1.

1 (A)DRAFT A
PLAINT INA CIVIL SUIT RAKESH PANDE
VS. NAG BETWEEN
IN THE
CONSTRUCTIONS
HIGH COURT
COMPANY
OF
ORDINARY JUDICATURE AT BOMBAY
IN ITSORIGINAL CIVIL JURISDICTION
COMMERCIALCOMMERCIAL,
SUIT NO. DIVISIONOF 20XX
Rakesh S/o Chandra Pande
Aged about 50 years
Proprietor of "M/s. The Machine"
having his office/residence at
A-XX, West Park, CHS Ltd.,
1
Juhu, Mumbai 400049.

...PLAINTIFF

...VERSUS...
M/s. Nag Constructions Company
Ltd., ACompany incorporated under
the Companies Act, 1956 Having its
Registered Office at Survey No. XX,
Hyderabad- 500081.
 Drafting, Pleading and (
through its Managing Director/Director Conveyancing
And Regional Office at
B-XX,Atlantic Classic,
Andheri (East), Mumbai - 400093.
through its Director
..DEFENDANT
SUIT FORRECOVERY OF AMOUNT
(Both for the purposes of Court Fees and Jurisdiction, the claim in
the
143,38,14,390 and the maximum Court Fees of 3,00,000 under the provisionssuitof is valued
Court Fees Act, are paid herewith).
The Plaintiff named above most respectfully begs to submit as under: Maharashtra
1. That, the Plaintiff is the Proprietor of a firm by name "The Machine
referred to as "Firm of the Plaintiff") engaged inter alia in the
business of
sourcing and consulting services with regard to Power Projects, Aluminium (heraedivnisatinegr,
Ferrous and Non-Ferrous Metals and Heavy Engineering Industries in India and
since many years and is one of the most prominent and reputed
Prabrojeoctads,
the Sector. business enterprises in
2. That, the Defendant Company is incorporated under the Companies Act,
its Registered Office at Hyderabad and Regional Office at Mumbai1956 and has
jurisdiction of the Honourable Court. the within
3. Before proceeding to deal with the facts of the case, at the outset itselE it wäll
worthwhile to bring to the kind notice of the Honourable
the Court that
4. The facts and circumstances, in which the Defendant agreed to engage the services at
the plaintiff considering his vast expertise and proficiency in the field, which ara
relevant for the purposes of considering the claim of the plaintiff in the instant matter
needs to be brought to the kind notice of the Honourable Court,as under.
(FACTSIN DETAIL TO BE ADDED AS PER REQUIREMENT)
AMOUNTS PAID BY THE DEFENDANT TO THE PLAINTIFF
S. NO. DATE AMOUNT )
1. 08.06.20XX 4,44,99,822
2. 17.10.20XX 3,04,44,603
3. 05.12.20XX 1,77,99,929
4 01.03.20XX 1,77,99,929
05.04.20XX 1,77,99,929
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6
7.
03.06.20XX 1,77,99,929

8
28.08.20XX 88,99,964

9
18.12.20XX 1,77,99,929
TOTAL 17,28,44,034
s That, the place of business of the Plaintiff is at Mumbai, which is within the jurisdiction
of this Honourable Court. The Defendant has a Regional Office at Mumbai. Most of the
dealings with the Defendant Company and its officials were made by the plaintiff from
Mumbat. Ihe Agreement in question was sent and received by the Plaintiff at Mumbai.
The Invo1Ces were issued by the nlaintiff and the navments were received from the
defendant, at Mumbai. Thus, as most of the cause of action has taken place in Mumbal,
which comes under the jurisdiction of the Hon'hle Court and thus this Hon'ble Court
has neceSsary jurisdiction to try and decide the
present suit.
6. That, as Stated herein above, there is no dispute about the services rendered by tne
plaintiff. Nor there is any dispute that the defendant has paid part of the payment
towards the services rendered by the nlaintife The circumstances of the present Case
clearly demonstrate that subsequently mischievously the defendant has retused to make
the payment of the balance amount of the claim of the plaintiff, as agreed upol.
defendant initially tried to provide making the said payment with the clam o .
sustaning losses and led the plaintiff to the Arbitration and before the Arbitral Tribunal
it gave up its claim and mischievous]y claimed that there is no Agreement executed
between the parties. Inshort, the mischief plaved by the defendant in the present maue
is apparent on the face of record.
7. The cause of action for filing of the present Suit arose on various dates rom
08/07/20XX when the defendant contacted. communicated and negotiated with ne
plaintiff pertaining to the execution of Project in question. It further arose on
22/03/20XX, when the plaintiff sent the draft Agreement to the defendant. It further
arose on various dates when the request was made to the defendant for formalising the
Agreement and discussion inrespect thereof were held, which resulted into execution of
the Agreement on 06/05/20XX. It also arose on various dates thereafter when the
parties dealt with in respect of the transactions arising out of the said Agreement and
the plaintiff raised bills and the defendant made the payment against the said bills. It
also arose on various dates when the parties discussed about the release of the balance
payments. Although there was adelay-dallying on the part of the defendant to make the
payment, there was never ever denial or refusal tothe entitlements of the plaintiff from
the side of the defendant, till the exchange of Legal Notices. It also arose when realising
delay on the part of the defendant, a Legal Notice was sent by the plaintiff on
29/08/20XX, which was replied by the defendant on 19/09/20XX. It further arose when
the officialof defendant by his e-mail dated 20/09/20XX requested to resolve payment
issued under the Agreement instead of taking steps towards legal proceedings. It again
defendant to release 75% of the
arose on 28/09/20XX when the plaintiff called upon the 03/11/20XX
action again arose on
halance pavment under the Agreement. The cause of
 Drafting. Pleading and
when the plaintiff issued a Winding Up Notice against the defendant Conveyan cing - II
434 of the Companies Act, which was replied to by the under Section
defendant on 24/ 433
again arose on 21/1220XX when the plaintiff sent internal
Notice and agaín on 12/01/20XX when in response to said response 1120XX.
to the
said
defendant invoked Arbitration and called upon the plaintiff to getinternal response. Letzhale
decided the
h

the plaintiff through the mode of Arbitration. It thereafter arose on claims of

22/03/20XX, 08/04/20XX and I I/04/20XX when the steps for the
Arbitral Tribunal were initiated. The cause of action further
arose on 160220XX
when the meetings were held before the Arbitral Tribunal including vartiiotuustiondates
cons on
of
when parties agreed about the procedures to be followed
02/08/20XX and
03/01/20XX Applications Arbi
when by moving the tratio0n1/062and0XX
for
before the on
Tribunal the defendant falsely claimed that it has for the first time
the plaintiff is not a party to the Arbitration Agreement while at the came to
same time that knowArbitra
29/def0c4/lae2indarm0XXingt
that the defendant has no claims against the plaintiff. It lastly arose on 2
when the Arbitral Tribunal ruled that in view of the objections raised by
the Agreement dated 06/05/20XX not being with the sole the
proprietary firm -
the Arbitral Tribunal has no jurisdiction and while terminating the
proceeding,
that the parties have remedy available in law. As is apparent from the peculiar ohse.
plaintif
facts
the present case, there was no denial of the claim of the plaintiff. There was a m
open and current account between the parties and till the issuance of the legal note
and even thereafter, there was no dispute pertaining to the claim of the
is apparent from the various communications exchanged. plaintiff, which
Further, in view of the
Agreement entered into between the parties and in the circumstances stated hereim
above, with due diligence the plaintiff was prosecuting the Arbitral Proceedings, which
commenced from 12/01/20XX and were concluded on 29/04/20XX and therefore tha
present Suit is wihin limitation.
8. For the purposes of payment of Cort Fees and Jurisdiction of the Honourable Cour
the claim in the present suit is valued at ? 143,38,14,390 and the maximum Court Fes
of 3,00,000 is paid herewith, as contemplated under the provisions of Maharashtra
Court Fees Act.
9. That, the plaintiff shall rely on the documents a list of which has been
annexed hereto
and crave permission of the Honourable Court to file the additional documents after the
defendant put in its appearance and filed his written statement or at any time during the
trial of the case, as and when if required.
PRAYER: It, is, therefore, most respectfully and humbly prayed that this Hon'ble Court may
kindly be pleased to:
(a) Direct the Defendant to pay a sum of 143,38,14,390 only towards balance
amount payable for the services rendered by the plaintiff, as well as Interest on
delayed payment, and the damages towards loss of opportunity, loss of reputation
and costs suffered by the plaintiff due to the illegal acts of the defendant, as per the
Particulars of Claim as mention in Exhibit, in the peculiar facts and circumstances
stated herein below and in the interest of Justice;
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(0) Drect the Defendant to payfuture interest (@18% per annum over the said
amount
OT K 143,38,14,390 or whatever amount to which the plaintiff is found to be
entitled to, from the date off Suit till the realisation of the entire amount;
(C) Call upon the defendant to furnish Security to the satisfaction of the
Court and/or attach the properties of the defendant to secure the interest Honourable
of the
plamtift, in the peculiar facts and circumstances of the case brought to the kind
notice of the Honourable Court;
(d) Restrain the defendant, it's officials and all other
persons claiming through or
under the defendant from transferring, alienating, selling. leasing its assets and
properties, pending recovery of the amount of the claims of the plaintiff, as prayed
for in the present nmatter;
(e) Grant ad-interim and interim relief in terms of the prayer clause
(c) and (d) during
the pendency of the present Suit, in the peculiar facts and circumstances of the case
and in
the interest of justice;
() Cost of the suit be saddled on the
defendant;
(g) And be further pleased to grant such other relieff s and pass such other orders as
may be deemed fit, just and proper in the facts and circumstances of the case and
in the interest of justice;
And for which act of kindness the plaintiff shall remain duty bound and ever pray.
MUMBAI
DATED: /07/20XX
PLAINTIFF

COUNSEL FOR PLAINTIFF

VERIFICATION

Rakesh S/o Chandra Pande, Aged about 50 years R/Oat A-XX, West Park, CHS Ltd., Juhu,
Mumbai - 400049, the Plaintiff abovenamed solemnly declare that what is stated in paragraph
remaining
Nos. 1to is true to my own knowledge, and that what is stated in the to be
same
paragraph Nos. is stated on information and belief, and I believe the
true.

Solemnly Declared at Mumbai,

This day of July, 20XX Plaintiff

Identified by me, Before me

Advocate for the Plaintiff