ORIGINAL DRAFT OF SUMMARY SUIT UNDRE ORDER

XXXVII CPC FOR RECOVERY OF MONEY WITH

PENDENTLITE AND FUTURE INTEREST
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May 22, 2022

Civil LawCPC
May 22, 20221 By Avinash Nandan Sharma

IN THE COURT OF CIVIL JUDGE,

SAKET COURTS, NEW DELHI

(Summary Suit under Order XXXVII , CPC)

SUIT NO._______________of 2021

IN THE MATTER OF:

M/S Electricals Pvt. Ltd. …..PLAINTIFF

VERSUS

M/s Packaging Pvt. Ltd. ..…DEFENDANT

INDEX

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 S.NO. Particulars Pages Court Fee

1. Memo of Parties

2. Summary Suit Under

Order XXXVII CPC for Recovery

of Rs. 1,62,540/- with Pendentlite

and Future Interest.

3. Affidavit in Support

4. List of Documents along

with Documents

5. Vakalatnama

Filed By

(Avinash Nandan Sharma)

(Advocate )

Chamber No. 671, Patiala House Court

New Delhi-1

Place: Delhi

Date:10. 08.2021

IN THE COURT OF CIVIL JUDGE,

SAKET COURTS, NEW DELHI

(Summary Suit under Order XXXVII , CPC)

SUIT NO._______________of 2021

IN THE MATTER OF:

M/s Electricals Pvt. Ltd. …..PLAINTIFF

VERSUS

M/S Packaging Pvt. Ltd. ..…DEFENDANT

MEMO OF PARTIES

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M/s Electricals Pvt. Ltd.

A-2,,New Delhi-110013,
…..PLAINTIFF

VERSUS

1. M/s Packaging Pvt. Ltd.

5, Kolkata-700046,

West Bengal

2. Rajesh Agarwala ,the Director / Proprietor

M/s Packaging Pvt. Ltd.

5, Kolkata-700046,

West Bengal

Also at

2, Alipore

Kolkata700027 , West Bengal

..…DEFENDANTS

Filed by:

( Avinash Nandan Sharma )

(Advocate )

Chamber No. 671, Patiala House Court

New Delhi-1, Mob: 8800794128

Place: Delhi

Date: 10.08.2021

IN THE COURT OF CIVIL JUDGE,

SAKET COURTS, NEW DELHI

(Summary Suit under Order XXXVII , CPC)

SUIT NO._______________of 2021

IN THE MATTER OF:

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M/s Electricals Pvt. Ltd.

A-2, New Delhi-110013,

…..PLAINTIFF

VERSUS

1. M/s Packaging Pvt. Ltd.

5, Kolkata-700046,

West Bengal

2. Rajesh Agarwala ,the Director / Proprietor

M/s Packaging Pvt. Ltd.

5, Kolkata-700046,

West Bengal

Also at

2, Alipore

Kolkata700027 , West Bengal

..…DEFENDANTS

SUMMARY SUIT UNDRE ORDER XXXVII CPC FOR RECOVERY

OF RS. 1,62,540/- WITH PENDENTLITE AND FUTURE
INTEREST
MOST RESPECTFULLY SHOWETH:-

1. That the plaintiff is a Private Limited Company within the meaning of the
Companies Act, 1956, having its Registered Office at A-2 , New Delhi-13.
2. That Sh. Kumar , Senior Manager of the plaintiff Company is authorized by the
Board of Directors of the Plaintiff Company vide Board Resolution dated 07.2021
to initiate legal actions/ proceedings and / or any other legal proceeding(s) by or
against M/s. Electricals Pvt. Ltd. and to sign, verify and file plaint, applications,
complaints, affidavits and to do all other acts, deeds and things necessary for the
proper conduct and the proceedings of the present suit in all its stages. Sh. Kumar
is otherwise also fully conversant with the facts of the case as per the information
received and derived from the records and books of accounts of the Plaintiff
Company, which is being maintained by the plaintiff Company in its regular course
of business / activity and thus he is competent to depose and verify the facts.

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 3. That the defendant No.1 is a proprietorship firm /company and engaged into the
business running it under the name and style of M/s Packaging Pvt.Ltd. from the
above mentioned address. The defendant No. 2 is the proprietor of the defendant
1/Company /firm and in-charge of the day-to-day affairs of the said company/firm
i.e. defendant no.1, and are solely liable and responsible for the debt and liability
of the said firm / company.
4. That defendants contacted the plaintiff through their representative for the sale of
materials for which defendants sent a Performa invoice duly signed by the
defendant no.2 as an authorized signatory dated 29th September 2020 to the
plaintiff mentioning the sale amount of Rs. 7,55,050.46/- (Seven Lac fifty five
thousand fifty rupees and forty six paisa only) for the supply of a fixed quantity of
materials by you.
5. That Defendant agreed to performa invoice of the defendant company and
consented for the purchase of the agreed material. On 08.10.2020 Plaintiff made
the payment of 7,55,050/- (Seven Lac fifty five thousand fifty rupees only) to the
defendant by Central Bank of India through RTGS/ Bank Transfer. The copy of the
Bank Statement of the plaintiff Company is attached in the List of Documents.
6. That the defendant sent the material to the plaintiff through Consignee Copy bearing
no. 8819 dated 06.11.2020 through S.S. Logistcs , a public transporter. However ,
the materials supplied by you was not of the quantity agreed between parties
through Performa invoice dated 29.09.2020.
7. That the defendant also sent the Tax Invoice and Excise Invoice of Rs. 5,92,510/- in
total dated 06.11.2020 out of the already paid amount of Rs. Rs. 7,55,050/- through
RTGS for considered transaction. Thus, defendants retained with themselves the
mount of Rs. 1,62,540/- for which plaintiff many times called the defendant company
but they neither sent the material nor returned the balance money of Rs.1,62,540/-
to the plaintiff which shows malafide intention and unjust enrichment of the
defendants.
8. That when plaintiff tried to contact the defendants at this point they did not clear
their stand and assured the plaintiff that they will examine the statement of account
and do the needful. On the assurance of the defendants, the plaintiff kept waiting for
their response, however, finally respondents did not take note of this matter which
shows wrong intention of the defendant company.
9. That the plaintiff has also suffered in its trade due to unprofessional response and
illegal trade practice of the defendants by not complying the terms of agreement of
sale – purchase and intentionally and illegally retaining 1,62,540/- ( One Lac sixty
two thousand five hundred fourty rupees only) with themselves which is due and
payable by the defendant copany to the plaintiff as per the Performa invoice and
invoices given by the defendants to plaintiff and as per the ledger Account of
defendant maintained by the plaintiff attached in the List of Documents.
10. That inspite of the repeated request by the plaintiff copany as will its Lawyer, the
defendant company has failed to make the payment. In this reagar attention is
invited to legal notice dated 18.05.2021 sent through Lawyer, which was not even
replied by the defendants. The copy of Legal Notice along with its proof of service is
attached in the List of Documents.

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 11. It is stated that the plaintiff is entitled to file the suit under Order XXXVII CPC and a
decree of Rs.1,62,540/- is liable to be passed in its favour.
12. That the cause of action for filing this present suit arose in favour of the plaintiff and
against the defendants when the defendants sent a Performa Invoice to the Plaintiff
Company for supplying equipments on 29.09.2020 which was agreed and accepted
by the plaintiff company and gave advance amount of Rs. 7,55,050/- through RTGS
for considered transaction to the defendants. It further accrued on the dates when
the defendant company supplied the lesser quantity of the equipment/materials to
the plaintiffs on 06.11.2020. The cause of action further accrued when the
Defendants failed to deliver outstanding amount upon receipt of written reminders
and legal notice of Plaintiff Company. The Defendants have not returned or
liquidated the outstanding amount till date. Therefore the cause of action still
subsists and is continuing. Hence this suit.
13. That the deal between the plaintiff and defendants was finalized at the office of the
plaintiff at Delhi. The Plaintiff Company was supplied the equipment to Delhi by the
defendants. The plaintiff has made advance payment for the agreed supply of
materials to the Defendant Company at Delhi. The Legal Notice was issued to
defendant form Delhi. Hence, this Hon’ble Court therefore has jurisdiction to
entertain, try and dispose of this suit.
14. That the suit has been filed within the period of limitation.
15. That the value of the suit for the purposes of court fee and jurisdiction is calculated
at 1,62,540/- ( One Lac sixty two thousand five hundred fourty rupees only) on
which the requisite Court fees has been affixed by the plaintiff.
16. The plaintiff is filing this Suit Under Order XXXVII, CPC. No relief which does not fall
within the ambit of Order XXXVII Rule 2 CPC has been claimed in the plaint.
17. The plaintiff will rely on documents, a list whereof is attached hereto.

PRAYER
It is , therefore, most respectfully prayed that this Hob’ble Court would be pleased to pass
a decree in favour of the plaintiff and against the defendants for a sum of Rs. 1,62,540/- (
One Lac sixty two thousand five hundred fourty rupees only) with pendetlite and future
interest @ 18% per annum from the date of the decree till realization.

The cost of the suit be also awarded.

That any other relief(s) which this Hon’ble court may deem fit and proper under the
circumstances of the case may also be passed in favour of plaintiff and against the
defendant.

PLAINTIFF

THROUGH

( Avinash Nandan Sharma )

(Advocate )

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 Chamber No. 671, Patiala House Court

New Delhi-1, Mob. 8800794128

Place: Delhi

Date: 10.08.2021

VERIFICATION:-

I, the above named Petitioner do hereby state and verify on solemn affirmation that the
contents of Para No.1 to 10 of the above Plaint are true and correct to my knowledge and
Para No.11 to17 are based on the information received and believed to be true. Last Para
is prayer to this Hon’ble Court.

Verified at Delhi on this day 10th of August 2021.

PLAINTIFF

IN THE COURT OF CIVIL JUDGE,

SAKET COURTS, NEW DELHI

(Summary Suit under Order XXXVII , CPC)

SUIT NO._______________of 2021

IN THE MATTER OF:

M/s Electricals Pvt. Ltd. …..PLAINTIFF

VERSUS

M/S Packaging Pvt. Ltd. ..…DEFENDANT

AFFIDAVIT

I, Kumar S/o. Sh. Lal , aged about 43 years,Senior Manger of the plaintiff Company
having it office at A-2, New Delhi-110013 , do hereby solemnly affirm and declare as
under:-

1. That I am plaintiff in the above case and am conversant with the facts of the case
and competent to swear this affidavit.
2. That the accompanying plaint as the Summary Suit Under Order XXXVII, has been
drafted by my counsel under my instructions. The statements of facts contained
therein are true and correct to my knowledge.
3. That I am not repeating the contents of the accompanying petition herein for the
sake of brevity and the same be read as part and parcel of this affidavit.
4. That above is my true and correct statement.

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 DEPONENT

VERIFICATION:-

I, the above named A.R. of the plaintiff do hereby verify that the contents of my above
affidavit are true and correct to the best of my knowledge. No part of it is false and
nothing material has been concealed therefrom

Verified at Delhi on this day of 10th August. 2021.

DEPONENT

IN THE COURT OF CIVIL JUDGE,

SAKET COURTS, NEW DELHI

(Summary Suit under Order XXXVII , CPC)

SUIT NO._______________of 2021

IN THE MATTER OF:

M/s Electricals Pvt. Ltd. …..PLAINTIFF

VERSUS

M/S Packaging Pvt. Ltd. ..…DEFENDANT

List of Documents

1. No. Particulars Page No.

1. Certified true Copy of Certificate of Incorporation

Of the Plaintiff Company.

1. Certified true copy of Board Resolution dated

09.1.2021

2. Copy of Performa Invoice dated 29.09.2020

3. Consignee Copy of SS Logistics dated 06.11.2020
4. Copy of Packing Report dated 06.11.2020
5. Copy of Tax Invoice and Excise Invoice

dated 06.11.2020

6. Certified true copy of Ledger Account for

the period 1st April, 2020 to 28 August 2021.

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 7. Copy of legal Notices dated 18.05.2021

along with postal receipt.

PLAINTIFF

THROUGH

( Avinash Nandan Sharma)

(Advocate )

Chamber No. 671, Patiala House Court

New Delhi-1

Place: Delhi

Date: 10.08.2021

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