IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE, NORTH

DISTRICT, ROHINI COURTS, DELHI.

Civil Suit No.______of 2024
(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:-

JATIN CHAUHAN …Plaintiff
VERSUS
ADITYA SHARMA …Defendant No. 1
MANOJ SHARMA …Defendant No. 2
INDEX
Sr. No. Particulars Page No.
1. Court Fees

2. Memo of Parties
3. Suit for recovery under order XXXVII of
Code of Civil Procedure, 1908 for Rs.
6,50,000/- along with the pendente lite
interest @ 24 % per annum along affidavit

4. List of documents along-with documents

5. Vakalatnama

PLAINTIFF

THROUGH
Place: - Delhi D & J Associates-

Date:- Advocates and Legal Consultants

Ch. No. 298, Patiala House Courts, New Delhi

Mobile No:- 9716429803/9696770637

Email ID: [email protected]

 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE, NORTH
DISTRICT, ROHINI COURTS, DELHI.
Civil Suit No.______of 2024
(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:-

JATIN CHAUHAN …Plaintiff
VERSUS
ADITYA SHARMA …Defendant No. 1
MANOJ SHARMA …Defendant No. 2

MEMO OF THE PARTIES

Sh. Jatin Chauhan
S/O Sh. Satpal Chauhan
R/O H.no. 189, Dhaka Village
GTB Nagar, Mukherjee Nagar
North West Delhi, Delhi – 110009 ……Plaintiff
VERSUS

1. Sh. Aditya Sharma

S/o. Sh. Manoj Sharma
R/o H no. 390 Bhai Parmanand Colony
Near GTB Nagar, Delhi – 110009 …Defendant No. 1

2. Sh. Manoj Sharma

 R/o H no. 390 Bhai Parmanand Colony,
Near GTB Nagar, Delhi – 110009 …Defendant No. 2

PLAINTIFF

THROUGH

Place: - Delhi D & J Associates-

Date:- Advocates and Legal Consultants

Ch. No. 298, Patiala House Courts, New Delhi

Mobile No:- 9716429803/9696770637

Email ID: [email protected]

 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE, NORTH
DISTRICT, ROHINI COURTS, DELHI.
Civil Suit No.______of 2024
(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:-

JATIN CHAUHAN …Plaintiff
VERSUS
ADITYA SHARMA …Defendant No. 1
MANOJ SHARMA …Defendant No. 2

SUIT FOR RECOVERY UNDER ORDER XXXVII OF CODE OF

CIVIL PROCEDURE, 1908 FOR RS.6,50,000/-(RUPEES SIX LAKHS
AND FIFTY THOUSAND ONLY) ALONG WITH THE PENDENTE
LITE INTEREST @ 24 % PER ANNUM

MOST RESPECTFULLY SHOWETH: -

1. That the plaintiff herein Mr. Jatin Chauhan, herein after referred to as a
plaintiff, is the law abiding and the peace-loving citizen of the India and
having deep faith in judicial system of India.

2. That the plaintiff prefers the present suit against the defendant no.1 namely
Sh. Aditya Sharma and defendant no. 2 Sh. Manoj Sharma, herein after
referred to as defendants, for recovery of money under order XXXVII of the
Civil Procedure Code, 1908, as amended up to date.
3. That the defendant no. 1 is the real elder son of defendant no. 2 and both are
neighbors of the plaintiff and resides together at the aforesaid given address
and have friendly and cordial relationship with the plaintiff for decades.

4. That the defendant no.1 along with his father approached the plaintiff on
10.03.2018 in the morning and expressed his urgent need of money of Rs.
6,40,0000/- (Six Lakhs And Forty Thousand only) and sought the same as
friendly loan. The plaintiff keeping in mind cordial relationship with the
defendant no. 1 assured to arrange loan of Rs. 6,40,000/- (Six Lakhs and
Forty Thousand Only) same day in the evening and plaintiff gave Rs.
6,40,000/- (Six Lakhs and Forty Thousand Only) in cash to the defendant no.
1 at the residence of the plaintiff with the promise to return the same within
6 months. On completion of 6 months in September 2018, the plaintiff
requested to the defendant no. 1 to return the loan amount but the defendant
no. 1 sought some more time to return the same. The plaintiff told defendant
no. 1 that the marriage of his sister is rescheduled on 12.12.2018 then
defendant no. 1 promised to return the amount till 01.12.2018 and issued a
cheque bearing no. “000007” of Bank of Baroda, Branch Kingsway Camp,
Delhi 110009, for Rs. 6.40,000/- (Six Lakhs and Forty Thousand Only) with
the assurance that he would return the said amount within 3 months.

5. That the plaintiff, on completion 3 months, reminded defendant no. 1 to

return the said amount and the defendant no. 1 replied that he will let the
plaintiff know after talking to defendant no. 2 (father of defendant no.1).

6. That the defendant no. 2 approached the plaintiff on 01.03.2019 in the

evening along with defendant no. 1and expressed his plight and said that he
 is unable to pay the loan amount of Rs. 6,40,000/- (Six Lakhs and Forty
Thousand Only) but he ready to pay interest of Rs 5,000 (Five Thousand) a
month for three months and promised the plaintiff to return the amount till
25.03.2019. Defendant no. 2 issued two cheques bearing no. 475431 and
475432 of Rs. 5,000 /- (Five Thousand) each, of PNB bank, Kashmere Gate
Branch, Delhi 110009, of A/c no. 0121000109446747 and told the plaintiff
to present the cheque in his bank on 04.03.2019 and 10.03.2019 in his bank
but inform the defendant no.2 before presenting the cheques in his bank. On
04.03.2019 plaintiff informed the defendant no. 2 to present the cheque in
his bank but defendant no. 2 stopped plaintiff by saying money is yet to be
come in his A/c and requested plaintiff for some more time, same things
happened on 10.03.2019 and defendant no. 2 requested plaintiff that he will
clear the entire amount till 25.03.2019 and told plaintiff to present all the
cheques on 25.03.2019 and that he would maintain the said amount in his
bank on or before 25.03.2019.

7. that the plaintiff presented the aforesaid cheque of defendant no.1 bearing
no. 000007 of Rs. 6,40,000 (Six Lakhs and Forty Thousand only) of Bank
of Baroda, Kingsway Camp branch, Delhi and cheques of defendant no.2
bearing no. 475431 and 475432 of Rs. 5,000 /- (Five Thousand) each, of
PNB bank, Kashmere Gate Branch, Delhi 110009, of A/c no.
0121000109446747 in his bank i.e IDBI Bank, Ashok Vihar Branch,
Delhi 110009 on 26.03.2019 and all the aforesaid cheques of the defendant
“
no.1 and defendant no.2 were returned back with remarks FUND
INSUFFICIENT” vide its returned memo dated 27.03.2019.
1) CERTIFIED COPY OF ORIGINAL CHEQUE OF DEFENDANT
NO. 1 DATED 25.03.2019 ENCLOSED AS ANNEXURE C-1.
 2) CERTIFIED COPY OF BANK RETURNED MEMO OF
DEFENDANT NO. 1 DATED 25.03.2019 ENCLOSED AS
ANNEXURE C-2
3) CERTIFIED COPY OF ORIGINAL CHEQUE OF DEFENDANT
NO. 2 DATED 25.03.2019 ENCLOSED AS ANNEXURE C-3.
4) CERTIFIED COPY OF BANK RETURNED MEMO OF
DEFENDANT NO. 2 DATED 25.03.2019 ENCLOSED AS
ANNEXURE C-4.
5) COPY OF THE BANK ACCOUNT OF PLAINTIFF ENCLOSED
AS ANNEXURE C-5.

8. That after the immediate returning memo of dishonored of cheque the

plaintiff approached to the defendant no. 1 and defendant no. 2 but every
time the both the defendants gave the false promises, assurance to clear
entire outstanding and demanded more time.

9. That the defendants intentionally issued the cheque because they knew very
well that their accounts had insufficient balance and the cheque will be
dishonored and they cause monetary loss as well as mental agony and
tension to the plaintiff, this shows the mala-fide and fraudulent intention of
the defendants.

10.That it is also pertinent to mention that the plaintiff has filed complaint U/S
138 N.I Act “IN THE COURT OF ADDITIONAL CHIEF
METEROPLITAN MAGISTRATE, ROHINI COURTS, DELHI”, against
defendant no.1 Under CC No. 3581/2019, titled Jatin Chauhan Vs. Aditya
Sharma. And against defendant no.2 under CC No. 3582/2019, titled Jatin
 Chauhan v Manoj Kumar Sharma and defendant no. 1 and defendant no. 2
both are accused in the aforesaid N.I. complaint cases.

11.That plaintiff sent the legal notice for recovery of the money, through his
advocate, on the aforesaid address to the defendant on dated 18/04/2019
through speed post. The copy of legal notice on dated 18/04/2019 annexed
herewith as an ANNEXURE C-6 and the certified copy receipt of the speed
post of Indian postal on dated 18/04/2019 annexed herewith as an
ANNEXURE C-7

12. That the defendant no. 1 and defendant no. 2, repeatedly diverted the
postman of the locality by taking undue influence and put noting on
envelope that “the postman visited repeatedly at the given address but house
was locked and the postman noted dated 24/04/2019, 22/04/2019 and
23/04/2019” thereafter returned back the sealed envelope with said remarks.
Copy of retuned envelope enclosed as ANNEXURR C-8.

13.That the plaintiff again sent the legal notice on dated 26/04/2019 by DTDC
courier service branch Ashok Vihar on urgent basis and the courier delivery
boy same day reached at the house of the defendant no. 1 and defendant no.
2 and both the defendants refused to accept the legal notice and the courier
delivery boy returned the RC/envelope to the plaintiff with the remark
“presented by Mr. Aditya Sharma and not received” for defendant no. 1 and
“presented by Mr. Manoj Sharma and not received “ for defendant no. 2,
under signature of courier delivery boy with dated 26/04/2019. Certified
copy of returned RC/envelope with currier receipt enclosed as ANNEXURE
C-9.
14.That despite the service of said legal notice the defendants failed to tender
the amount of cheque to the plaintiff after the expiry of notice period that is
15 days with dishonest and mala-fide intention which can be seen by their
deliberate and repeated denial to accept the notice.

15.That the cause of action first arose on dated 03/05/2019 when the period of
notice that is 15 days were expired. It further arose when plaintiff contacted
the defendants and defendants again gave assurance to clear the outstanding
amount and said that he (defendants) will return your (plaintiff) loan amount
and the cause of action is still continuing as the defendants have till date not
paid the above said amount to the plaintiff.

16.That this Hon’ble court has the jurisdiction to try the present suit as the
defendants resides in Delhi which is within the jurisdiction of this Hon’ble
court and the cause of action arose within the jurisdiction of this Hon’ble
court. This Hon’ble court has full jurisdiction over the case to adjudicate and
entertain the same according to law

17.That the present suit is filed under Order XXXVII of the code of Civil
Procedure, 1908, which is based upon the friendly loan on the request of the
defendants and dishonored cheque no. 000007 date 25/03/2019 of amount
Rs.6,40,000 of defendant no. 1 and cheque no. 475431,475432 of Rs. 5,000
each dated 04/03/2019 and 10/03/2019 respectively which is a negotiable
instrument issued and also signed by defendants in favor of the plaintiff.
18.That no relief, which does not fall within the ambit of Order XXXVII Rule 2
of the code of Civil Procedure, 1908, has been claimed in the present suit.

19.That for the purpose of jurisdiction and the court fees the suit has been
valued at Rs. 6,50,000/- (Six Lakh Fifty Thousand only) is Rs. /-____(
fee to be paid to the court) has been paid by the plaintiff and the same has
been affixed herewith.

20.That the present suit for recovery is not barred by any limitation under the
Limitation Act, 1963.

PRAYER

In the light of the facts and circumstances stated herein above it is most
humbly prayed that this Hon’ble court may graciously be pleased to:

a. Pass a decree of Rs. 6,50,000/- (Six Lakh and Fifty Thousand only) along
with the interest at the rate of 24 % p.a. from the date of filing the suit in
favor of plaintiff and against the defendants.

b. Award cost of the suit with the fees of pleader in favor of plaintiff and
against the defendants.

c. Pass such further order(s) as this Hon’ble court may deem fit and proper in
the facts and circumstances of the instant case.

PLAINTIFF

THROUGH
Place:- Delhi D & J Associates-
Date:- Advocates and Legal Consultants
Ch. No. 298, Patiala House Courts, New Delhi
Mobile No:- 9716429803/9696770637
Email ID: [email protected]

VERIFICATION

Verified at New Delhi on _____ of February, 2024 that the contents of para

1 to 14 of the above said petition are true and correct to my knowledge and

the rest of the para 15 to 20 are based on the information received and

believed to be true and nothing material has been concealed there from.

PLAINTIFF
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE, NORTH
DISTRICT, ROHINI COURTS, DELHI.
Civil Suit No.______of 2024
(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:-

JATIN CHAUHAN …Plaintiff
VERSUS
ADITYA SHARMA …Defendant No. 1
MANOJ SHARMA …Defendant No. 2

AFFIDAVIT

I, Jatin Chauhan S/o Sh. Satpal Chauhan, aged about 35 years, R/o 189,
Dhakka Village, GTB Nagar, Mukerjee Nagar, North West Delhi, Delhi -
110009, do hereby solemnly affirm and state on oath as under:
1. That I am the plaintiff in the captioned suit and as competent to depose to
this affidavit herein as under.
2. That the present suit has been drafted by my counsel on my instruction and
I have read and understood the contents of the same.
3. That the contents of the above said petition are true and correct to my
knowledge and nothing material has been concealed there from.
 DEPONENT

VERIFICATION
Verified at New Delhi on ______of February, 2024 that the contents of
above affidavit are true and correct to my knowledge and nothing material
has been concealed there from.

DEPONENT