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NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES
SCHOOL OF LAW, BENGALURU
DRAFT A PLAINT
SUBJECT – DRAFTING, PLEADING AND CONVEYANCING
BATCH 2021-2026
ASSIGNMENT- 1
SUBMITTED BY : SUBMITTED TO:
MAHIKA RAO. PROF SAHHANA REDDY
3RD YEAR BBA LLB (HONS) ASST. PROFESSOR OF LAW
NMIMS, BENGALURU
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BEFORE THE HON’BLE CITY CIVIL COURT, BENGALURU
ORDER VII RULE 1 OF CIVIL PROCEDURE CODE 1908
O.S NO. 227 OF 2013
IN THE MATTER OF :-
M.s Riya Kapoor
Sudarshan apartments, 4th cross road
Bengaluru .................................................................................................................. plaintiff
VERSUS
Spark fitness
Emerge private fitness studio, Jayanagar
Bengaluru. ................................................................................................................. Defendant
MEMORANDUM OF PLAINT, UNDER ORDER VII RULE 1, OF CIVIL
PROCEDURE CODE 1908, r/w SECTION 73, OF INDIAN CONTRACT
ACT 1872.
The Plaintiff abovenamed most respectfully showeth:
1. That the plaintiff, Ms. Riya Kapoor a renowned Bollywood actress known for her
impeccable image and family legacy. Residing in Bengaluru and within the jurisdiction
if this Hon’ble court. Riya Kapoor has managed to take forward the family’s legacy and
held the position of the finest actors in Bollywood. Ms Kapoor is known for her excellent
acting and onscreen presence. That the defendant, Spark fitness residing in Bengaluru
and within the jurisdiction of this Hon’ble court. Spark fitness is a leading fitness
equipment manufacturer.
2. Ms Kapoor signed an endorsement deal with spark fitness on 1st January 2022 for the
purpose of promoting their new line of home exercise machine. The contract gave Ms
Kapoor exclusive rights to represent the brand for a year, in addition with public
appearances, social media promotions and participation in promotional videos.
3. The defendant agreed to pay the plaintiff a significant fee and monthly royalties based
on the sales generated through her endorsement.
4. Ms Kapoor fulfilled her obligations, attending launch events, creating engaging
promotional videos and active promotion of the brand on her social media platforms.
This has further boosted the sales of Spark fitness.
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5. Six months into the contract, the defendant had abruptly terminated the agreement on 1st
July 2023 without any prior warning or valid reason. The defendant publicly announced
the termination citing “ image concerns ”
6. This severely damaged the reputation of Ms Kapoor and her brand value, leading to the
loss of potential endorsement deals and career set backs.
7. In consideration for Ms Kapoor’s services, she has ensured to fulfil her contractual
obligations. Ms Kapoor’s social media posts with spark fitness have reached millions of
people. A collaboration video made by Ms Kapoor showcasing various DO IT
YOURSELF exercises at home reached 20 million views which boosted the sales of the
defendant in massive numbers. Spark fitness unilaterally terminated the contract without
giving any justifiable cause, which leads to breach of contract on part of the defendant.
8. Due to terminating the contract within 6 months on part of the defendant, it has resulted
in causing a massive decrease in the sales of the defendant company. The sales dropped
by 50% and the company has no longer a social media presence. People who have
associated with spark fitness due to Ms Kapoor’s popularity have disassociated
themselves after termination of contract.
9. Ms Kapoor is entitled to royalties and contractual fees of amount 25lakhs as per the
terms and conditions of the contract. The failure to provide the remaining does not only
infringe the plaints financial expectations outlined in the contract but also reflects a lack
of good faith to adhere to the mutually agreed terms and conditions. This resulted is
causing major damages to Ms Kapoor where massive films signed by her were
terminated due to the media controversy surrounding her.
10. This has led to a massive backlash on the reputation and image of the plaint. This further
affected the future endorsements of Ms. Kapoor where potential deals with massive brands
were cancelled and her career started facing a downfall in this competitive industry.
11. Ms. Kapoor known for the legacy the family carries throughout generations has majorly
affected the reputation and image of the plaintiff. Defamatory statements of Ms Kapoor’s
involvement with a married woman from the industry, popularly known as Alia Bhatt surfed
throughout social media. various News channels such as THE NATION WANTS TO
KNOW have made defamatory statements questioning her character by calling her an Insult
to society and wrong influence.
12. The defendant publicly defamed Ms. Kapoor by claiming she had sex with several of the
crew members, calling her out for dressing how she pleased, and saying "she is asking for
it." No males came forward to admit that she was having an affair. The accused did not
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present any proof to support their claims. This had a significant negative impact on Ms.
Kapoor's career.
13. This Hon’ble court has the jurisdiction to entertain this suit because the cause of action
arose in Bengaluru. The contract on part of the plaintiff and defendant was entered in
Bengaluru
PRAYER
It is, therefore most respectfully prayed that this Hon,ble Court may be pleased to:
a) Award Compensation for lost income due to cancelled endorsement deals and damages
under section 73 and 74 of Indian contract Act 1872.
b) Award contractual fees of amount 25,00,000 as per the terms and conditions of the contract
c) Defendant is guilty for defamation under section 499 and 500 IPC
d) Award cost of the suit in favor of the plaintiff and against the defendant
e) And pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.
Plaintiff
Through advocate
VERIFYING AFFIDAVIT
That I am the plaintiff in the aforesaid matter and I am fully acquainted with the facts and
circumstances of the above-mentioned case, hence competent to swear this affidavit.
The I have read and understood the contents of this plaint and I say that the
facts stated therein are true and correct to the best of my knowledge.
I further state that the statements made in the plaint are based on the records available
and information provided to me by the plaintiff.
I say that if the reliefs as prayed for in the Plaint are not granted, would cause great
harm, loss and prejudice to the Plaintiff. In the circumstances, the reliefs as prayed for in the
Suit be granted.
VERIFICATION
Verified at Bengaluru on this 1st day of August 2023 that the contents of paras 1 to 6 of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
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ordinary course, those of paras 7 to 13 are true on information received and believed to be
true and last para is the humble prayer to this Hon,ble Court.
Plaintiff
