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

DELHI

CASE NO. 3568 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 PAGE C. FEE

S
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:
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 3568 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

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies
Act 2013, Having Its Registered OfficeAt
Safdarjung Enclave, New Delhi
Through its director
Shri. Nitin Kumar PLAINTIFF

VERSUS

M/s XYZ Ltd.

A Company Incorporated Under The Companies
Act. Having Its Registered OfficeAt Hauz Khas,
Delhi
Through its director
Shri. Satnam DEFENDANT

NEW
DELHI
DATE:
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 3568 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.

M/s ABC Pvt. Ltd.

Safdarjung Enclave, New Delhi
Through its director
Shri. Nitin Kumar PLAINTIFF

VERSUS

M/s XYZ Ltd.

Hauz Khas, Delhi
Through its director
Shri. Satnam DEFENDANT

NEW
DELHI
DATE:
 IN THE COURT OF DISTRICT JUDGE COURT, SOUTH, SAKET COURT
DELHI

CASE NO. 3568 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 CODEOF 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, 2013

having its registered office B-40, Safdarjung Enclave, 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, Vakalat

Nama 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 M/s. XYZ 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 ismaintaining

his Ledger Account.

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

boxes and ply sheets etc. vide following Tax Invoices:

DATE INVOICE NO. AMOUNT

18.03.2021 8183 20,000/-

20.05.2021 8197 20,000

30.05.2021 8212 10,000/-

01.06.2021 8235 10,000/-

21.06.2021 8237 10,000/-

29.06.2021 8251 5,000/-

18.07.2021 8257 10,000/-

22.07.2021 4524 5,000/-

15.07.2021 1265 10,000/-

TOTAL 100,000/-

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

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 buildingfor

their paper mill at Chandigarh sometime in the year 2020.

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

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 15.07.2021, 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. 23541 dated 13.10.2021 for Rs. 100,000/-

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

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 requestsand 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.3,600/- 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
COURTDELHI

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, M/s ABC Pvt. Ltd. At Safdarjung Enclave, NewDelhi 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 vernacularwhich 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 17 day of December, 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