IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.__________ OF 2009 (Under O.XXXVII, of the Code of Civil Procedure 1908)
ABCED Pvt. Ltd.
) Through it’s authorized representative
)
_______________ ) Aged about 45 years ,
)
Occupation : Service, of Mumbai
)
Indian Inhabitant, having his address )..Plaintiff V/s. 1. ABC Pvt. Ltd., ) Through it’s director
)
THE PLAINTIFF ABOVENAMED STATES AS UNDER:
1.
I state that the Plaintiff is a company which is in the business of Information and technology in the name and style of ABC Pvt. Ltd. I state that Defendant is doing the business of Real estate.
The
Plaintiff
and
mentioned in the cause title.
the
Defendant
have
the
address
as
2. The
Plaintiff on or about _____ day of __________2008, the
Plaintiff visited
through Noida,
its
representative
Gurgoan
to
see
the
Mr.
DEF
Kumar
had
plot
of
lands
for
development as I. T. Parks. I state that on visiting few sites the representative had applied for plots in I. T. Parks at Greater Noida to government of Uttar Pradesh for 20 acres land.
3. The
Defendant No. 1 through its representative Mr. AAA i.e.
Defendant No. 2 who is having its office NCR represented to the Plaintiff that the Defendant No. 2 has very good network and contact in the government department of Uttar Pradesh. The Defendant No. 2 also represented to the Plaintiff that his influence shall aid and assist the Plaintiff to quick and timely processing of the formalities with the government department to get the said plot of land allotted to the Plaintiff.
4. The
Plaintiff on believing the representations made by the
Defendant
No.
2
to
be
true,
on
6th
February
2008
an
Memorandum of Understanding (MOU) was entered into between the Plaintiff through its Managing Director Mr. ADCD and Defendant No. 2 Mr. DIDK, Chief Managing Director of the Accused No. 1 under the terms and conditions as agreed under the said MOU. Hereto Annexed and marked as Exhibit A is a copy of Memorandum of Understanding dated 6th February 2008 entered into Plaintiff and Defendants.
5.
The Plaintiff states that as per the understanding in the MOU dated 6th February 2008 Defendant No. 2 shall take 50 lakhs as security money from Plaintiff which is refundable and if allotment is not done within 30 days then said amount was to be refunded back
to
the
Plaintiff.
The
Plaintiff
state
that
accordingly
through Real time Settlement (RTGS) funds transfer application form, the Plaintiff issued cheque No. 264000 dated 7th February 2008 drawn on HDFC Bank to Defendant No. 1 for Rs. 50,00,000/(Rupees Fifty Lakhs Only). Hereto annexed and marked as Exhibit B is the said receipt of RTGS for the same.
6. The
Plaintiff states that thereafter the Defendant No. 2
again demanded a sum of Rs. 1,00,00,000/- (Rupees One Crore Only) stating that there in increase in the value of Plot of land
which
the
Plaintiff
wanted
to
purchase
for
the
development as I. T. Parks. The Plaintiff states that the on demand the Plaintiff paid the said amount by cheque no. 792342 and cleared on 7th March 2008 drawn on UCO bank Worli branch to the Defendant No. 2 Mr. DEF BBB, CMD of Defendant No. 1 BBB Buildcon Pvt. Ltd. Hereto annexed and marked as Exhibit C is cheque no. 792342 and cleared on 7th March 2008 drawn on UCO bank Worli branch.
7. The
Plaintiff states that the above money paid through RTGS
and cheque are duly credited to the Bank account of the Defendant No.1. The Plaintiff further states that the said amounts
has
been
duly
paid
upon
the
demand
and
representation made by the Defendant No. 2 that he would aid and assist the Plaintiff for the purchase of the 20 acres
plot of land at Noida Gurgoan which the Plaintiff believed to
be
true.
Hereto
annexed
and
marked
as
Exhibit
D
is
account statement of the Plaintiff’s Bank showing that the said amount have been duly credited into the account of the Defendant No. 1.
8. The
Plaintiff states that thereafter the Plaintiff contacted
Defendant No. 2 to enquire whether the said 20 acres of plot of land has been allotted to Plaintiff or not. Upon inquiry the Plaintiff was informed by the Defendant No. 2 that no land was allotted to the Plaintiff. The Plaintiff states that as no land was allotted the Plaintiff demanded its money of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) to be refunded so paid to the Defendants.
9. The
Plaintiff states
that
on
repeated
oral
requests
and
reminders Defendant No. 1 had issued two cheques viz. 863824 and 863801 dated 8/3/2008 and 15/3/2008 drawn on Centurion Bank of Punjab 5,6,7, Paras Down Town Centre DLF Golf Course Road,
Sec-53,
1,00,00,000/-
DLF
Phase
(Rupees
One
V
Gurgoan-122
Crore
Only)and
022 Rs.
for
Rs.
50,00,000/-
(Rupees Fifty Lakhs Only)respectively. Hereto annexed and marked as Exhibit E and Exhibit F are the twoviz. 863824 and 863801 dated 8/3/2008 and 15/3/2008 drawn on Centurion Bank of Punjab 5,6,7, Paras Down Town Centre DLF Golf Course Road,
Sec-53,
DLF
Phase
V
Gurgoan-122
022
for
Rs.
1,00,00,000/- (Rupees One Crore Only)and 50,00,000/-(Rupees Fifty Lakhs Only)respectively. The Plaintiff states that the issuance of the cheque confirms the fact that the Defendants
accept the liability Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) which they have towards the Plaintiff.
10.
The Plaintiff states that the said two cheques were
deposited with M. D. C. C. bank 207, D. N. Road, Mumbai -1 head office on 2nd July 2008 for Rs. 1,00,00,000/-(Rupees One Crore Only)and on 4th July 2008 for Rs. 50,00,000/-(Rupees Fifty Lakhs Only)respectively. I state that the said two cheques were dishonoured for the reasons mentioned in the memo
issued
by
Centurion
Bank
of
Punjab.
The
Plaintiff
states that on or about ______ date spoke to Defendant No. 2 about the refund of the monies however Defendant No. 2 gave evasive answers and deliberately and willfully tried to stop taking
calls.
contact
the
promised
The
Plaintiff
Defendant
that
he
No.
shall
2
again and
refund
tried on
the
to
being said
contact
the
contacted
he
amount
due
and
payable to Plaintiff. The Defendant has till today not paid the said amount.
11.
The Plaintiff states that the defendant in fact has
confirmed the said amount from time to time and admitted the liability, however refusing to pay the said amount without any justifiable or lawful reason. the
Defendant
however
failed
and
The Plaintiff states that neglected
to
make
the
payment of the said amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only). The Plaintiff though discharged his obligation under the said MOU and parted with the amount for purchase of the plot of 20 acres land; the Defendant failed
and neglected in their duty to get the said plot allotted in the name of the Plaintiff and as also to refund the said admitted balance amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)so given for the purchase of the plot of land.
12.
The
Plaintiff
states
that
in
the
circumstances
the
Plaintiff was left with no alternative but to give legal notice and accordingly on 29th May 2009 the Plaintiff
sent
the legal notice and recorded the aforesaid facts and called the defendant to make payment of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)with 21% interest from _____ to _____
of
Plaintiff
payment
by
by
said
the
the
Plaintiff
Advocate's
to notice
Defendant.
The
recorded
the
aforesaid fact that if within 7 days the Defendant if failed to
make
payment
1,50,00,000/-
of
(Rupees
the One
said
admitted
crore
Fifty
plaintiff will adopt the appropriate cost
of
the
Defendants.
The
amount Lakhs
of
Rs.
only)
the
proceedings at the
Plaintiff
states
that
the
Defendant duly received the said legal notice however did not make payment of the said amount. The Plaintiff states that in the circumstances the Defendant is truly and indebted
to
1,50,00,000/-
the
plaintiff
(Rupees
One
for
crore
the
Fifty
sum
Lakhs
justly of
Rs.
only).
The
Plaintiff states that the Defendants though liable to pay the said amount in law are avoiding to make payment of the said amount without there being justifiable reason. Hereto annexed and marked Exhibit G is the copy of the Advocate’s Notice dated 29th May 2009. The Plaintiff states that the
Defendant neither made the payment nor replied to the said Advocate Notice.
13.
The Plaintiff states that the defendant is liable to
pay the sum of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) with interest thereon at 21% from _____ to_____. The
Plaintiff
liability
states
and
that
there
is
the
no
defendant
defence
admitted
whatsoever
their
or
any
justifiable dispute. The Plaintiff states that the amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)is due and
payable
by
the
Defendant
Defendant has admitted
14.
to
the
Plaintiff
and
the
the liability.
The Plaintiff states that the Plaintiff has not claimed
any reliefs beyond the scope of order 37 Rule 1 of CPC. The Plaintiff
states
that
in
the
facts
and
circumstances
mentioned hereinabove the suit is maintainable as summary suit under Order 37 Rule 1 of CPC.
15.
The
Plaintiff
states
that
in
the
circumstances
the
Plaintiff is entitled to the decree of Rs. 1,50,00,000/(Rupees One crore Fifty Lakhs only) with interest @21
%
p.a.
from
_______
to
____________
thereon
against
the
defendant and in favour of the plaintiff. The plaintiff is also entitled to the cost.
16.
The
Plaintiff
states
that
the
defendant
has
their
office in Gurgoan. The Plaintiff is carrying on business in Bombay,
the
contract
was
entered
into
at
Bombay.
The
Plaintiff states that the whole cause of action has arisen in Bombay and this Hon'ble Court has jurisdiction to try and entertain the above suit.
17.
The plaintiff has not filed any other suit either in
this Hon'ble court or any other court or in the Apex court concerning the subject matter of the case.
18.
The plaintiff submits that no part of the claim in the
suit is barred by law of limitation.
19. suit
The Plaintiff states that the Plaintiff values the at
Rs.
1,50,00,000/-
(Rupees
One
crore
Fifty
Lakhs
only) and pays the court fees accordingly.
20. The Plaintiff will rely upon the list of documents a list whereof is annexed.
The Plaintiff therefore prays: a)
By a decree and judgment in plaintiff's favour and against the defendant for Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) with further interest thereon
@21% p.a. of Rs.
1,50,00,000/- (Rupees One crore Fifty Lakhs only) from the date of suit till decree and thereafter till realization. b) c)
For cost; For such other and further reliefs which this Hon'ble court may deem fit and proper
PLAINT DRAW BY ME,
(SRM Law Associates)
Bharat V. Jani
ADVOCATE FOR THE PLAINTIFF
Authorized representative of PLAINTIFF
Verification I,
Bharat
V.
Jani,
aged
about
45
years
the
Authorized
representative of plaintiff abovenamed do hereby Solemnly declare that what is stated in the foregoing paragraphs No.__ to __ is true
to
my own knowledge and what is stated in the
paragraphs
No.__ to __ is based on information and belief and I
believe the same to be true.
SOLEMNLY DECLARED AT BOMBAY THIS
remaining
DAY OF July 2009
] ]
BEFORE ME (SRM Law Associates) ADVOCATE FOR THE PLAINTIFF
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.
OF 2009
(Order 37, of C.P.C.)
ABC Pvt. Ltd. ..Plaintiff V/s.
1.
BBB Buildcon Pvt. Ltd.& Anr. ..Defendant
PLAINT DATED THIS
DAY OF SEP., 2007
SRM Law Associates ADVOCATE FOR THE PLAINTIFF 306, VARDHAMAN CHAMBERS 17-G, CAWASJI PATEL STREET
FORT, MUMBAI-400 001. I am not the member of the welfare scheme therefore Rs.2/- stamp not affixed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. (Under O.XXXVII,
OF 2009
of the Code of Civil Procedure 1908)
ABC Pvt. Ltd.
) Through it’s Authorized representative
)
Mr. Bharat M. Jani ) Aged about 45 years ,
)
Occupation : Service, of Mumbai
)
Indian Inhabitant, having his address ) A/5, Borkar Compound, Ganesh Nagar
)
W.E. Highway, Borivli (E),
)
Mumbai 400 066 )..Plaintiff V/s. 1. BBB Buildcon Pvt. Ltd.,
)
Through it’s director
)
Mr.DEF BBB
)
Aged about __ years, Occupation : _______________, having his address at NM/7,
) ) )
1stfloor, Old DLF,
)
Gurgaon 122001
)
2. Mr.DEF BBB
)
Aged about __ years,
)
Occupation : _______________,
)
having his address at NM/7,
)
1stfloor, Old DLF,
)
Gurgaon 122001
) ..
Defendant
To, The Prothonotory & Senior Master, High Court, Bombay. Madam, I,
the
Plaintiff
do
hereby
appoint
SRM
Law
Associates,
Advocate, High Court, Bombay to act, appear and plead for me in the above matter. IN WITNESS WHEREOF I, hereby set and subscribe my hand to this writing at Bombay.
Dated this
day of July, 2009
ACCEPTED:
(SRM Law Associates) Advocate, High Court, Bombay
Office Address: 306, Vardhaman Chambers, 17-G, Cawasji Patel Street, Fort, Mumbai 400 001. Resi. Address :
Plaintiff
C-11, Tilak Complex, Shanti Ashram, Eksr Road, Borivli (W), Mumbai 400 103.
Regn. No.813 Mobile No. 9821029453 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. (Under O.XXXVII,
ABC Pvt. Ltd.
OF 2009
of the Code of Civil Procedure 1908)
..Plaintiff
V/s. 1. BBB Buildcon Pvt. Ltd. & Anr.
..Defendant
MEMO OF ADDRESS
ABC Pvt. Ltd. C/o. SRM Law Associates Advocate & Solicitor 306, Vardhaman Chambers, 17-G, Cawasji Patel street, Fort, Mumbai 400 001.
(SRM Law Associates) Advocate for the Plaintiff
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.
OF 2009
(Under O.XXXVII, of the Code of Civil Procedure 1908)
ABC Pvt. Ltd.
..Plaintiff
V/s. 1. BBB Buildcon Pvt. Ltd. & Anr.
..Defendant
THE LIST OF DOCUMENTS BY WHICH THE PLAINTIFF WILL RELY UPON:
1.
All the Exhibits annexed in the Plaint
2.
Other relevant documents.
(SRM Law Associates) Advocate for the Plaintiff
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.
OF 2009
(Under O.XXXVII, of the Code of Civil Procedure 1908)
ABC Pvt. Ltd.
..Plaintiff
V/s. 1. BBB Buildcon Pvt. Ltd. & Anr.
..Defendant
Affidavit
I,
Bharat
V
representative
Jani, of
the
aged
about
Plaintiff
45
above
years named
the
having
Authorized address
at
address A/5, Borkar Compound, Ganesh Nagar, W.E. Highway, Borivli (E), Mumbai 400 066
1.
That I am well conversant with the facts and circumstances of
the case and are competent to depose for the same. I say that what is stated in the plaint is true to my own knowledge, belief and information. I say that for the sake of brevity, whatever is stated in the plaint may be treated as if reiterated herein in extenso.
2.
I say that if the reliefs are not granted in favour of the
Plaintiff,
the
Plaintiff
will
suffer
grave
harm,
loss
and
prejudice. Whereas no such harm, loss or prejudice will be caused to the Defendants if the reliefs as prayed for in the present suit
are granted in favour of the Plaintiff. The balance of convenience is in favour the Plaintiff.
3.
I, therefore pray that the reliefs asked for in the Plaint be
granted with costs.
SOLEMNLY AFFIRMED AT BOMBAY
]
THIS __
]
DAY OF July, 2009
BEFORE ME,
Advocate for the Plaintiff
