IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT

DELHI

CASE NO. 2345 OF 2023

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

SHRI. NITIN KUMAR PLAINTIFF

VERSUS
SHRI. SATNAM DEFENDANT

INDEX

S.No. PARTICULARS PAGES C. FEE

1. Memo of Parties

2. Suit for Recovery under Order

XXXVII of the Code of Civil
Procedure, 1908 along with
affidavit
3. Copy of Duplicate Plaint signed in
Original along with affidavit

NEW DELHI
DATE:
18/10/2021
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 2345 OF 2023

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

SHRI. NITIN KUMAR PLAINTIFF

VERSUS
SHRI. SATNAM DEFENDANT

MEMO OF PARTIES

Sunshine Pvt. Ltd.

A Company Incorporated Under the
Companies Act, Having Its Registered Office
At Greater Kailash, New Delhi
Through its director
Shri. Nitin Kumar PLAINTIFF

VERSUS

Moonshine Ltd.
A Company Incorporated Under The
Companies Act. Having Its Registered Office
At South Extension, Delhi
Through its director
Shri. Satnam DEFENDANT

NEW DELHI
DATE:
18/10/2021
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 2345 OF 2023

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

SHRI. NITIN KUMAR PLAINTIFF

VERSUS
SHRI. SATNAM DEFENDANT

ADDRESS FORM

Respected Sir,
Address at which the service of notice and summons be effected.

Sunshine Pvt. Ltd.

Greater Kailash, New Delhi Through
its director
Shri. Nitin Kumar PLAINTIFF

VERSUS

Moonshine Ltd.
South Extension,
Delhi
Through its director
Shri. S a t n a m DEFENDANT

NEW DELHI
DATE:
18/10/2021
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 2345 OF 2023

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

SHRI NITIN KUMAR PLAINTIFF

VERSUS
SHRI. SATNAM DEFENDANT

SUMMARY SUIT OF THE PLAINTIFF UNDER ORDER XXXVII OF THE CODE

OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF SUM OF Rs.100,000/-

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is the Company constituted under the Companies Act

having its registered office B-40, Greater Kailash, New Delhi. Mr. Nitin

kumar Executive Director of the Plaintiff is a duly constituted attorney of

the Plaintiff and is authorized and competent to sign and verify the plaint,

VakalatNama etc. and to institute this suit on behalf of the plaintiff

2. That the plaintiff carries on the business of construction, engineering and

designing. The plaintiff is the builder of international repute and has

earned international repute and has earned a big name in the business.

3. That the defendant company Moonshine Pvt. Ltd. being a regular

customer of the plaintiff firm used to purchase different types of

materials and
 designing items from the plaintiff on credit basis and the plaintiff is

maintaining his Ledger Account.

4. That during the course of business, the defendant purchased several types

of boxes and ply sheets etc. vide following Tax Invoices:

DATE INVOICE NO. AMOUNT

18.03.2018 8189 10,000/-

20.05.2018 8190 10,000

30.05.2018 8220 12,000/-

01.08.2018 8221 10,000/-

21.09.2018 8223 10,000/-

29.10.2018 8224 2,000/-

18.11.2018 8225 3,500/-

22.02.2021 1236 5,000/-

15.10.2021 1245 10,000/-

TOTAL 100,000

5. That Ledger Account maintained by the plaintiffs shows that a total

sum of Rs.100,000/- is due to be paid by the defendant to the

plaintiff.

6. That the Defendant approached the Plaintiff for construction of a building

for their paper mill at Chandigarh sometime in the year 2020.

7. That the plaintiff and defendant entered into the agreement for the

construction of the building as per the site plan and specifications.

 8. That the plaintiff constructed the building and handed over the

possession of the same to the defendant sometime in 2020.

9. That on 15.10.2021, the plaintiff raised the final bill of Rs. 100,000/-

on the defendant account of the construction of paper mill at Chandigarh

against which the Defendant handed over cheque no. 23549 dated

16.10.2021 for Rs. 100,000/- drawn on Bank of India, South Extension,

Delhi to the Plaintiff.

10. That the cheque was presented by the Plaintiff, however the same was dis

honored up to presentation vide bank memo dated 13/10/2021

11. That the Plaintiff immediately informed the Defendant about the dishonor

of the said cheque and called upon the Defendant to make the payment of

the said amount along with interest @ 18% per annum. However, the

Defendant failed to pay the same to the Plaintiff despite repeated requests

and reminders.

12. That the Plaintiff therefore finally issued a legal notice dated 2.11.2021 to

the Defendant calling upon the Defendant to clear the outstanding

amount of Rs. 100,000/- along with interest at the rate of 18% per annum

w.e.f. 15.10.2021 up to the date of payment. However, no payment has

been made by the Defendant despite the said notice.

13. That the Defendant is now liable to pay a sum of Rs. 100,000/- along with

interest @ 18% per annum from the date on the Plaintiff’s bill. The

Plaintiff is, claiming interest from 15.10.2021 up to the date of filing of

this suit @ 18% per annum.

14. That the cause of action arose in favour of the Plaintiff and against the

Defendant on various dates when the defendant company purchased

different types of boxes/ply sheets from the plaintiff on credit basis and

the plaintiff was maintaining his ledger account. The cause of action arose

when a sum of Rs.100,000/-/- became due against the defendant

company and the cause of action further arose on various dates when the

plaintiff telephonically and personally contacted the defendant and

requested him to clear the said amount but the defendant did not make

the said payment. The cause of action still subsists and is continuing as

the Defendant has not paid the money to the Plaintiff due under the above

said tax invoices.

15. That it has specially been mentioned on the bottom of the Invoices that

the transactions were SUBJECT TO DELHI JURISDICTION, hence this

Hon’ble Court has territorial jurisdiction to try and adjudicate upon the

present matter. The amount of claim under the Suit being amount is

Rs.100,000/-hence this Hon’ble Court has the pecuniary jurisdiction to

entertain this, Suit.

16. That the valuation of the Suit for the purpose of Court fee and jurisdiction

of Rs.100,000/- and accordingly Court fee of amount of Rs.2,700/- is

appended thereupon”.

17. That the plaintiff submits that the present Suit is filed under the provision of

Order XXXVII of CPC, 1908. The Plaintiff in term of Rule 2 of Order XXXVII of

the CPC, 1908 declares that no relief has been claimed which does not fall

within the ambit of the Order XXXVII of the CPC, 1908.

 PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may

graciously be pleased to:

(a) Pass a decree of sum of Rs.100,000/- in favour of the plaintiff and against

the Defendant; and

(b) Pass a decree of interest amount @ 18% p.a. on the said amount under

prayer (a) above w.e.f. the date of filing the suit till the date of realization

of the amount in favour of the plaintiff and against the defendant; and.

(c) Award the costs of the present suit and also the Court fees in favour of the

plaintiff;

AND

(d) Grant any other and/or further relief, which this Hon’ble Court may deem

fit and proper in the facts and circumstances of the case in favour of the

plaintiff and against the Defendant.

PLAINTIFF
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 2345 OF 2023

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

SHRI NITIN KUMAR PLAINTIFF

VERSUS
SHRI. SATNAM DEFENDANT

AFFIDAVIT

I, Nitin Kumar, Partner of, Sunshine Pvt. Ltd. At Greater Kailash, New Delhi
do hereby solemnly affirm and state as follows:-

1. That I am one of the partners of the Plaintiff firm in the above said

case/suit and I am conversant with the facts of the case and as such

competent to swear this affidavit.

2. That the accompanying suit for recovery under Order XXXVII

C.P.C. has been drafted by my counsel under my instructions, the

contents whereof have been read over and explained to me in

vernacular which are correct.

3. That the contents of the said plaint are not being repeated here for

the sake of brevity, which be taken as part and parcel of this

affidavit.
 DEPONENT

VERIFICATION

Verified at New Delhi on this day of October, 2021 that the contents of

my foregoing affidavit are true and correct to the best of my knowledge and

belief. No part of it is false and nothing has been concealed therefrom.

DEPONENT