CHECK LIST

1. VALUATION Rs. 4,12,995.56/-

OF SUIT
JURISDICTION
2. NAME Amber Sachdeva Chamber No. 116, RK
&ADDRESS Jain Block Supreme Court Compound
OF New Delhi- 110001
ADVOCATE
Phone: + 91-98219 61222
3. NATURE OF Commercial Suit for Recovery
SUIT
4. AGE OF Plaintiff
PARTIES Defendant
5. CAVEAT NO

6. WHETHER
ANY
EARMARKED
COURT
7. COURT FEE SI Relief Valuation of Valuatio Court fee
NO. Sought relief for the n of paid on
AFFIXED purpose of relief for each relief
jurisdiction the individually
purpose
of court
fee
1. 4,12,995.56/-
2.
3.
4.
5.
6.
7.

8. CONNECTED
CASES IF ANY
&NAME OF
THE COURT
WHERE
PENDING
DISTRICT New Delhi
CASE INFORMATION FORMAT
Criminal
Civil
S. PLAINTIFF/PETITIONER/COMPLIANT/APPELLANT/DECREE
No. HOLDER ETC. PLEASE FILL UP ALL THE REVELANT FIELD &(*)
FIELDS ARE MANDATORY
1 Name Of The Plaintiff M/s. Delhivery limited
Complainant/ Etc.
2 Authorized Representative Mr. Sunil Verma

3 Address Unit No s N24-N34, S24-S34; Air Cargo

Logistics Centre-II, Opposite Gate 6 Cargo
Terminal, IGI Airport, New Delhi –
110037
4 Aadhar Card Pin Code: 110037
No.
5 Gender Male Female Other Nationalit Indian
y
Other:
6 Date of Birth Age
7 Mobile No. 9971113447 e – mail:
8 Act/Section
9 Valuation of suit Court Fee Ascertained
Court Fee paid/Deposited

S. DEFENDANT/ACCUSED/RESPONDENT JUDGEMENT DEBATER

NO ETC. PLEASE FILL UP ALL THE RELEVANT FIELD &(*) FIELDS
. AREMANDATORY
1 Name of the M/s. RJ Enterprise
Defendant /Accused Through Mr. Rahul
Etc.
2 Authorized
Representative
3 Address C.S 109 Mark Point Dindoli
Udhna, Surat, Gujrat 394210
4 Aadhar Card Pin Code 394210
No.
5 Gender Male Female Nationality Indian
Other:
 Other
6 Date of Birth Age
7 Mobile No. 9099163945 e – mail: Rahulkhainar295
@gmail.com

S. Advocate for plaintiff/ complainant/ petitioner/decree holder etc.

NO.
1 Name of the Amber Sachdeva
advocate
Enrl .No.
2 Office/chamber No. Chamber No. 116, RK Jain Block Supreme Court
Compound New Delhi- 110001

3 Mobile No. 9821961222 E – mail amber@ambersachdeva.in

 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant
INDEX
S. No. Particulars Page
1 Memo of Parties A
2 Court Fees B
3. Synopsis
4. Suit (Commercial) For Recovery of Rs.
4,12,995.56 /-(Rupees Four Lacs Twelve Thousand
Nine Hundred Ninety-Five and Fifty- Six Paise
Only) and affidavit
5. Annexure P/1True Copy of Certificate of
Incorporation of the Plaintiff company
6. Annexure P/2True Copy of Board Resolution
7. Annexure P/3True Copy Copy of Master Data of
Defendant Company
8. Annexure P/4True Copy of the Invoice(s) raised by
the plaintiff to the
9. Annexure P/5TrueCopy of email conversations
between the parties
10. Annexure P/6 Copy of Non-Starter Report
11. Statement of Truth
 12. 65B Evidence Certificate
13. Vakalatnama

OFFICE OF AMBER SACHDEVA

(Counsel for Plaintiff)
Chamber No. 116, RK Jain Block
Supreme Court Compound,
New Delhi – 110001,
Phone: + 91-98219 61222
amber@ambersachdeva.in
New Delhi
December , 2022
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant
MEMO OF PARTIES

M/S. DELHIVERY LIMITED

Having its registered office at
Unit Nos. N24-N34, S24-S34.

Air Cargo Logistics Centre-II,

Opposite Gate 6 Cargo Terminal,

IGI Airport, New Delhi-110037

Also At:
A-29 (Back part)
Mohan Co-operative Industrial Estate,
New Delhi- 110044 …Plaintiff

Versus

M/S. RJ ENTERPRISE
THROUGH MR. RAHUL
C.S 109 Mark Point Dindoli
Udhna, Surat, Gujarat 394210 …Defendant
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant
SYNOPSIS
1. That the plaintiff herein is filing the present Suit for
recovery of Rs.4,12,995.56/-(Rupees Four Lacs Twelve
Thousand Nine Hundred Ninety-Five and Fifty- Six Paise
Only) along with Past, Present and Future Interest @ 24%
per Annum from the date the amount first became due and
payable until the actual realization of the aforesaid amount.

2. That the Plaintiff in the present case is duly registered

under the provision of the Companies Act, 1956 under the
name of “M/s. Delhivery limited” having its registered
office at Having its registered office at Unit No s N24-
N34, S24-S34; Air Cargo Logistics Centre-II, Opposite
Gate 6 Cargo Terminal, IGI Airport, New Delhi – 110037
and also at A-29 (Back part)Mohan Co-operative
Industrial Estate, New Delhi- 110044 and engaged in the
business of Courier and Cargo service.

3. That Sunil Verma, is the Legal Manager Dispute

Resolution Cell of the Plaintiff who has been authorized by
the general counsel for the company to Sign, Verify and
Institute the present suit vide Resolution dated 28.06.2022
 A True Copy of the Board Resolution dated 28.06.2022 is
annexed herein as Annexure-P/2.

4. That the Defendant is a Private Limited Company having

its office at C.S 109 Mark Point Dindoli Udhna, Surat,
Gujrat 394210.

5. That the Defendant approached the plaintiff for providing

logistics support to his company for transportation of
goods from one city to another. It is Pertinent to note here
that after due negotiations, the deal was finalized between
the plaintiff and defendant.
6. That the Defendant in the year 2021 borrowed Credit
Facility from the Plaintiff with the terms and agreed by the
Defendant.
7. That at the time of availing the credit facility, the
defendant had expressly agreed and assured the Plaintiff,
its executives, employees and authorized representatives
that their bills will clear on time, but it never happened like
that.
8. That after availing the credit facility, Plaintiff rendered its
services to the Defendant from the month of May 2021 to
November 2021 A true copy of invoice(s) and Statement
raised by the plaintiff to the defendant
9. That after raising all the above said invoices, the Plaintiff
tried to contact the Defendant however the Defendant
avoided having any conversation with the Plaintiff qua the
same.
10.That the Plaintiff did not have any knowledge about the
malafide intentions of the Defendant and performed the
best as and on crediting the good friendly relations that
 both the Plaintiff and the Defendant have. This act of the
Defendant has shattered the confidence of the Plaintiff.
11.That the cause of action arose on May 2021 and various
dates when the Plaintiff requested the Defendant to repay
the Plaintiff’s dues. That the cause of action is, thus, a
continuing one and it had been arising repeatedly over a
course of duration.
12.That the Plaintiff herein felt constrained and aggrieved on
account of the aforesaid acts of omissions/ commissions on
the part of the Defendant herein, the Plaintiff herein is
filing the present Suit, thereby, inter alia, praying, that this
Hon’ble Court be pleased to direct the Defendant to pay to
the Plaintiff herein a sum of Rs.4,12,995.56 /-(Rupees
Four Lacs Twelve Thousand Nine Hundred Ninety-Five
and Fifty- Six Paise Only) along with Past, Pendent Lite
interest from the date when the amount first became due
and payable until the realization of the said amount.

13.That Plaintiff approached the DSLSA (pre-litigation)

process where the dispute could not be resolved, failing
which plaintiff has approached this Hon’ble Court. That
subject matter of the suit is a commercial court as defined
U/s. 2(1)I of the commercial courts, Commercial Division
and Commercial Appellate Division of High Courts
Ordinance, 2015.

HENCE THE PRESENT SUIT

 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant

SUIT (COMMERCIAL) FOR RECOVERY OF Rs.4,12,995.56/-

(RUPEES FOUR LACS TWELVE THOUSAND NINE
HUNDRED NINETY-FIVE AND FIFTY- SIX PAISE ONLY)
ALONGWITH INTEREST OF 24% P. A
MOST RESPECTFULLY SHOWETH:
1. That the plaintiff herein is filing the present Suit for
recovery of Rs.4,12,995.56/- (Rupees Four Lacs Twelve
Thousand Nine Hundred Ninety-Five and Fifty- Six Paise
Only) along with Past, Present and Future Interest @ 24%
per Annum from the date the amount first became due and
payable until the actual realization of the aforesaid amount.

2. That the Plaintiff in the present case is duly registered

under the provision of the Companies Act, 1956 under the
name of “M/s. Delhivery limited” having its registered
office at Having its registered office at Unit No s N24-
N34, S24-S34; Air Cargo Logistics Centre-II, Opposite
Gate 6 Cargo Terminal, IGI Airport, New Delhi – 110037
and also at A-29 (Back part)Mohan Co-operative
Industrial Estate, New Delhi- 110044and engaged in the
business of Courier and Cargo service. A True Copy of
 certificate of incorporation is annexed herewith as
Annexure-P/1.

3. That Sunil Verma, is the Legal Manager Dispute

Resolution Cell of the Plaintiff who has been authorized by
the general counsel for the company to Sign, Verify and
Institute the present suit vide Resolution dated 28.06.2022
A True Copy of the Board Resolution dated 28.06.2022 is
annexed herein as Annexure-P/2.

4. That the Defendant is a Private Limited Company having

its office at C.S 109 Mark Point Dindoli Udhna, Surat,
Gujarat 394210.True Copy of Master Data of the
Defendant Company is annexed herewith as Annexure-
P/3

5. That the Defendant approached the plaintiff for providing

logistics support to his company for transportation of
goods from one city to another. It is Pertinent to note here
that after due negotiations, the deal was finalized between
the plaintiff and defendant.
6. That the Defendant in the year 2021 borrowed Credit
Facility from the Plaintiff with the terms and agreed by the
Defendant.
7. That at the time of availing the credit facility, the
defendant had expressly agreed and assured the Plaintiff,
its executives, employees and authorized representatives
that their bills will clear on time, but it never happened like
that.
8. That after availing the credit facility, Plaintiff rendered its
services to the Defendant from the month of May 2021 to
November 2021. A true copy of invoice(s) and Statement
 raised by the plaintiff to the defendant are annexed
herewith as Annexure P/4(Colly).
9. That after raising all the above said invoices, the Plaintiff
tried to contact the Defendant however the Defendant
avoided having any conversation with the Plaintiff qua the
same.
10.That the Plaintiff did not have any knowledge about the
malafide intentions of the Defendant and performed the
best as and on crediting the good friendly relations that
both the Plaintiff and the Defendant have. This act of the
Defendant has shattered the confidence of the Plaintiff.
True Copy of email conversation is annexed herein as
Annexure A/5(Colly).
11.That the cause of action arose on May 2021 and various
dates when the Plaintiff requested the Defendant to repay
the Plaintiff’s dues. That the cause of action is, thus, a
continuing one and it had been arising repeatedly over a
course of duration.
12.That the Plaintiff herein felt constrained and aggrieved on
account of the aforesaid acts of omissions/ commissions on
the part of the Defendant herein, the Plaintiff herein is
filing the present Suit, thereby, inter alia, praying, that this
Hon’ble Court be pleased to direct the Defendant to pay to
the Plaintiff herein a sum of Rs. 4,12,995.56 /-(Rupees
Four Lacs Twelve Thousand Nine Hundred Ninety-Five
and Fifty- Six Paise Only) along with Past, Pendent Lite
interest from the date when the amount first became due
and payable until the realization of the said amount.
13.That no other relief has been claimed by the Plaintiff.
Further, the Plaintiff herein is merely seeking to recover a
 liquidated sum of Rs.4,12,995.56/- (Rupees Four Lacs
Twelve Thousand Nine Hundred Ninety-Five and Fifty-
Six Paise Only) along with interest @ 24% per annum.
14.That the parties to the suit raised invoices from its office
located in Unit No s N24-N34, S24-S34; Air Cargo
Logistics Centre-II, Opposite Gate 6 Cargo Terminal, IGI
Airport, New Delhi – 110037, the plaintiff resides and
work for gains at Delhi and Cause of Action arose in Delhi
hence the Hon’ble court has got the territorial jurisdiction
to entertain, try and decide the present suit of the plaintiff
company.
15.That for the purpose of the Court fees and jurisdiction, the
suit is valued at Rs. 4,12,995.56/-(Rupees Four Lacs
Twelve Thousand Nine Hundred Ninety-Five and Fifty-
Six Paise Only) on which requisite court fees of Rs.
______ /- (Rupees _______) has been paid and affixed
herein.
16.That Plaintiff approached the DSLSA (pre-litigation)
process where the dispute could not be resolved, failing
which plaintiff has approached this Hon’ble Court. True
copy of Non-Starter report is annexed herewith as
Annexure P/6.
17.That subject matter of the suit is a commercial court as
defined U/s. 2(1)I of the commercial courts, Commercial
Division and Commercial Appellate Division of High
Courts Ordinance, 2015.
18.That the present Suit is being filed well within the
prescribed period of limitation as provided for under the
relevant law for the time being in force governing the
limitation of Suits.
 PRAYER
It is most respectfully prayed that this Hon’ble court may kindly
be pleased to:
a. Pass a Decree of Rs. 4,12,995.56 /-(Rupees Four Lacs
Twelve Thousand Nine Hundred Ninety-Five and Fifty-
Six Paise Only) with up to date interest @ 24% in favour
of the plaintiff and against the defendant in the interest of
justice;

b. Pass order for grant of Litigation Expenses of Rs.50, 000/-

in favour of the plaintiff

c. Pass any other order or further order(s) or relief in favour

of the plaintiff and against the defendant which this
Hon’ble court deems fit and proper in the light of the
aforesaid facts and circumstances.

DEPONENT
VERIFICATION:
I, the above-named Deponent do hereby verify that the
contents of Para’s 1 to18 of the above suit have been
explained to me and the same are true and correct to the
best of my knowledge and belief and nothing material has
been concealed there from. Verified on this Day of
December 2022 at New Delhi
DEPONENT
OFFICE OF AMBER SACHDEVA
(Counsel for Plaintiff)
Chamber No. 116, RK Jain Block
Supreme Court Compound,
New Delhi – 110001,
Phone: + 91-98219 61222
amber@ambersachdeva.in
New Delhi
December 4, 2022
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant
AFFIDAVIT
I, Sunil Verma, S/o Dharmvir Singh, aged about 42 years,
working as Legal Manager Dispute Resolution Cell having its
office at Unit Nos. N24-N34, S24-S34; Air Cargo Logistics
Centre-II, Opposite Gate 6 Cargo Terminal, IGI Airport, New
Delhi-11003,also at: A-29 (Back part) Mohan Co-operative
Industrial Estate, New Delhi- 110044 do hereby solemnly affirm
and declare as under:
1. That I am competent and authorized to swear in this
affidavit.
2. I state that the contents of the Para’s 1 to 18 of the
accompanying Suit are true and correct.
3. I state that the Annexure P/1, Annexure P/2, Annexure P/4,
Annexure P/5(colly) and Annexure P/6 are true copies of
their originals.
4. I state that what is stated hereinabove is true and correct.

DEPONENT
VERIFICATION:
I, the above-named Deponent do hereby verify that the
contents of Para’s 1 to 4 of the above Affidavit have been
explained to me and the same are true and correct to the
best of my knowledge and belief and nothing material has
been concealed there from. Verified on this Day of
December 2022 at New Delhi
DEPONENT
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant
STATEMENT OF TRUTH
I, Sunil Verma, S/o Dharamveer Singh, aged about 42 year,
working as Legal Manager Dispute Resolution Cell having its
office at, Unit No s N24-N34, S24-S34; Air Cargo Logistics
Centre-II, Opposite Gate 6 Cargo Terminal, IGI Airport, New
Delhi – 110037 do hereby solemnly affirm and declare as under:
1. I say that in the present case Sunil Verma is a peace
loving, law abiding and a bona fide citizen of this country.
2. I say that I am fully conversant with the facts and
circumstances of the present suit and competent to swear
the statement of truth.
3. I say that the statements made from Para No. 01 to 18 are
true to my knowledge.
4. I say that there is no false statement or concealment of any
material fact, document or record and I have included
information that is according to me, relevant for the
present suit.
5. I say that all the documents in power, possession, control
or custody, pertaining to the facts and circumstances of the
proceedings initiated by me have been disclosed with the
present suit.
6. I say that the above- mentioned pleading comprises of a
total of page, each of which has been duly signed by me.
7. I state that the Annexure hereto are true copies of the
documents refereed 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 for the time being in force.

DEPONENT
VERIFICATION:

I, the above-named Deponent do hereby verify that the

contents of Para’s 1 to 8 of the above Statement of Truth
have been explained to me and the same are true and
correct to the best of my knowledge and belief and nothing
material has been concealed there from. Verified on this
Day of December 2022 at New Delhi
DEPONENT
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NEW DELHI DISTRICT PATIALA HOUSE COURTS,
NEW DELHI
C.S. (COMM) No. of 2022
IN THE MATTER OF:
M/s. Delhivery limited …Plaintiff
Versus
M/s. RJ Enterprise
Through Mr. Rahul …Defendant

65 B EVIDENCE CERTIFICATE
I, Sunil Verma, S/o Dharamveer Singh, aged about 42 year,
working as Legal Manager Dispute Resolution Cell having its
office at, Unit No s N24-N34, S24-S34; Air Cargo Logistics
Centre-II, Opposite Gate 6 Cargo Terminal, IGI Airport, New
Delhi – 110037 do hereby solemnly affirm and declare as under:
1. That as such I am well conversant with the facts
and circumstances of the present case based on the
records of the company and my personal
knowledge.
2. I hereby produce Copies of invoices and Emails in
which Communications and correspondence
between the parties are there and the same was sent
to the Defendant. I crave leave to refer to and rely
upon this message at the time of hearing.
3. I confirm that the Invoices and Emails are identical
to the one maintained on the Personal Computer
terminals as well as computer operated by me.
4. Accordingly, I am making and to certify that the
reproduction of the electronic records which
regularly transmitted through the Mobile/
 Computer/ Laptop in the ordinary course of
activities.
5. I further state that at all times the Mobile/
Computer/ Laptop terminals utilized by me were
operating properly and there is no distortion in the
accuracy of the contents of the same.
6. I further state I can produce the device as and when
required or ordered by the court.
7. The above u/s 65B certificate of the Evidence Act.
Therefore, in the facts and circumstances of the
case, is sufficient compliance of Section 65B of the
Evidence Act.

DEPONENT
VERIFICATION:
I, the above-named Deponent do hereby verify that the
contents of Para’s 1 to 7 of the above Affidavit have been
explained to me and the same are true and correct to the
best of my knowledge and belief and nothing material has
been concealed there from. Verified on this Day of
December 2022 at New Delhi
DEPONENT
 VAKALATNAMA
I/We. M/s. Delhivery Limited, through Mr. Sunil Verma Legal
Manager Dispute Resolution Cell of the Plaintiff Company

In the above suit / Appeal/Petition / Reference do hereby

appoint and retain Shri AMBER SACHDEVA, AANCHAL
KALRA, HIMANSHI NAGPAL AND SHAURYA
KRISHNA OF OFFICE OF AMBER SACDHDEVA, to act
and appear for me/us in the above suit
Appeal/Petition/Reference and on my/our behalf to conduct
and prosecute (or defend) the same and all proceedings that
may be, taken in respect of any application connected with the
same or any degree or order passed therein, including
proceedings in taxation and application for review, to file and
obtain return of documents and to deposit and receive money
on my/our behalf in, the said suit/Appeal/Petition/Reference
and in application for Review and to represent me/us and to
take all necessary steps on my/our behalf in the above matter.
I/We agree to ratify all acts done by the aforesaid Advocate
on record in pursuance of this authority.

Dated this the 05thday of December 2022

Accepted, Identify and certify by:-

Complainant/Petitioner/Plaintiff
Respondent/Defendant/Accused

(Amber Sachdeva)
Advocate, Supreme Court)

The address for service of the Advocate is :

OFFICE OF AMBER SACHDEVA

Chamber No. 116, RK Jain Block
Supreme Court Compound,
New Delhi – 110001,
Phone: + 91-98219 61222
amber@ambersachdeva.in