IN THE COURT OF LD.

ADJ, TIS HAZARI COURTS,

DISTRICT CENTRAL, DELHI
CIVIL SUIT NO. _____/ 2018
IN THE MATTER OF:

N.S. ACROPLAST …. PLAINTIFF

VERSUS

VAISHNAVI ADVERTISING CO. …. DEFENDANT

INDEX

S. NO. PARTICULARS PAGES

1. Check list
2. Memo of parties
3. Court fee ____
4. Plaint under Order XXXVII Rule 1 and 2 of the
Code of Civil Procedure, 1908 alongwith
Supporting Affidavit
5. List of documents
6. Vakalatnama

Filed through

Saurabh D. Karan Singh, Kanika Jain &

Prakhar Singh
Advocates for the Petitioner
S – 241, Greater Kailash – I,
New Delhi – 110 048
+91 – 11 – 40113443
Place: New Delhi
Date: 15.11.2018
 IN THE COURT OF LD. ADJ, TIS HAZARI COURTS,
DISTRICT CENTRAL, DELHI
CIVIL SUIT NO. _____/ 2019
IN THE MATTER OF:

N.S. ACROPLAST …. PLAINTIFF

VERSUS

VAISHNAVI ADVERTISING CO. …. DEFENDANT

MEMO OF PARTIES

N.S. ACROPLAST
THROUGH ITS SOLE PROPRIETOR
MS. USHA AGGARWAL
2975, GALI NO. 3, CHUNA MANDI,
PAHARGANJ, DELHI-110055 … COMPLAINANT

VERSUS

VAISHNAVI ADVERTISING CO.

THROUGH MR. GIRISH CHANDRA MISRA @ PANDIT JI
A-125, FIRST FLOOR / A-126, FIRST FLOOR,
S.P. MUKHERJEE MARKET,
NEAR JHANDEWALAN MANDIR,
NEW DELHI-110055 … DEFENDANT

Filed through

Saurabh D. Karan Singh, Kanika Jain &

Prakhar Singh
Advocates for the Plaintiff
S – 241, Greater Kailash – I,
New Delhi – 110 048
+91 – 11 – 40113443
Place: New Delhi
Date: 15.11.2018
 IN THE COURT OF LD. ADJ, TIS HAZARI COURTS,
DISTRICT CENTRAL, DELHI
CIVIL SUIT NO. _____/ 2018
IN THE MATTER OF:

N.S. ACROPLAST …. PLAINTIFF

VERSUS

VAISHNAVI ADVERTISING CO. …. DEFENDANT

JURISDICTION: P.S. PAHARGANJ

PLAINT UNDER ORDER XXXVII RULE 1 AND 2 OF THE CODE

OF CIVIL PROCEDURE, 1908 FOR A MONEY DECREE OF RS.
7,31,692/- SECURED BY THE DEFENDANT VIDE CHEQUE NO.
224982 DATED 27.04.2018

The Plaintiff most respectfully submits as under:

The Plaintiff:

1. The Plaintiff is a retailer cum wholesaler of PVC sheets and

ancillary items. The Plaintiff run its business from the address as
stated in the memo of parties. The plaintiff is a sole proprietorship
run by Ms. Usha Aggarwal, (a lady entrepreneur) who is instituting
the present plaint.

The Defendant:

2. It is believed by the Plaintiff that the Defendant is also a sole

proprietorship run by one Mr. Girish Chandra Misra @ Pandit Ji,
who is the person who has been dealing with the Plaintiff.

The Plaintiff reserves its right to make such modification /

amendments in the plaint; as and when the Plaintiff is apprised of
the true nature of the Defendant.
Brief factual matrix:

3.1 The Defendant had placed the orders on the Plaintiff for purchase of
PVC sheets and other ancillary items [hereinafter ‘goods’]. These
orders have been placed by the Defendant in the period from
September, 2016 to February, 2017.

3.2 At the time when the orders were placed, the Defendant was
apprised of the pricing of the goods. The orders placed by the
Defendant were delivered to the Defendant by the Plaintiff in time.
The delivery acknowledgment was obtained by way of signatures of
Mr. Girish Chandra Mishra on the copy of the invoice retained by
the Plaintiff.

3.3 Although, the Defendant made the payments for certain invoices
initially, it made part payments later on. As a result, the pending
payments were required to be reconciled. The payments were
eventually reconciled on 31.03.2017.

3.4 Although, the Defendant upon reconciliation acknowledged to pay

the amount pending. He failed and neglected to pay the same for a
certain period of time. Despite several requests made by her, the
Defendant handed over a post dated cheque to the Plaintiff, the
details of which are as follows:

Cheque No. Cheque Date Cheque Amount Drawn upon

224982 27.04.2018 7,31,692/- Yes Bank,

Jhandewalan
Extension

3.5 Upon presentation of the aforesaid cheque, the same has been
dishonoured on 02.05.2018. Although, the Defendant has been
 informed about the said dishonour; he has not made any efforts to
liquidate his acknowledged and admitted liability.

Mandatory averment under Order XXXVII RULE 2 (a):

4. The present suit is being filed under Order XXXVII Rule 1 and 2 of
the Code of Civil Procedure, 1908 claiming an amount of Rs.
7,31,692/- which is acknowledged and admitted by the Defendant in
terms of:
(i) Invoices dated 19.09.2016, 20.10.2016, 24.12.2016,
12.01.2017, 25.01.2017, 14.02.2017 and 23.02.2017;
(ii) The Account Statement bearing the signature of the
Defendant;
(iii) The Cheque Bearing No. 224982 for the same amount.

Mandatory averment under Order XXXVII RULE 2 (b):

5. The Plaintiff is claiming recovery of the amount admitted and

acknowledged by the Defendant under the aforesaid Invoices,
Account Statement and Cheque. As such, no relief which does not
fall within the ambit of this provision is claimed.

Cause of action

6. The cause of action to file the present suit arose on 02.05.2018 when
the Cheque given by the Defendant was dishonored and has since
been continuing.

Limitation

7. The present suit is filed within the period of limitation.

Court fee

8. An amount of Rs. ___________ is affixed herein as court fee.

Territorial jurisdiction

9. The Cheque has been dishonored upon presentation of the same at

Canara Bank, Paharganj Branch; where the Plaintiff maintains the
account. As such, a cause of action has arisen with the territorial
jurisdiction of this Hon’ble Court.

Parallel proceedings:

10. The Plaintiff has also filed a complaint under Section 138 of the
Negotiable Instruments Act, 1881 for penalizing the Defendant and
shall keep this Hon’ble Court informed of the orders passed therein.

PRAYER

In the circumstances, it is most respectfully prayed that this Hon’ble

Court may kindly be pleased to:

(a) Pass a money decree of Rs. 7,31,692/- in favor of the Plaintiff and
against the Defendant;

(b) Pass an appropriate order awarding 18% interest on the amount due
since 27.04.2018;

(c) Pass an appropriate order awarding 18% pendente lite interest;

(d) Pass an appropriate order awarding 18% future interest;

(e) Pass such other and further orders that this Hon’ble Court may deem
fit and proper in the circumstances.

PLAINTIFF
Filed through
 Saurabh D. Karan Singh, Kanika Jain &
Prakhar Singh
Advocates for the Plaintiff
S – 241, Greater Kailash – I,
New Delhi – 110 048
+91 – 11 – 40113443
Place: New Delhi
Date: 15.11.2018

VERIFICATION:

I, the Plaintiff in the present suit verify the contents of the plaint. I state
that the contents of Para 1 to 3.5 are based on records maintained by me
in the usual course. I further state that I have personally seen the records
and have knowledge of the same. I state that the contents of Para 4 to 9
are based on the advice given to me by my counsel and believed to be
true. I state that the contents of Para 10 are based on records, my
knowledge and the advice given to me by my counsel believed by me to
be true.

Verified on this the ________ day of November, 2018 at New Delhi.

PLAINTIFF
 IN THE COURT OF LD. ADJ, TIS HAZARI COURTS,
DISTRICT CENTRAL, DELHI
CIVIL SUIT NO. _____/ 2018
IN THE MATTER OF:

N.S. ACROPLAST …. PLAINTIFF

VERSUS

VAISHNAVI ADVERTISING CO. …. DEFENDANT

AFFIDAIVT

I, Usha Aggarwal, W/o Sh. Om Prakash Aggarwal aged about 60 years,

R/o A-45, Ashok Vihar, Phase-I, New Delhi- 110052, do hereby
solemnly affirm and state as under:-

1. I state that I am the Plaintiff in the present matter and I am well

conversant with the facts of the present case. I state that I am
competent to swear the present affidavit.

2. I state that the plaint has been drafted by my counsel under my

instructions. I state that I have read over the complaint and found it
to be in conformity with my instructions.

3. I state that the documents filed alongwith this plaint are the copies
of the respective originals.

DEPONENT
VERIFICATION:
I, the above named deponent do hereby verify that the contents of Para 1
to 3 of the above affidavit are correct and true. Nothing has been
concealed therefrom. The same are based on records maintained by me.

Verified at New Delhi on this the ___ day of November, 2018.

DEPONENT
 IN THE COURT OF LD. ADJ, TIS HAZARI COURTS,
DISTRICT CENTRAL, DELHI
CIVIL SUIT NO. _____/ 2018
IN THE MATTER OF:

N.S. ACROPLAST …. PLAINTIFF

VERSUS

VAISHNAVI ADVERTISING CO. …. DEFENDANT

LIST OF DOCUMENTS

S. NO. PARTICULARS PAGE NOS.

1. Certified copy of complete Complaint filed
under Section 190(1) A of Cr.P.C. for the
offences under Sections 138 r/w Sections 139
and 141 of the Negotiable Instruments Act,
1881.
2. True copy of the Speed Post receipt dated ____
3. True copy of the delivery report
4. Office copy of the statutory legal notice
5. Affidavit under Section 65-B of the Indian
Evidence Act, 1872

Filed through

Saurabh D. Karan Singh, Kanika Jain &

Prakhar Singh
Advocates for the Plaintiff
S – 241, Greater Kailash – I,
New Delhi – 110 048
+91 – 11 – 40113443
Place: New Delhi
Date: 15.11.2018