IN THE COURT OF DISTRICT JUDGE,
KARKARDOOMA COURT, NEW DELHI
SUIT NO. OF 2019
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE 1908)
IN THE MATTER OF: -
Netcom IITS ...Plaintiff
versus
Ap E-Services Private Limited & Ors. ...Defendants
LIST OF DOCUMENTS
Sl. No. Particulars Page No. C.F.
1. Memo of Parties
2. Court Fees
3. Suit under Order XXXVII of the Code
of Civil Procedure, 1908
4. Affidavit in support
5. List of Documents
6. Vakalatnama
Plaintiff
Through
(xxxxxx)(xxxxxxx)
Advocates for the Plaintiff
Chamber: 706, Lawyers’ Chambers,
Block III, Delhi High Court,
Date: 15.11.2019 New Delhi – 110 003
Place: New Delhi Mob.xxxxxxxx, xxxxxxxxx
IN THE COURT OF DISTRICT JUDGE,
KARKARDOOMA COURT, NEW DELHI
SUIT NO. OF 2019
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE 1908)
IN THE MATTER OF: -
NETCOM IITS ...Plaintiff
versus
AP E-SERVICES PRIVATE LIMITED & ORS. ...Defendants
MEMO OF PARTIES
Netcom IITS,
Through its Proprietor,
Shailesh Randhar,
72, 3rd Floor Agarwal Chamber I
Veer Savarkar Block,
Shakarpur,
Delhi – 110092 ....Plaintiff
versus
1. Ap E-Services Private Limited,
Office No. 307, Plot No. 45 & 46
Balaji Complex, Mohan Park
Laxmi Nagar
Delhi
Also at
C-113, Square Kumaun,
West Vinod Nagar,
Mandawali,
Delhi 110092
2. Sarita Negi (Director)
Ap E-Services Private Limited,
Office No. 307, Plot No. 45 & 46
Balaji Complex, Mohan Park
Laxmi Nagar
Delhi
Also at
C-113, Square Kumaun,
West Vinod Nagar,
Mandawali,
Delhi 110092
3. Kalam Singh Negi (Director)
Ap E-Services Private Limited,
Office No. 307, Plot No. 45 & 46
Balaji Complex, Mohan Park
Laxmi Nagar
Delhi
Also at
C-113, Square Kumaun,
West Vinod Nagar,
Mandawali, Delhi 110092
.....Defendants
Plaintiff
Through
(xxxxxxx)(xxxxxxx)
Advocates for the Plaintiff
Chamber: 706, Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 15.11.2019 New Delhi – 110 003
Place : New Delhi Mob. xxxxxx, xxxxxxx
IN THE COURT OF DISTRICT JUDGE,
KARKARDOOMA COURT, NEW DELHI
SUIT NO. OF 2019
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE 1908)
IN THE MATTER OF: -
Netcom IITS ...Plaintiff
versus
Ap E-Services Private Limited & Ors. ...Defendants
SUIT UNDER ORDER XXXVII RULE 1 & 2 OF CODE OF CIVIL
PROCEDURE 1908 FOR RECOVERY OF RS. 1,23,143.40/-
(RUPEES ONE LAKH TWENTY THREE THOUSAND ONE
HUNDRED FORTY THREE AND FORTY PAISE ONLY) ALONGWITH
INTEREST.
MOST RESPECTFULLY SHOWETH: -
1. That the Plaintiff is a sole propriety concern being managed by
Shailesh Randhar (Sole Proprietor), dealing in sale of computer,
printers, computer related parts and accessories and IT
equipment amongst other things. The Plaintiff is a reseller to
companies, IT shops and system integrators.
2. That Defendant No.1 is client of Plaintiff and having a running
account with the plaintiff for supply of computer and other
computer/IT related equipments. That Defandant Nos.2 & 3 are
the full time directors of Defendant No.1, namely, Ap E-Services
Private Limited, having Office No. 307, Plot No. 45 & 46, Balaji
Complex, Mohan Park, Laxmi Nagar, Delhi and also at C-113,
Square Kumaun, West Vinod Nagar, Mandawali, Delhi 110092 and have
full control over its day to day affairs and also, jointly and
severally responsible for it. Besides, Defendant No.3 is the
authorised signatory of Defendant No.1.
3. That, since the Plaintiff and Defendant No.1 through Defendant
Nos. 2 & 3 were having business terms for number of years, the
Plaintiff reposed faith and trust in the Defendants. That
Defendant No. 1 through its directors Defendant Nos. 2 & 3
Sarita Negi and Kalam Negi respectively, used to place order to
the Plaintiff telephonically for purchase of computer and
computer/IT related products and as per the terms of business
and understanding the products were supplied to the Defendants
through their agents/ employees by the Plaintiff against receipt;
the payments of the goods supplied were paid after a few days
by Defendant No. 1 through defendant No.2 & 3 by cheque and
sometimes by cash when the value of the product supplied by
the plaintiff is meagre. It is pertinent to mention here that it was
orally agreed between the Plaintiff and the Defendants that latter
would be liable to pay a penal interest of 24% per annum in case
of default of payment. A ledger account of defendant No. 1 was
maintained by the plaintiff in regular course of business.
4. That since 2014 the plaintiff and Defendant No. 1 were in
business terms and plaintiff had been supplying IT goods as well
as computer related goods against receipts to Defendant No. 1
on credit basis.
5. That as on 19.10.2016, there was a total outstanding of Rs.
1,38,205/- (RUPEES ONE LAKH THIRTY EIGHT THOUSAND
TWO HUNDRED FIVE ONLY) against the Defendant No. 1. That
on 20.10.2016, an amount of Rs. 10,000/- (RUPEES TEN
THOUSAND ONLY) was paid to the plaintiff on behalf of
Defendant No.1. Subsequently, on 25.10.2016, Defendant No.3
issued a cheque for Rs. 50,000/- bearing number 629743 drawn
on Canara Bank, Laxmi Nagar Branch, Delhi 110092, IFSC
CNRB0002768 to the Plaintiff, however, the said cheque was
dishonoured for insufficient funds in account. The dishonour of
the above said cheque was brought to the notice of Defendant
No. 2 & 3 to which the defendants requested to again present
the cheque. The said cheque was again dishonoured and the
fact of dishonour was brought to the notice of the defendants
who assured the Plaintiff that the payment would be released
shortly.
6. That in the meantime, an amount of Rs. 10,000/- (RUPEES TEN
THOUSAND ONLY) was paid on 30.10.2016 to the Plaintiff on
behalf of Defendant No. 1.
7. That in order to discharge part liability on 20.11.2016, Defendant
No. 1 issued a cheque bearing number 013222 drawn on Union
Bank of India, Nehru Place Branch, New Delhi – 110019 IFSC
Code: UBIN0541214 amounting to Rs. 43,205/- in favour of the
Plaintiff, however, the said cheque also was dishonoured on
23.11.2016 for insufficient fund in account. The dishonour of the
above said cheque was brought to the notice of the Defendant
No. 2 & 3 who assured that the payment would be released
shortly. That Defendant Nos. 2 & 3, both the directors requested
the plaintiff to not initiate any legal proceedings against them in
as much as they were facing difficulty in arranging funds due to
demonetisation. However, not to lose a client the plaintiff carried
on the business with Defendant No.1.
8. That as on 23.11.2016, there was a total outstanding of Rs.
1,18,205/- (RUPEES ONE LAKH EIGHTEEN THOUSAND TWO
HUNDRED FIVE ONLY) against Defendant No. 1. Subsequently,
on 09.01.2017, a payment of Rs. 25000/- (RUPEES TWENTY
FIVE THOUSAND ONLY) was made on behalf of Defendant
No.1. Another payment of Rs. 10,000/- (RUPEES TEN
THOUSAND ONLY) was made on 15.03.2017. Since, payments
were being made by Defendant Nos. 2 & 3 on behalf of
Defendant No.1, the Plaintiff was carried away by this fact and
continued to supply the goods to Defendant No.1 on the request
of Defendant Nos. 2 & 3.
9. That in continuation of business terms and as per order placed
by Defendant No.2 & 3, the Plaintiff again supplied goods worth
Rs. 7,280 (RUPEES SEVEN THOUSAND TWO HUNDRED
EIGHTY ONLY) to Defendant No.1 on 23.03.2017. The Payment
for the same was made on 15.04.2017.
10. That after adjusting the abovesaid payment made on
09.01.2017, 15.03.2017 and 23.03.2017, there was a total
outstanding of Rs. 83,205/- (RUPEES EIGHTY THREE
THOUSAND TWO HUNDRED FIVE ONLY) against Defendant
No.1.
11. That Defendant No. 3 on 25.10.2017 issued a cheque for an
amount of Rs. 15,000/- bearing number 394881 drawn on
Canara Bank, Laxmi Nagar Branch, Delhi 110092 110092, IFSC
CNRB0002768, however, the said cheque was dishonoured on
18.11.2017 for insufficient funds in account. The said fact of
dishonour of cheque was informed to Defendant No.2 & 3 who
had promised to release the amount as soon as possible,
however, since then, no payment has been made by the
Defendants.
12. That in terms of the business, Defendant No. 2 &3 failed in
paying the dues and Defendant No. 2 & 3 kept on making false
promises to pay the entire outstanding within few days.
13. That since Defendants failed in making payment towards
outstanding and made false promises, the plaintiff has no other
efficacious remedy except to file the present suit.
14. That even till date, Defendants are in possession of the goods
supplied by the plaintiff and making gain to themselves. It is
stated that the Defendants are under the liability to pay total
amount of Rs.83,205/- (RUPEES EIGHTY THREE THOUSAND
TWO HUNDRED FIVE ONLY) and Rs.39,938.40/- (RUPEES
THIRTY NINE THOUSAND NINE HUNDRED THIRTY EIGHT
AND 40 PAISA) as penal interest @ 24% from 18.11.2017 till
date for default in making regular payment of goods supplied to
them It is stated that total liability of the Defendants is
Rs.1,23,143.40/- (RUPEES ONE LAKH TWENTY THREE
THOUSAND ONE HUNDRED FORTY THREE AND FORTY
PAISA), Rs.83,205/- (RUPEES EIGHTY THREE THOUSAND
TWO HUNDRED FIVE ONLY) towards principal amount + Rs.
39,938.40/- (RUPEES THIRTY NINE THOUSAND NINE
HUNDRED THIRTY EIGHT AND 40 PAISA) towards penal
interest..
15. That the cause of action arose in favour of the plaintiff and
against the Defendants firstly when the goods were supplied and
cheque number 629743 dated 25.10.2016 bearing account
number 3768201000024 amounting to Rs. 50,000/- drawn on
Laxmi Nagar Branch, New Delhi – 110092, was issued to the
plaintiff by the defendants. Again, it arose when Cheque bearing
No.013222 dated 20.11.2016 on account bearing number
412101010000741 drawn on Union Bank of India, Nehru Place
Branch, New Delhi – 110009 for an amount of Rs.43205/- and
Cheque bearing No.394881 dated 25.10.2017 on account
3768201000024 amounting to Rs. 15,000/- drawn on Laxmi
Nagar Branch, New Delhi – 110092, were issued in favour of the
plaintiff by the Defendants in order to discharge their partial
liabilities. It further arose on 19.11.2016, 22.11.2016 and
17.11.2017 when the abovesaid respective cheques were
returned by the banker as dishonoured for insufficient fund in the
account of the Defendant No. 1. It again arose on 12.12.2017,
when the Defendants inspite of last request, failed to make the
payment of outstanding dues to the plaintiff. That the cause of
action is still continuing in favour of the plaintiff and against the
defendants.
16. That the present Suit is being filed under Order XXXVII of the
Code of Civil Procedure 1908 and rules thereunder, and no
relief, which does not fall within the ambit of this order has been
claimed in the plaint.
17. The business activities carried out by the defendants as well as
the plaintiff falls within the territorial jurisdiction of this Hon’ble
Court. The Plaintiff and Defendants work for gain at Delhi.
Hence, this Hon’ble Court has jurisdiction to try and entertain the
present Suit.
18. That the value of the suit for the purpose of the court fee and
jurisdiction is Rs.1,23,143.40/- (RUPEES ONE LAKH TWENTY
THREE THOUSAND ONE HUNDRED FORTY THREE AND
FORTY PAISA ONLY) upon which the Court Fees of Rs. /-
has been affixed.
PRAYER
In the above facts and circumstances, it is, therefore, most
respectfully prayed that this Hon'ble Court may kindly be pleased to
(a) pass a decree for a sum of Rs. 1,23,143.40/- (RUPEES ONE
LAKH TWENTY THREE THOUSAND ONE HUNDRED FORTY
THREE AND FORTY PAISA ONLY) in favour of the plaintiff and
against the Defendants jointly or severally; and
(b) pass an order directing the Defendants jointly or severally to pay
the pendente lite interest @ 24% per annum from the date of
filing of the suit till the date of the actual payment thereof to the
Plaintiff; and
(c) award the cost of the present suit and litigation expenses in
favour of the plaintiff and against the Defendants; and
(d) issue summons to the Defendants under the provisions of Order
XXXVII of the Code of Civil Procedure 1908; and
(e) any other or further order/relief(s), which this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case,
may also be passed in favour of the plaintiff and against the
Defendants.
Plaintiff
VERIFICATION
Verified at Delhi on this 15 th day of November, 2019 that the
contents of Para No. 1 to 14 of the above plaint are correct to my
knowledge and available documents and records and Para 15 to 18
are true and correct as per the information received as per legal advice
and last para is the prayer clause to this Hon’ble Court.
Plaintiff
Through
(xxxxxx)(xxxxxxxx)
Advocates for the Plaintiff
Chamber: 706, Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 15.11.2019 New Delhi – 110 001
Place : New Delhi Mob.xxxxxxxx, xxxxxxxxx
IN THE COURT OF DISTRICT JUDGE,
KARKARDOOMA COURT, NEW DELHI
SUIT NO. OF 2019
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE 1908)
IN THE MATTER OF: -
Netcom IITS ...Plaintiff
versus
Ap E-Services Private Limited & Ors. ...Defendants
AFFIDAVIT
I, Shailesh Randhar, S/o Late Sh. Vijay Kumar Randhar, aged
about 45 years, resident of B 404, Gaur Valerio, Ahimsa Khand 2,
Indirapuram, Uttar Pradesh presently come down to Delhi, do hereby
solemnly affirm and state on oath as under:
1. That I am the sole proprietor of Plaintiff firm in the above
noted matter and well conversant with the facts and the
circumstances of the present case and, as such, competent to
affirm this affidavit.
2. That the accompanying Suit of Recovery under Order XXXVII
CPC has been drafted by my Counsel under my instructions and
the contents of the same have been read over to me in my
vernacular. I state the contents of the accompanying Suit are
true and correct to the best of my knowledge and records
maintained in the ordinary course of business. The contents
thereof may kindly be read as part and parcel of this affidavit, as
the same are not being repeated herein for the sake of brevity.
DEPONDENT
VERIFICATION:-
Verified at Delhi on this 15 th day of November, 2019 that the
contents of above affidavit are true and correct to the best of my
knowledge and belief and records/documents; no part of it is false and
nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF DISTRICT JUDGE,
KARKARDOOMA COURT, NEW DELHI
SUIT NO. OF 2019
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE 1908)
IN THE MATTER OF: -
Netcom IITS ...Plaintiff
versus
Ap E-Services Private Limited & Ors. ...Defendants
LIST OF DOCUMENTS
1. Original Cheques
2. Original Returning Memo
3. Bills
4. Document obtained from the
Website pertaining Defendant No.1
Company and its directors
5. Any other document with the permission of the Court
Plaintiff
Through
(xxxxxx)(xxxxxxx)
Advocates for the Plaintiff
Chamber: 706, Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 15.11.2019 New Delhi – 110 001
Place : New Delhi Mob.xxxxx, xxxxxxx
