IN THE COURT OF THE HON’BLE XIV ADDITIONAL CHIEF JUDGE,

CITY CIVIL COURTS, HYDERABAD

O.S.NO. OF 2017

BETWEEN:

Bharani Commodities
Rep.by its proprietor Mr. J.S.Sridher Reddy
S/o: J.S. Satya Reddy, Aged about: 47years,
Occ: Proprietor of Bharani Commodities
O/o: #1-5-59/3, Old Alwal, Secunderabad-500 010.
And

R/o: Plot No.62, Road No.5,

Reddy Enclave, Select Tokies Road,
Old Alwal, Secunderabad-10.
...PLAINTIFF

And

1. Delta Steel Structures (P) Limited,

(formerly Delta Pre Engineered Buildings Private Limited)
Plot No 34/A, Quantum House,
1st Floor, Opp Cyber Towers, Khanamet, Kukatpally Road,
Madhapur, Hyderabad-500081.
Rep By its Managing Director.

2. Yaduguri Sandinti Vivekananda Reddy

S/oY.S Raja Reddy, Aged about: 60years,
Occ: Director of Delta Steel Structures (P) Limited,
(formerly Delta Pre Engineered Buildings Private Limited)
Plot No 34/A, Quantum House,
1st Floor, Opp Cyber Towers, Khanamet, Kukatpally Road,
Madhapur, Hyderabad-500081

3. Yaduguri Sandinti Sowbhagya

W/oY.S.V.Reddy, Aged about: 55years,
Occ: Director of Delta Steel Structures (P) Limited,
(formerly Delta Pre Engineered Buildings Private Limited)
Plot No 34/A, Quantum House, 1st Floor, Opp Cyber Towers,
Khanamet, Kukatpally Road, Madhapur, Hyderabad-500081.

4. Narreddy Rajashekara Reddy,

S/o Narreddy Pulla Reddy,
Aged about: 49 years,
Occ: Director of Delta Steel Structures (P) Limited,
(formerly Delta Pre Engineered Buildings Private Limited)
Plot No 34/A, Quantum House, 1st Floor, Opp Cyber Towers,
Khanamet, Kukatpally Road, Madhapur, Hyderabad-500081.

….Defendants
PLAINT FILED UNDER ORDER VII RULE 1 & 2 R/W SECTION 26 OF
C.P.C FOR RECOVERY OF MONEY RS. 2,79,60,630/-

DESCRIPTION OF THE PLAINTIFF :

The address and description of the plaintiff is as mentioned in the

cause title above and the address for the purpose of service of any
notice etc is that of their counsel N.Harinath Reddy, P. Laxmana
Chary, K. Sathakarni, K.V.Raman, A.Rama Devi, D.Amulya & J.Sreedevi,
Advocates, 401, Ramkishen Residency, Anandnagar Colony,
Khairatabad, Hyderabad-500004.
[

DESCRIPTION OF THE DEFENDANT :

The address and description of the defendants for all purposes is as

mentioned in the cause title above.

BRIEF FACTS OF THE CASE :

1. Plaintiff is in the business of Supply/Trading of various Iron &

Steel products and has been in such material supply/trading business
for the last 2 decades.

2. During the course of business of Plaintiff, Defendants had

approached Plaintiff for supply of various Iron & steel materials for the
various production requirements to Defendants company. Defendants
have projected themself as a fast growing PEB company and sought
supplies of various Iron & Steel materials such as MS Plates, Angles,
Channels, Rounds, Pipes etc of various sizes and specifications. The
supplies have been effected since the year 2011 to 2013. A running
account has accrued on account of the said supplies.

3. An amount of Rs 2,33,00,000/- has been outstanding payable

towards the material supplied by the Plaintiff. In this regard Plaintiff
had approached Defendants on several occasions. It is also pertinent
to mention that several cheques issued by Defendants towards part
repayments have been returned dishonored when presented for
clearance such date are 18.10.2011, 05.01.2012, 29.02.2012 and
finally on 27.06.2013 by renewelling the debt.

4. The factum of dishonor of the cheques have been brought to

Defendants notice on several occasions. However, Defendants have
promised to clear all outstanding dues and persuaded Plaintiff not to
initiate any legal proceedings. Keeping in view the long standing
relation between Defendants and Plaintiff, Plaintiff has refrained from
initiating any legal action on the dishonored cheques.

5. Defendants have thereafter requested Plaintiff to permit

Defendants to consider an amount of Rs 2,05,59,287/- as share
application money and promised to allot the shares equivalent to the
said amount. Defendants have informed Plaintiff that the total
outstanding amount of Rs 2,33,00,000/- would be settled for Rs
2,05,59,287/-. Plaintiff has reluctantly accepted for the same. However
the shares have not been allotted as on date.

6. The Plaintiff having demanded the same along with interest vide
Notice dated 14.06.2016, is entitled to the entire amount stated herein
above. In spite of receipt of the said Notices, the Defendants failed and
neglected to pay the outstanding dues or any part or portion thereof.

7. The Defendants is indebted to the Plaintiff to the extent of Rs.

2,79,60,630/- and the Plaintiff is entitled to seek, enforcement of the

same which cannot be conveniently combined with other reliefs
claimed in the suit.

8. It is respectfully submitted that the Plaintiff is left with no other

option other than approaching this Hon’ble Court for filing of the
present Suit.

9. The plaintiff has not filed any other suit, petition or any
proceeding before any court of law on the same issue.

CAUSE OF ACTION & LIMITATION: The plaintiffs have initiated the

present suit within the period of limitation as the cause of action arose
initially on 13.04.2011, subsequently on 05.01.2012, 29.02.2012,
finally on 27.06.2013 and is continuing.

JURISDICTION: This Hon`ble Court has the territorial jurisdiction to

try and decide the present suit as the cause of action arose within the
territorial limits of this Hon`ble Court.
COURT FEE: The present suit for the purposes of court fee and
jurisdiction is valued of Principal amount Rs: 2,05,59,287/- + Interest
amount Rs. 74,01,343/- = Total amount Rs. 2,79,60,630/- (Rupees two
crores seventy nine lakhs sixty thousand and six hundred thirty rupees
only) and a Court Fee of Rs. /- is affixed as per the
Sec.20 of the APCF & S.V.Act.
P R A Y E R:

The Plaintiff therefore prays that ther Hon’ble Court may be pleased to

pass a Judgment and decree against the Defendant:

a) directing the Defendants jointly and severally to pay an

aggregate sum of Principal amount Rs: 2,05,59,287/- + Interest
amount Rs. 74,01,343/- = Total amount Rs. 2,79,60,630/- (Rupees two
crores seventy nine lakhs sixty thousand and six hundred thirty rupees
only) as on 23.06.2016 as per the particulars of claim mentioned
aforesaid along with further interest thereon at the rate of 12 % per
annum from the date of filing the suit till repayment and/or
realization;

b) that pending the hearing and final disposal of the Suit,

Defendants may be ordered and directed to furnish such security as
this Hon’ble Court deems fit and proper in order to satisfy the Plaintiff’
claim as per the prayer clause (a) above, in the Suit within such time
as this Hon’ble Court deems fit and proper;
c) For the costs of the suit, and for such other order or orders as
this Hon’ble Court deems fit and proper under the circumstances of the
case and in the interest of justice.

COUNSEL FOR THE PLAINTIFF PLAINTIFF

Place :Secuderabad
Date : 23.06.2016
VERIFICATION
 I, Mr. J.S. Sridhar Reddy, S/o: Mr. J.S. Satya Reddy, Aged about:

45years, Occ: Proprietor of Bharani Commodities, R/o: Plot No. 62,

Road No.5, Reddy Enclave, Select Tokies Road, Old Alwal,

Secunderabad-10 do hereby verify that the contents mentioned in

the plaint are true and correct to the best of my knowledge. That

the contents in the plaint are believed to be true as per the legal

advice rendered. Hence verified on this 23rd day of June, 2016 at

Secunderabad.

PLAINTIFF

Place : Hyderabad
Date :
 LIST OF DOCUMENTS

S.No. Date of Parties to Description of Document

Document Document
01. 06.02.1999 Plaintiff Bharani Commodities Certificate of
Registration
02. 31.03.2011 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2010-11
03. 31.03.2012 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2011-12
04. 31.03.2013 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2012-13
05. 31.03.2014 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2014-15
06. 31.03.2015 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2015-16
07. 31.03.2016 Plaintiff-Defendant Ledger Account of Plaintiff
for the Year 2016-17
08. 18.10.2011 Plaintiff-Defendant Hdfc Bank, Kukatpally Branch,
Bearing No.663536, dt 18.10.11
09. 25.10.2011 Plaintiff-Defendant Bank Return Memo for the
Chq.No.663536
10. 05.01.2012 Plaintiff –Defendant SBI, Vengal Rao Nagar
Chq.No.378631, dated 05.01.2012
11. 06.01.2012 Plaintiff-Defendant Bank Return Memo for the Cheque
bearing No.378361
12. 05.01.2012 Plaintiff-Defendant SBI, Vengalrao Nagar branch
Chq.No.378363, dated 05.01.2012
13. 06.01.2012 Plaintiff-Defendant Bank return Memo for the
Chq.No.378363
14. 29.02.2012 Plaintiff-Defendant SBI, Vengalrao Nagar Branch
Chq.No.378224, dated 29.02.12
15. 27.06.2013 Plaintiff – Defendant Email correspondence between
plaintiff & defendant
16. 31.03.2013 Plaintiff-Defendant Auditors report along with balance
sheet submitted to ROC(19 Pages)
17. 14.06.2016 Plaintiff-Defendant Legal Notice dated 14.06.2016
18. 15.06.2016 Plaintiff-Defendant Postal Receipts (4 No’s)
19. 16.06.2016 Plaintiff-Defendant Acknowledgement Cards (4No’s)

Date:

Place:Hyderabad COUNSEL FOR

PLAINTIFF
 IN THE COURT OF THE
HON’BLE XIV ADDITIONAL
CHIEF JUDGE, CITY CIVIL
COURTS, HYDERABAD

O.S.NO. OF 2017

BETWEEN:

Bharani Commodities
Rep.by its proprietor Mr.
J.S.Sridher Reddy

...Plaintiff

And

Delta Steel Structures (P)

Limited & Others

….Defendants

PLAINT FILED UNDER ORDER

VII RULE 1 & 2 R/W SECTION
26 OF C.P.C FOR RECOVERY
OF MONEY RS. 2,79,60,630/-

Filed on:

Filed by: N. Harinath Reddy

Advocate

Address for Service

N. Harinath Reddy
Advocate
#401, Ramkishan Residency,
Anand Nagar Colony,
Khairatabad,
Hyderabad-04