Note: This Legal Draft is merely illustrative and not exhaustive. This shall only be used in consultation with a lawyer and with due edits to meet the ends of the user.
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI
SUIT NO: __________ OF 20__
(Suit under Order XXXVII of the Code of Civil Procedure, 1908)
IN THE MATTER OF:
M/s ABC Pvt. Ltd.
A Company Incorporated Under The Companies Act, 1956/2013,
Having Its Registered Office At: B-40, Safdarjung Enclave, New Delhi – 110029,
Through Its Authorized Representative Mr. ___________,
…….. Plaintiff
VERSUS
M/s XYZ Ltd.
A Company Incorporated Under The Companies Act, 1956/2013,
Having Its Registered Office At: ___________, Chandigarh,
Through Its Authorized Representative Mr. ___________,
…….. Defendant
SUIT FOR RECOVERY OF RS. 4,19,200/- (Four Lakhs Nineteen Thousand and Two Hundred Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:
-
Description of Plaintiff:
That the Plaintiff is a Company duly constituted under the Companies Act, 1956/2013, having its registered office at B-40, Safdarjung Enclave, New Delhi. Mr. ___________, the Executive Director of the Plaintiff Company, is duly authorized and competent to sign and verify the plaint and to institute this suit on behalf of the Plaintiff. -
Nature of Plaintiff’s Business:
That the Plaintiff Company is engaged in the business of construction, engineering, and designing. The Plaintiff is a builder of national and international repute with several successful projects to its credit. -
Description of Defendant:
That the Defendant is a Company incorporated under the Companies Act, 1956/2013, with its registered office located in Chandigarh. However, the Defendant’s administrative office is situated in Delhi, falling within the jurisdiction of this Hon’ble Court. -
Transaction Leading to Dispute:
That in 2000, the Defendant approached the Plaintiff for the construction of a building for its paper mill located in Chandigarh. The Plaintiff undertook and completed the said construction, handing over possession to the Defendant in December 2013. -
Outstanding Dues:
That on 4th April 2014, the Plaintiff raised the final bill of Rs. 4,19,200/- against the Defendant for the aforementioned construction. In response, the Defendant issued a cheque bearing No. 213456 dated 18th April 2014, drawn on Punjab National Bank, Shahdara, Delhi, for the said amount. However, the cheque was dishonored upon presentation. -
Communication with Defendant:
That upon dishonor of the cheque, the Plaintiff immediately informed the Defendant and demanded payment of Rs. 4,19,200/- along with interest at the rate of 18% per annum. Despite repeated oral and written reminders, the Defendant failed to comply. -
Legal Notice:
That on 6th April 2015, the Plaintiff served a legal notice upon the Defendant demanding payment of the outstanding amount with interest. Despite receipt of the notice, the Defendant neglected and failed to pay the amount. -
Liability of Defendant:
That the Defendant is liable to pay the principal sum of Rs. 4,19,200/- along with interest at 18% per annum from the date of dishonor, i.e., 18th April 2014, till realization of the entire amount. -
Cause of Action:
That the cause of action in favor of the Plaintiff and against the Defendant first arose in 2000 when the Defendant approached the Plaintiff for the construction project. It further arose in December 2013 upon completion of the construction and in April 2014 when the cheque was dishonored. The cause of action is continuing as the Defendant has failed to settle the dues despite repeated demands. -
Limitation:
That the suit is within the period of limitation as prescribed under the Limitation Act, 1963. -
Jurisdiction:
That this Hon’ble Court has jurisdiction to entertain and try this suit as a substantial part of the cause of action arose in Delhi. The contract was executed in Delhi, payments were processed in Delhi, and the Defendant’s administrative office is located within the jurisdiction of this Hon’ble Court. -
Court Fees and Valuation:
That the suit is valued at Rs. 4,19,200/- for the purpose of court fees and jurisdiction. Appropriate court fee of Rs. __________ has been affixed. -
Compliance with Order XXXVII CPC:
That this suit falls within the ambit of Order XXXVII of the Code of Civil Procedure, 1908, as it pertains to recovery of a liquidated sum based on a written contract. No relief outside the scope of Order XXXVII CPC is claimed herein.
PRAYER:
In view of the foregoing, the Plaintiff respectfully prays that this Hon’ble Court may graciously be pleased to:
a. Pass a decree in favor of the Plaintiff and against the Defendant for a sum of Rs. 4,19,200/- (Four Lakhs Nineteen Thousand and Two Hundred Only) with interest at 18% per annum from 18th April 2014 till the filing of this suit;
b. Award pendent lite and future interest at 18% per annum on the decretal amount till realization;
c. Award costs of the suit in favor of the Plaintiff and against the Defendant;
d. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
Through:
(Advocate for the Plaintiff)
Place: Delhi
Date: __________
VERIFICATION
I, ___________, the Plaintiff above named, do hereby verify at Delhi on this ___ day of ________, 20, that the contents of paras 1 to 8 are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of business, paras 9 to 13 are true based on information received and believed to be true, and the last para contains my humble prayer to this Hon’ble Court.
(Plaintiff)
[Note: The plaint must be supported by an affidavit as per legal requirements.]
