ASSESSMENT 1 – PLAINT (15 Marks)

(This is the basic framework of the case; you have the freedom to add additional facts
that can help your client)

Tony Stark, S/o Howard Stark, R/o 45 ABC Enclave, Saket, New Delhi

110017, is the director of a multinational industrial company and the largest

tech conglomerate. Tony Stark was approached by his long-time friend,

Steve Roger, S/o Joseph Rogers, R/o 57, Simran Marg, Janakpuri, New Delhi

- 110017 seeking some financial assistance to start a small business. Steve

Rogers was seeking a sum of 7 crores to start business.

Tony Stark lent the stipulated amount to Steve Rogers on, 31/12/2012. This

transaction took place through a telephonic conversation dated 29/11/2012.

Mr. Rogers promised to pay back the money to Mr. Stark by 01/01/2015.

Additionally, the parties decided that a penal interest of 30% per annum will

be paid, if Mr. Rogers defaults in making the payment. On 06/01/2015 a

legal notice was sent to Mr. Rogers by the lawyer representing Mr. Stark,

demanding repayment of the amount. Mr. Rogers via a telephonic

conversation dated 15/01/2015, requested an extension of their agreement

till 01/01/2017, to which Mr. Stark agreed on the condition that now a penal

interest 40% per annum will be charged. On 10/01/2017 a legal notice was

again sent to Mr. Rogers by the lawyer representing Mr. Stark, demanding

repayment of the amount. In response to the legal notice, Mr. Rogers issued

a check of 30 lacs bearing number 1459743 drawn on Axis Bank, Laxmi

Nagar Branch, Delhi 110092, IFSC CNRB0004568. The said check bounced.

Mr. Stark made several demands for repayment, including his lawyer Ms

Black Widow’s notice dated 1/12/2017.

The notice was not answered, so a suit for recovery was filed by Mr. Tony

Stark on 30/01/2018.