tiwari for payment and he did not make any
payment.

13. That the cause of action arose on … when Defendant received registered legal notice and
did not make any payment.

14. That the contract to transport the goods from Delhi to Mumbai was made at New Delhi
therefore this court had jurisdiction to try the suit.

15. The Plaintiff is paying court fee of Rs…….. according to court fee act for this suit.

PRAYER

It is, therefore most respectfully prayed that this HON’BLE Court may be pleased to:

1. That a decree of Rs 15,000 as principal freight charges and accrued interest Rs .2000
at the rate of 15 % interest/month total Rs 17,000 be passed in favor of Plaintiff and
against the Defendant.
2. That the hon’ble court pass an order against the Defendant and order to pay the future
interest at the rate of Rs 15%/ month on principal and interest till payment is not
received.
3. That a decree of Rs 5300 as cost of legal notice and legal expanses be passed in favor
of Plaintiff.
4. That any other relief which this court thinks fit.

MR. SOMESH GUPTA

THROUGH

MR. BAAL KUMAR SHUKLA

VERIFICATION:

I Somesh Gupta do hereby verify that the contents of para 1,2 ,3,4,5,6,7 & 8 are true to
my

Personal knowledge and contents of para 9 to 15 are believed to be true upon legal
advice .Nothing has been concealed so help me god.

This verification has been made at Delhi court premises on ………….,

MR SOMESH GUPTA