Suit for Recovery under Order XXXVII of CPC

Suit for Recovery under Order XXXVII of CPC

IN THE COURT OF DISTRICT & SESSION JUDGE, [[DISTRICT OR PLACE]].

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, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Defendant

SUIT FOR RECOVERY OF RS. 4, 19,200/-(FOUR LAKH NINETEEN THOUSAND TWO HUNDRED ONLY) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

  1. That the Plaintiff is a Company constituted under the Companies Act having its registered office at B-40, Safdarjung Enclave, New Delhi. Mr. P. 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 a builder of international repute and has earned a big name in its business.
  3. That the Defendant is a Company incorporated under the Companies Act having their registered office at ……Chandigarh.
  4. That the Defendant approached the Plaintiff for construction of a building for their paper mill at Chandigarh some time in the year …..
  5. That the plaintiff and the defendant entered into an agreement for the construction of a building a sper the site plan and specifications.
  6. That the Plaintiff constructed the building and handed over the possession of the same to the Defendant sometime in……(date).
  7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant on account of the construction of their paper mill at Chandigarh against which the Defendant handed over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on Punjab National Bank, Shahdara, Delhi to the Plaintiff.
  8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon presentation vide bank memo dated……
  9. That the Plaintiff immediately informed the Defendant about the dishonour 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.
  10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with interest at the rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However, no payment has been made by the Defendant despite the said notice.
  11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @ 18% per annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest from……(date) upto the date of filing of this suit @ 18% per annum.
  12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in 2000 when the Plaintiff was approached by the Defendant for construction of their paper mill. It further arose in…….. when the said building was completed and handed over to the Defendant and on ……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of action arose on all dates when the Plaintiff called upon the Defendant to make the payment and the later failed to comply with it. The cause of action is till subsisting as the Defendant has failed to pay the outstanding amount despite repeated oral and written requests and reminders from the Plaintiff.
  13. The suit is within the period of limitation.
  14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of action arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all the payments upto this date have been made at Delhi and the payment of the outstanding amount was also to be made at Delhi. The Administrative Office of the Defendant is situated at Delhi where they carry on the work for their gain.
  15. The value of this suit for the purposes of court fee and jurisdiction is Rs. ——— on which court fee of Rs. ___________is paid.
  16. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief has been claimed which does not fall within the ambit of Order XXXVII.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:-

(a). Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @ 18% per annum from ……(date) upto the date of filing the suit in favour of the Plaintiff and against the Defendant;

(b). award pendentlite and future interest at the rate of 18% per annum on the above stated amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @ 18% per annum from …..(date) upto the date of filing the suit in favour of the Plaintiff and against the Defendant;

(c). award cost of the suit in favour of the Plaintiff and against the Defendant; and

(d). pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[Signature of the Plaintiff]

[Name of the Plaintiff]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] that the contents of paras 1 to … of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras …. to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[Signature of the Plaintiff]]

[[Name of the Plaintiff]]

[NOTE : The above plaint must be supported by an Affidavit]

Note: A student should mention the correct paragraphs in the verification and also focus on

territorial and pecuniary jurisdiction.