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Wa0003
Wa0003
DELHI
VERSUS
SHRI. ANTONY DEFENDANT
INDEX
1. Memo of Parties
NEW DELHI
DATE:
IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI
VERSUS
SHRI. ANTONY DEFENDANT
MEMO OF PARTIES
VERSUS
NEW DELHI
DATE:
IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI
VERSUS
SHRI. ANTONY DEFENDANT
ADDRESS FORM
Respected Sir,
Address at which the service of notice and summons be effected.
VERSUS
NEW DELHI
DATE:
IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI
VERSUS
SHRI. ANTONY DEFENDANT
having its registered office B-40, Safdarjung Enclave, New Delhi. Mr.
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
earned international repute and has earned a big name in the business.
3. That the defendant company M/s. XYZ Pvt. Ltd. being a regular customer
4. That during the course of business, the defendant purchased several types
TOTAL 72,500
7. That the plaintiff and defendant entered into the agreement for the
9. That on 15.10.2019, the plaintiff raised the final bill of Rs. 72,500/- on
against which the Defendant handed over cheque no. 23549 dated
16.10.2019 for Rs. 72,500/- drawn on Bank of India, Hauz Khas, Delhi to
the Plaintiff.
10. That the cheque was presented by the Plaintiff, however the same was dis
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 2.11.2019 to
the Defendant calling upon the Defendant to clear the outstanding amount
of Rs. 72,500/- along with interest at the rate of 18% per annum w.e.f.
13. That the Defendant is now liable to pay a sum of Rs. 72,500/- along with
interest @ 18% per annum from the date on the Plaintiff’s bill. The Plaintiff
is, claiming interest from 15.10.2019 up to the date of filing of this suit @
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
and the cause of action further arose on various dates when the plaintiff
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
Hon’ble Court has territorial jurisdiction to try and adjudicate upon the
present matter. The amount of claim under the Suit being amount is
16. That the valuation of the Suit for the purpose of Court fee and jurisdiction
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
(a) Pass a decree of sum of Rs.72,500/- in favour of the plaintiff and against
(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
IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI
VERSUS
SHRI. ANTONY DEFENDANT
AFFIDAVIT
I, Ramesh Singh, Partner of, M/s ABC Pvt. Ltd. At Safdarjung Enclave, 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
2. That the accompanying suit for recovery under Order XXXVII C.P.C.
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
knowledge and belief. No part of it is false and nothing has been concealed
therefrom.
DEPONENT