IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,

SAKET COURT COMPLEX, NEW DELHI.

CIVIL SUIT NO. OF 2016

IN THE MATTER OF :

SHREE BHAGWAN MAHTO,

S/O SHRI MANGAL MAHTO,
R/O H.NO.B-121, SATYA ENCLAVE,
PREM NAGAR-III, NANGLOI,
DELHI-110041 …PLAINTIFF
VERSUS
M/S GSJ ENVO LIMITED,
ENGINEERS & ENVIRONMENTAL CONSULTANTS,
THROUGH ITS DIRECTOR,
51, HEMKUNT COLONY,
NEW DELHI-110048. …DEFENDANT

P. S. :

SUIT FOR RECOVERY OF RS.2,64,284/- (RUPEES

TWO LACS SIXTY FOUR THOUSAND TWO HUNDRED
AND EIGHTY FOUR ONLY)

RESPECTFULLY SHEWETH :-

1 That the plaintiff is residing at the above said address and is

doing job work of water pipe line which include excavation,

shifting & erection etc.

1 That the Defendant is a limited company executing projects

on turnkey basis in the fields of Water, Waste Water, Sewage

Treatment Plants, Under Ground Reservoirs alongwith

Booster Pumping Stations, Sewage Pumping Stations, Civil

works of Hydro Electric Power Projects, Multistoried

Residential & Industrial Complexes etc.

2 That on 06.09.2011 the Plaintiff had submitted his quotation

with the Defendant company for erection, testing &

commissioning of MS common header and rising main of 50

 MGD SPS at Yamuna Vihar, Delhi and after subsequent

negotiations held in the office of the Defendant, the Defendant

company had placed an Order upon the Plaintiff vide letter

bearing Ref. No.GSJ/SBM/2011/12830 dated 04.10.2011 for

the said work.

3 That accordingly as per the Order placed by Defendant

company vide letter dated 04.10.2011, the Plaintiff had

discharged his duty and done all the work with the entire

satisfaction of the Defendant company and accordingly placed

various bills for the same with the Defendant company, but

the entire payment was never made by the Defendant

company to the Plaintiff and whenever the payment against

the work done in terms of the agreement was requested, the

same was not made and only the paltry amount was paid.

4 That whenever the plaintiff had demanded the amount, the

defendant company had illegally denied the same by

wrongfully claiming that no amount is due which is totally

false, wrong and unsustainable. It is submitted that the

plaintiff had done total against the work order and therefore

he had completed the work in accordance with the terms and

conditions of the orders. Further the running bills were

submitted by the plaintiff and the same were accepted by the

defendant company without any reservation/remarks/

observations and the defendant company had never ever

raised any issue with regard to the scope of work and also the

quality and quantity of the work done by the Plaintiff.

5 That the plaintiff has raised several bills which have not been

fully paid by the Defendant and thus the plaintiff is entitled to

an amount of Rs.2,64,284/- (Rupees two lacs sixty four

thousand two hundred eighty four). Further the plaintiff is

entitled to the interest on the above said outstanding amount

@ 24% which the plaintiff is entitled to recover from the

defendant company as the same has wrongly and illegally

been withheld by the Defendant company.

6 That aggrieved by the aforesaid acts and omissions of the

defendant company, when the Plaintiff confronted to the

defendant company about non-release of the payment, the

defendant company started to delay the payment on false,

frivolous and manipulated grounds. Consequently, having no

other option, the Plaintiff, through his Advocate, sent a legal

notice dated 26.05.2016 to the Defendant company through

registered post on 31.05.2016, thereby calling upon the

defendant company to make the payment of a total sum of

Rs.2,64,284/- (Rupees two lacs sixty four thousand two

hundred eighty four) against the aforesaid work within 15

days from the date of receipt of the aforesaid notice. The

aforesaid notice has been duly served to the Defendant

company, but despite service of the legal notice, the

defendant company has neither replied to the same nor paid

the above said outstanding dues to the Plaintiff.

7 That there is no other efficacious remedy available to the

plaintiff except to approach this Hon’ble Court by way of filing

the present suit for recovery.

8 That the present suit is filed well within the time prescribed

under the law.

9 That no similar suit between the parties to the under whom

they or any of them claim, litigating on the same grounds has

been previously instituted or finally decided by the court of

competent jurisdiction or limited jurisdiction.

10 That the cause of action for filing the present suit arose on

various dates mentioned herein above. It also arose on

04.10.2011 when the Defendant company had placed an

Order upon the Plaintiff, again when the Plaintiff raised the

bills for the work done, again on various dates when the

Plaintiff had demanded the amount for the work done but the

Defendant company had illegally denied the same, it again

arose when the Plaintiff got served a legal notice to the

Defendant company for payment of the amount of

Rs.2,64,284/-, but despite service the Defendant company

has failed to make the payment of the same. The cause of

action is still subsisting as the defendant company has failed

to make the payment to the Plaintiff since then it is

continuing to accrue on day to day basis.

11 That the value of the suit for the purpose of court fee and

jurisdiction is fixed at Rs.2,64,284/- upon which the requisite

ad-valorem court fee has been paid.

12 That this Hon’ble Court has the territorial jurisdiction to try,

entertain and decide the present suit as both the parties to

the suit reside and work for gain in Delhi.

 P R A Y E R :-

It is therefore most respectfully prayed that this Hon’ble

Court to :-

a) pass a decree in favour of plaintiff and against the defendant

for a sum of Rs.2,64,284/- (Rupees Two Lacs Sixty Four

Thousand Two Hundred Eighty Four) along with interest @

24% p.a. from the date of filing of the present suit till the date

of actual realization of the decretal amount in favour of

plaintiff and against the defendant company, its associates,

agents, assignees, representatives etc.; and

b) award the costs of present proceedings in favour of Plaintiff

and against the defendant; and

c) pass any other order/s which this Hon'ble Court may deems

fit and proper in the facts and circumstances of the case in

favour of Plaintiff in the interest of justice.

PLAINTIFF
THROUGH

ADVOCATE
PLACE : DELHI
DATED : ___/07/2016

VERIFICATION :-
I, Shree Bhagwan Mahto, do hereby verify that the contents of
the Paras 1 to 10 of the plaint are true and correct to my
knowledge and those of Paras 11 to 13 are true and believed
to be true on the basis of legal information and advice
received. Last para is prayer to this Hon’ble Court.

Verified at Delhi on this ___th day of July, 2016.

PLAINTIFF
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
SAKET COURT COMPLEX, NEW DELHI.

CIVIL SUIT NO. OF 2016

IN THE MATTER OF :

SHREE BHAGWAN MAHTO …PLAINTIFF

VERSUS

M/S GSJ ENVO LTD. …DEFENDANT

AFFIDAVIT

I, Shree Bhagwan Mahto S/o Shri Mangal Mahto R/o House

No.B-121, Satya Enclave, Prem Nagar-III, Nangloi, Delhi-
110041, do hereby solemnly affirm and declare as under:-

1. That I am plaintiff in the above noted case and being well

conversant with the facts of the present case am competent to
swear this affidavit.

2. That the accompanying suit for recovery has been drafted by

my counsel at my instructions, the contents thereof are true
and correct to my knowledge and the same be read and
treated as part of this affidavit as the same are not being
repeated herein for the sake of brevity. The contents of the
accompanying suit have been read over and explained in
vernacular language.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___th day of July, 2016 that the

contents of para 1 and 2 of above affidavit are true and
correct to my knowledge. No part of it is false and nothing
material has been concealed therefrom.

DEPONENT