SUMMARY SUIT
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO
OF 2017
(Under Order XXXVII of the Code Civil Procedure,
1908)
PLAINTIFF
… M/S.SURAT AMMONIA & CHEMICAL COMPANY
A Regd.
Partnership firm Under the Indian
Companies Act. - Business, and
having its Head Office at :- 106/B, Regent Tower, Opp. Income Tax Office, Race
Course Circle, Baroda – 390007. And having its Plant & Factory Situated at
:- Plot NO.2018, Phase – III, GIDC Estate, Vatva,
Through its
Authorize Person Mr. Kirtankumar G. Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis
Heights,5th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi
Vadodara 390023.
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED
AT :- Survey No.27, Veedia
Village, Gahdnghli Road, SIHOR, TA. & DIST :- BHAVNAGAR.
Suit
Valued at Rs.2,70,282.00
The
plaintiff above named respectfully begs to submit before the Hon’ble Court ad
under:-
1.. That the plaintiff is a Registered Partnership frim, under
the The Indian Partnership Act. And having its shop/office at the address
mentioned in the cause title of the suit. The plaintiff is inter-alia engaged
in the business of Manufacturing and selling certain Anhydrous Ammonia Gas,
Liquor Ammonia and other chemicals goods
on wholesale sale and semi wholesale basis and the Present Suit filed by the Authorize
Person of the Plaintiff Firm.
(2) The plaintiff humbly submits that the
Defendant is carrying out its business in name and style of M/S. VAISHNAVI BIO
TECH LIMITED , At the address which is mentioned in the cause title. The
plaintiff craves the leave of the
(3) The plaintiff submits that the Defendant approached the plaintiff
in the year 2015-2016 and requested to
supply LIQUOR AMMONIA, goods as per the
credit facilities, and other related terms and con ditions agreed between the
plaintiff and defendant. Plaintiff opened an account in its books of account
for defendant at BARODA Office and defendant have issued a Purchase Order, and
as per purchase order Plaintiff started
to effect supply of goods to the defendant as per the order and specifications
given by the Defendant. The plaintiff was raising the Bills/Invoice for the
goods supplied to defendant and the defendant had received the goods without
any defect and had acknowledge the same without any complaint.
(4) The plaintiff submits that the plaintiff is a Partnership firm and
maintains and keeps books of account of the all transactions of all the parties
including the present defendant . The Plaintiff states that it supplied to the
Defendant the goods on credit basis and the defendant in due course of time was
making payments as per its convenience but was not that particular and regular in
making the payments Accordingly running account was being maintained by and between
the parties. The Defendant has never raised any disputes regarding quality of
the goods supplied to it.
(5) The Plaintiff states that the business
relation with the defendant started in the year 2015. And Defendant has
purchased good worth Rs.6,54,235/- from 26/10/2015 to 2/2/2016. The Plaintiff
submits that the defendant has failed to make full payment towards its
following Bill(s)/Invoice(s) and a full bill amount still remains as
outstanding dues in the Books of Accounts maintained by the Plaintiff.
|
Bill/Invoice
No. |
Date |
Bill/Invoice
Amount [Rs.] |
|
2163 |
18/12/2015 |
1,47,609.00 |
|
2466 |
02/02/2016 |
1,39,293.00 |
|
|
Total |
2,86,902.00 |
(6) The plaintiff submits that as per the book of account maintained
by the plaintiff, the Defendant had purchased Chemical goods worth Rs.6,54,235/-
Thereafter the Plaintiff has contacted the defendant several times
telephonically/personally to pay the outstanding dues, and defendant had paid
only a part payment of Rs.4,22,661/- (i.e. Rs.1,22,661/- on Dt.1/12/2015,
Rs.2,00,000/- on 29/1/2016, & Lastly Rs.1,00,000’- on 5/4/2016) which is
credited in defendant’s account by the plaintiff and after crediting the same
Rs.2,31,574-00 still outstanding dues in defendant’s account. Therefore,
defendant is liable to pay 15 % Interest on due amount from 2/2/2016 to 31/03/2017.
Plaintiff states that thereafter
number of reminder send to the defendant for clear the outstanding dues but defendant
failed to make the payment and finally the Plaintiff called upon the defendant
to clear the outstanding by issuing legal notice dated.11/2/2017 by RPAD. which
was duly served to the Defendant. but defendant failed to make compliance with
the same. The Plaintiff states that till date the defendant has neither made
the outstanding payment of Rs.2,31,574.00
being the Principal amount nor has given any reply to the notice issued
by the Plaintiff. It is further submitted that the plaintiff is entitled to
charge the interest at the rate of 15 % per annum as agreed and understood by
the defendant and as per the terms and condition of the bill/Invoices raised to the defendant.
(7) The plaintiff is entitled to demand payment of the aforesaid
amount as the defendant has failed and neglected to make the payment of the
said amount due and/or any part thereof in response to the aforesaid reminders
and notice. Under the above circumstances the Plaintiff is constrained to file
this suit to recover the dues with interest @ of 15 % and cost.
(8) The Plaintiff is a proprietary firm and regularly maintains its
Books of Account and as per the same Rs.6,54,235.00
being the principal amount and interest Rs.36,708.00 Interest
accrued @ of 15 % p. a & Notice
Charges Rs.2,000.00, aggregating to Rs.6,92,943.00 are due and payable by
the defendant as on 31/03/2017 more particularly calculated hereunder:-
|
|
Description |
Amount [Rs.] |
|
A. |
Principal Amount of as per Statement of Accounts. |
6,54,235.00 |
|
B. |
Interest – @
15 % p.a. |
0,36,708.00 |
|
C. |
Notice charges |
0,02,000.00 |
|
|
Total amount due with interest, Notice charges [A+B+C] |
6,92,943.00 |
|
|
LESS |
|
|
A. |
Payment paid by
defendant, from 26/10/2015 to 31/03/2017
as per statement of account |
4,22,661.00 |
|
|
TOTAL OUTSTANDING DUES |
2,70,282.00 |
(RUPEES TWO LACS
SEVENTY THOUSAND TWO HUNDRED EIGHTY TWO ONLY)
It is submitted that the
defendant has will fully defaulted and have no intention to repay the debt due
to the Plaintiff. Therefore, plaintiff is constrained to file the present suit
for recovery of Rs.2,70,282.00 being
the debt due as on 31-03-2017 against the defendant before this Hon’ble Court.
(9) The plaintiff submits that the Registered office & factory of the
plaintiff is situated at BARODA and carrying on its business at BARODA. The
aforesaid transaction were arised out between the plaintiff and defendant at BARODA,
the goods was supplied to defendant from Plaintiff’s factory and
accounts are maintained at BARODA. and there is a condition in the invoice/Bill
i.e. “Subject to BARODA Jurisdiction” and thereby the defendant was
submitted to the jurisdiction of this
(10) The Plaintiff states that the cause of action
for filling the present suit has arisen as on date when the defendant failed to
make the payment of the outstanding dues towards the cloth goods supplied by
the Plaintiff by number of invoice and defendant failed to pay the payment of
invoice Dt.18/12/2016, & 2/2/2016 as
per the statement of accounts, Part payment was made from 1/12/2015 to 5/4/2016
, and when the demand notice issued dated
11/2/2017 raising the outstanding dues with interest to the defendant and the
said notice duly served to the defendant, and defendant failed to make payments in compliance with the same, and as
such cause of action is still continuing.
(11) The Plaintiff states that the suit is filed within the prescribed
period of limitation.
(12) In view of the facts and circumstances narrated above, the
Plaintiff prays to this
A. The Hon’ble court may by pleased to allow the suit and pass
decree against the defendant for the sum of Rs.2,70,282.00 (RUPEES TWO LAC SEVENTY THOUSAND TWO HUNDRED
EIGHTY TWO ONLY) together with interest pendente-lite at the rate of 15 % per
annum from the date of filling of this suit till realization in favour of the
Plaintiff and against the defendant along with all costs, charges and other
expenses that may be incurred from the date of filing of this suit till payment
and/or realization by the plaintiff.
B. Any other and further relief’s be granted in favour of the
plaintiff against the defendant.
(13) For the purpose of Court Fee. Advocate Fees and jurisdiction the
plaintiff values its claim in the suit at Rs.2,70,282/-
and has paid court fees of Rs.9,550.00 thereon.
(14) The present
suit filed under order 37 Civil Procedure Code and the relief is claimed
accordingly. No relief that falls outside the ambit of the order has been
claimed in the plaint.
(15) Copy of Plaint, duplicate copy of plaint, Affidavit, Vakalatnama,
list, Address Pursis & Application of Summons Served to the Defendant by
R.P.A.D Post and Through Court Bailief by taking Emergent Process Fess and copy
of the plaint for defendant are filed herewith.
(16) The address of the plaintiff as stated in the title of the plaint
is true and correct as per the order 6 rule 14 (A) of the Civil Procedure Code.
BARODA
Date: /03/2017
Verification
I, Kirtankumar G.
Panchal Authorize Person of the plaintiff firm, do hereby state and
verify that whatever stated in the Plaint is true and correct to the best of my
knowledge, information and belief which I believe to be true and correct.
BARODA
Date: /06/2017
V
A K I L A T N A M A
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO. OF 2017
PLAINTIFF:
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH
LIMITED
I/We, Plaintiff, the undersigned do
hereby appoint and
authorize Shri ,ADVOCATE.
BARODA to act, appear and plead for me/us in the above matter and on my/ our
behalf to conduct all proceedings connected with the same including proceedings
in suits, appeal, and revision to file and obtain return of documents and
application fro review, and to present me/us and to take all necessary steps on
my/our behalf in the above matter. The said advocate when he/is unable to
remain present and for any reason will be entitled to give proxy to any
Advocate of his choice. I/We agree to ratify all acts done by the aforesaid
advocate in pursuance of this authority.
Date: /06/2017
I
ACCEPT.
SUHAG D. JADAV
ADVOCATE.
SHED NO.3, CITY
CIVIL COURT,
INCOME TAX, BARODA
M.NO.9824029242
IN
THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO. OF
2017
PLAINTIFF: M/S.SURAT AMMONIA
& CHEMICAL COMPANY
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH
LIMITED
LIST OF DOCUEMNTS
The
Plaintiff produces documents by way of List
Sl No. Description Date
01 Office Copy of Partnership firm agreement 19/01/2015
02 Office Copy of Bill No.955 19/03/2015
03 Office
Copy of Notice 24/12/2016
04 Copy of Original cover
05 Statement of Accounts
06 Copy of Power Of Attorney
v
Date : /03/2017
Plate : BARODA Advocate
for Plaintiff
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO. OF 2017
PLAINTIFF: M/S.SURAT AMMONIA
& CHEMICAL COMPANY
VERSUS
DEFENDANT: M/S. RATNADEEP METAL & TUBES LIMITED
PLAAINTIFF’S ADDRESS PURSIS
The address of the plaintiff as
stated in the title of the plaint is true and correct as per the order 6 rule
14 (A) of the Civil Procedure Code.
Place : BARODA
Date : -06 -2017 Advocate
for Plaintiff.
Suhag D. Jadav
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO. OF 2017
PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED
SUBJECT
: PERMISSION APPLICATION.
I, the Plaintiff
do solemnly state as under through this
application that :
1.. The Names
and Address mentioned in the cause of title of the suit is true and fair.
2.. The
defendant/s are outside the limits of BARODA
3.. The said
financial transaction was taken place in the BARODA city. They are residing
outside of BARODA city. Therefore, this application is filed for the filing of
suit before your honour.
4.. It is therefore prayed that …
(A) In
considering the said transaction, the Hon’ble court may permit us to file suit.
5.. The required affidavit is enclosed here.
6.. The necessary court fees stamp is affixed on
this application.
BARODA.
DT.
/06 /2017. ------------------------
PLAINTIFF.
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO. OF 2017
PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED
I, Mr. Kirtankumar G.
Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis
Heights,5th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi
Vadodara 390023. do hereby take an oath and
state on solemn affirmation as under …
1.. The Names and Address mentioned in the cause
of title of the suit is true and fair.
2.. The defendant/s are outside the limits of BARODA
City, However, the transaction has been taken place within the city of BARODA. As
per the terms and conditions agreed between the parties, the payment was to be
made in BARODA to the plaintiff. Therefore, this Hon’ble Court has
jurisdiction to try the suit.
3.. The said financial transaction was taken
place in the BARODA city. They are residing outside of BARODA city. Therefore,
this application is filed for the filing of suit before your honour.
What is stated herein above is true to the best of my own
knowledge.
BARODA.
DT.
/06 /2017. ------------------------
PLAINTIFF.
IN
THE SMALL CAUSES COURT AT BARODA.
S.S.NO. OF
2017
PLAINTIFF:- M/S. SAHEJA SUITS
VERSUS
DEFENDANT:M/S. VAISHNAVI
BIO TECH LIMITED
SUIT VALUED AT RS.3,44,120.00
STAMP
RS.4900.00
SUB : PLAINTIFF’S SUMMARY SUIT UNDER
ORDER-37 OF C.P.C.-1908.
: Duplicate Copy, Plaint, V.P., List, Pursis,
Application.
Filed On
: /06/2017
ADVOCATE FOR PLAINTIFF
SUHAG
D. JADAV
ADVOCATE,
SHED NO.1,CITY CIVIL
COURT, INCOME TAX, BARODA
M.NO.9824029242
SANAD
NO.G/1428/2003.
PLAINTIFF’S ADVOCATE MR. SUHAG
D.JADAV
IN THE SMALL CAUSES COURT AT BARODA
SUMMARY SUIT NO
OF 2017
(Under Order
XXXVII of the Code Civil Procedure, 1908)
PLAINTIFF
… M/S.SURAT AMMONIA & CHEMICAL COMPANY
A Regd. Partnership
firm Under the Indian Companies Act. - Business, and having its Head Office at :- 106/B,
Regent Tower, Opp. Income Tax Office, Race Course Circle, Baroda – 390007. And
having its Plant & Factory Situated at :- Plot NO.2018, Phase – III, GIDC
Estate, Vatva,
Through its
Authority Person Mr. Kirtankumar G. Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis
Heights,5th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi
Vadodara 390023.
VERSUS
DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED
AT :- Survey No.27, Veedia
Village, Gahdnghli Road, SIHOR, TA. & DIST :- BHAVNAGAR.
AFFIDAVIT
I, Mr. Kirtankumar G.
Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis
Heights,5th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi
Vadodara 390023. do hereby take an oath and
state on solemn affirmation as under …
1.. That the plaintiff is a Registered Partnership frim,
under the The Indian Partnership Act. And having its shop/office at the address
mentioned in the cause title of the suit. The plaintiff is inter-alia engaged
in the business of Manufacturing and selling certain Anhydrous Ammonia Gas,
Liquor Ammonia and other chemicals goods
on wholesale sale and semi wholesale basis and the Present Suit filed by the Authority
Person of the Plaintiff Firm.
(2) The plaintiff humbly submits that the
Defendant is carrying out its business in name and style of M/S. VAISHNAVI BIO
TECH LIMITED , At the address which is mentioned in the cause title. The
plaintiff craves the leave of the
(3) The plaintiff submits that the Defendant approached the plaintiff
in the year 2015-2016 and requested to
supply LIQUOR AMMONIA, goods as per the
credit facilities, and other related terms and conditions agreed between the
plaintiff and defendant. Plaintiff opened an account in its books of account
for defendant at BARODA Office and defendant have issued a Purchase Order, and
as per purchase order Plaintiff started
to effect supply of goods to the defendant as per the order and specifications
given by the Defendant. The plaintiff was raising the Bills/Invoice for the
goods supplied to defendant and the defendant had received the goods without any
defect and had acknowledge the same without any complaint.
(4) The plaintiff submits that the plaintiff is a Partnership firm
and maintains and keeps books of account of the all transactions of all the
parties including the present defendant . The Plaintiff states that it supplied
to the Defendant the goods on credit basis and the defendant in due course of
time was making payments as per its convenience but was not that particular and
regular in making the payments Accordingly running account was being maintained
by and between the parties. The Defendant has never raised any disputes
regarding quality of the goods supplied to it.
(5) The Plaintiff states that the business
relation with the defendant started in the year 2015. And Defendant has
purchased good worth Rs.6,54,235/- from 26/10/2015 to 2/2/2016. The Plaintiff
submits that the defendant has failed to make full payment towards its
following Bill(s)/Invoice(s) and a full bill amount still remains as
outstanding dues in the Books of Accounts maintained by the Plaintiff.
|
Bill/Invoice
No. |
Date |
Bill/Invoice
Amount [Rs.] |
|
2163 |
18/12/2015 |
1,47,609.00 |
|
2466 |
02/02/2016 |
1,39,293.00 |
|
|
Total |
2,86,902.00 |
(6) The plaintiff submits that as per the book of account maintained
by the plaintiff, the Defendant had purchased Chemical goods worth Rs.6,54,235/-
Thereafter the Plaintiff has contacted the defendant several times
telephonically/personally to pay the outstanding dues, and defendant had paid
only a part payment of Rs.4,22,661/- (i.e. Rs.1,22,661/- on Dt.1/12/2015,
Rs.2,00,000/- on 29/1/2016, & Lastly Rs.1,00,000’- on 5/4/2016) which is
credited in defendant’s account by the plaintiff and after crediting the same
Rs.2,31,574-00 still outstanding dues in defendant’s account. Therefore,
defendant is liable to pay 15 % Interest on due amount from 2/2/2016 to 31/03/2017.
Plaintiff states that
thereafter number of reminder send to the defendant for clear the outstanding
dues but defendant failed to make the payment and finally the Plaintiff called
upon the defendant to clear the outstanding by issuing legal notice dated.11/2/2017
by RPAD. which was duly served to the Defendant. but defendant failed to make
compliance with the same. The Plaintiff states that till date the defendant has
neither made the outstanding payment of Rs.2,31,574.00
being the Principal amount nor has given any reply to the notice issued
by the Plaintiff. It is further submitted that the plaintiff is entitled to
charge the interest at the rate of 15 % per annum as agreed and understood by
the defendant and as per the terms and condition of the bill/Invoices raised to the defendant.
(7) The plaintiff is entitled to demand payment of the aforesaid
amount as the defendant has failed and neglected to make the payment of the
said amount due and/or any part thereof in response to the aforesaid reminders
and notice. Under the above circumstances the Plaintiff is constrained to file
this suit to recover the dues with interest @ of 15 % and cost.
(8) The Plaintiff is a proprietary firm and regularly maintains its
Books of Account and as per the same Rs.6,54,235.00
being the principal amount and interest Rs.36,708.00 Interest
accrued @ of 15 % p. a & Notice
Charges Rs.2,000.00, aggregating to Rs.6,92,943.00 are due and payable by
the defendant as on 31/03/2017 more particularly calculated hereunder:-
|
|
Description |
Amount [Rs.] |
|
A. |
Principal Amount of
as per Statement of Accounts. |
6,54,235.00 |
|
B. |
Interest – @ 15 % p.a. |
0,36,708.00 |
|
C. |
Notice charges |
0,02,000.00 |
|
|
Total amount due with interest, Notice charges [A+B+C] |
6,92,943.00 |
|
|
LESS |
|
|
A. |
Payment paid by
defendant, from 26/10/2015 to 31/03/2017
as per statement of account |
4,22,661.00 |
|
|
TOTAL OUTSTANDING DUES |
2,70,282.00 |
(RUPEES TWO LACS
SEVENTY THOUSAND TWO HUNDRED EIGHTY TWO ONLY)
It is submitted that the
defendant has will fully defaulted and have no intention to repay the debt due
to the Plaintiff. Therefore, plaintiff is constrained to file the present suit
for recovery of Rs.2,70,282.00 being
the debt due as on 31-03-2017 against the defendant before this Hon’ble Court.
(9) The plaintiff submits that the
Registered office & factory of the plaintiff is situated at BARODA
and carrying on its business at BARODA. The aforesaid transaction were arised
out between the plaintiff and defendant at BARODA, the goods was supplied to
defendant from Plaintiff’s factory and accounts are maintained at BARODA.
and there is a condition in the invoice/Bill i.e. “Subject to BARODA
Jurisdiction” and thereby the defendant was submitted to the jurisdiction
of this
(10) The Plaintiff states that the cause of action
for filling the present suit has arisen as on date when the defendant failed to
make the payment of the outstanding dues towards the cloth goods supplied by
the Plaintiff by number of invoice and defendant failed to pay the payment of
invoice Dt.18/12/2016, & 2/2/2016 as
per the statement of accounts, Part payment was made from 1/12/2015 to 5/4/2016
, and when the demand notice issued dated
11/2/2017 raising the outstanding dues with interest to the defendant and the
said notice duly served to the defendant, and defendant failed to make payments in compliance with the same, and as
such cause of action is still continuing.
(11) The Plaintiff states that the suit is filed
within the prescribed period of limitation.
What is stated herein above is true
to the best of my own knowledge.
BARODA
/06/2017
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