IN THE
HON’BLE COURT OF CIVIL JUDGE (Senior Division), FIROZABAD
O. S. No. of
2013
M/s Amber
Sheets & Boxes, a firm registered under the Indian Partnership Act, 1932 having
its Registered Office at A – 8, Industrial Estate, Firozabad-283203 (U. P.) and
carrying on business in partnership at A – 8, Industrial Estate,
Firozabad-283203 (U. P.), through its Partner Mr. Ravi Bansal s/o Late Sri Raj
Bahadure Bansal r/o 35, Bagh Chhingamal, Firozabad-283203 (U.P.).
……………………………….…Plaintiff
Versus
M/s Saraya
Distillery, a Company incorporated under Companies Act, and having its Registered
Office at 302, Thapar Arcade, 47, Kalu Sarai, Behind Azad Apartments, Hauz
Khas, Delhi – 110016 and carrying its business at Sardarnagar, District
Gorakhpur (U. P.) through its Vice President,
…………….……….…….…Defendant
SUIT FOR RECOVERY OF Rs. 6, 47, 163.00
COURT FEE PAID Rs. 50100.00
Sir,
The Plaintiff Respectfully Showeth:
1. That the plaintiff is a registered firm under the
Indian Partnership Act, 1932 having its Registered Office at A – 8, Industrial
Estate, Firozabad-283203 (U. P.) and carrying on its business in partnership at
A – 8, Industrial Estate, Firozabad-283203 (U. P.) under the name and style of M/s Amber
Sheets & Boxes. The copy of the
Registration Certificate is enclosed as Annexure –1.
2. Mr. Ravi Bansal through whom the present suit is being
instituted is the Partner of the plaintiff Firm. Mr. Ravi Bansal has been
authorized to file this suit by other remaining two partners Smt. Anjali Bansal
and Mr. Vikrant Bansal vide Resolution Dated 04.02.2013 and he is fully
competent to engage the counsel, sign the vakalatnama, plaint, affidavit,
applications etc. to depose before this Hon’ble court and to do such other
acts, deeds and things. The copy of the Resolution is enclosed as Annexure – 2.
3. That the plaintiff is engaged in the business of manufacturing
of corrugated boxes and rolls and the defendant has been purchasing the goods
from the plaintiff from time to time. During the course of business the plaintiff issued proper
bills to the defendant, which were accepted and acknowledged by the defendant.
4. That during the course of business with the defendant,
the plaintiff has agreed that the amount of sold goods shall be made by the
defendant to the plaintiff till the end of financial year i, e., March 31
coming next since the date of sale of goods.
5. That as per the statement of account maintained by the
plaintiff the balance amount of Rs. 7,81,419.00 was outstanding on 01.04.2009 against the defendant and in
continuation of business the plaintiff sent goods of Rs. 2,14,949.00 on
18.05.2009 vide Invoice No. 1/14 but on the request of the defendant credited
his account by Rs. 3195.00 on the ground of ‘Rate Difference.’ After this
transaction the defendant paid Rs. 2,21930.00 by Cheque No. 507585 drawn on
Punjab National Bank.
6. That the plaintiff sent goods of Rs. 1,00,009.00 on
23.05.2009 vide Invoice No. 1/16 but on the request of the defendant credited
his account by Rs. 8221.00 on the ground of ‘Shortage-in-Transit.’ After this
transaction the defendant paid Rs. 2,15,868.00 by Cheque No. 507664 dated
20.06.2009 drawn on Punjab National Bank.
7.
That as
per the statement of account maintained by the plaintiff, the Closing Balance
of Rs. 6,47,163.00 was
outstanding as on 31.03.2010 against the defendant after receiving the last
payment of Rs. 2,15,868.00 on 20.06.2009. The photocopy of statement of account
is enclosed as Annexure – 3.
8. That as per the terms and mutually settled conditions
of the business the defendant has to make the payment of Rs. 6,47,163.00 to the plaintiff till the end of financial year i, e.,
March 31, 2010 on the delivery of the goods which was supplied to the defendant
in time but the payment was not made by the defendant up to now. Thereafter so
many requests were made to the defendant to make the payment but the defendant
failed to make the payment.
9. That the account of the defendant became irregular and
in spite of repeated requests and demands the defendant failed to regularize
their account and also failed to make the payment in time.
10. That the plaintiff requested the defendant several
times to make the payment of the outstanding amount which is lying against him
but the defendant on one pretext or the other avoided to the legitimate
requests of the plaintiff without any cause or reason and has stopped the
payment of the plaintiff. In this contest the plaintiff has so many times
orally and in writing approached the defendant to make the payment of the
outstanding amount lying with the defendant.
11. The defendant is evading and neglecting the payment of
the plaintiff with one false pretext or the other and with some ulterior
purpose and motives therefore, the plaintiff cannot trust on the defendant anymore
and cannot wait for an indefinite period hence he has been compelled to take
efficacious legal action against the defendant.
12. That the plaintiff was induced by the defendant to
believe in making false representations that they would honour the payment on
receipt of the invoice but plaintiff realized later that the intentions of the
defendant was not clear and became decisive, the defendant after receiving the
goods, converted the same in their own use and still the defendant has not paid
the money to the plaintiff as assured by him.
13. That the defendant fraudulently and dishonestly induced
the plaintiff to deliver his goods and as such the defendant deceived the
plaintiff and caused wrongful loss. The defendant was bound to protect the
interest of the plaintiff but the defendant failed to do so hence the defendant
has committed an offence punishable under IPC and other provisions of the law.
14. That as per the initial terms and conditions printed on
the invoice and settled with the defendant by the plaintiff, the plaintiff is
entitled for an interest @ 24 % per annum which is the prevailing rate in the
market usage on outstanding. The plaintiff claims interest at the above rate
from the defendant it became due since 01.04.2010 till the date of realization.
15. That plaintiff served a Legal Notice dated 05.02.2013
through registered post upon the defendant calling upon him to make the payment
of Rs. Rs. 6, 47, 163.00 along
with interest @ 24 % per annum which was duly received by the defendant. The
defendant neither replied the notice nor paid the required amount as prayed in
the notice dated 05.02.2013.
16. That the present suit being filed by the plaintiff
against the defendant is the first suit and no such suit has been previously
filed, pending or decided by any court of law on the same subject matter.
17. That the cause of action to file the present suit
accrued on each and every date when the plaintiff requested the defendant to
make the payment of the outstanding amount due against the defendant. The cause
of action finally accrued in favour of the plaintiff and against the defendant on
05.02.2013 when the plaintiff sent a Legal Notice to the defendant calling upon
to make the payment of the plaintiff outstanding against the defendant but the
defendant neither replied the notice nor paid the required amount as prayed in
the notice date. Hence this suit.
18. That plaintiff resides and entire cause of action also
accrued between the parties at Firozabad, within the territorial jurisdiction
of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction
to entertain and try the present suit.
19. That the value of the suit for the purposes of court
fee and jurisdiction is assessed at Rs. Rs. 6, 47, 163.00 upon which Ad valorem
Court fee Stamp of Rs. 50,100.00 has been attached with the plaint.
PRAYER
It is, therefore, prayed that this
Hon’ble court may graciously be pleased to pass
(i)
a decree
for recovery of Rs. 6, 47, 163.00 may kindly be passed in favour of the plaintiff and against
the defendant;
(ii)
costs of
the suit may be awarded in favour of the plaintiff and against the defendant; and
(iii)
any other
relief to which this Hon’ble Court deems fit and proper may kindly be granted
in favour of the plaintiff and against the defendant.
PLAINTIFF
VERIFICATION: - Verified
that the content of paragraph No. 01 to 16 of this plaint is base on personal
knowledge and belief of the plaintiff while the content of paragraph No. 17, 18
and 19 of this plaint is base on the legal advice given to me and I believe to
this advice to be true and correct.
Verified on this 29th day
of March 2013 at District & Sessions Court Compound, Firozabad.
PLAINTIFF
THROUGH
(PRAVEEN KUMAR BHATNAGER)
LL.
M., ADVOCATE
No comments:
Post a Comment