IN THE COURD OF LD SENIOR CIVIL JUDGE, WEST DISTRICT,

TIS HAZARI DISTRICT COURT, NEW DELHI

SUIT NO. OF 2017
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE,
1908)

IN THE MATTER OF:

M/s World Phone Internet Services Pvt. Ltd. ….Plaintiff

Versus

Trippur Sky Communications …Defendants

MEMO OF PARTIES

Vijay Arora …Plaintiff

Versus

Trippur Sky Communications

2/908C, Kumaran, 3rd Street,
S.R. Nagar North, Mangalam Road,
Trippur, Tamil Nadu – 641687 …Defendant

PLAINTIFF
THROUGH
NEW DELHI
DATE:
FOR KIAA, LLP
I-44, JANGPURA EXTENSION,
NEW DELHI -110014
#011-42408400

IN THE COURD OF LD DISTRICT, SOUTH EAST DISTRICT,

SAKET DISTRICT COURT, NEW DELHI
SUIT NO. OF 2017
 (UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE,
1908)

IN THE MATTER OF:

M/s World Phone Internet Services Pvt. Ltd. ….Plaintiff

Versus

Trippur Sky Communications …Defendants

PS: OKHLA

SUIT RECOVERY OF AMOUNT OF RS 10,900/- (RUPEES TEN

THOUSAND NINE HUNDRED ONLY) ALONG WITH PENDELITE AND
FUTURE INTEREST.

Most Respectfully Showeth:

1. That the Plaintiff herein is a proprietor of the firm

name________________ having its registered office at

____________________. The Mr. Vijay Arora is the proprietor and

owner of the firm R/o at 12/69-B, Tilak Nagar, New Delhi

specialized in manufacturing of S.S. & Brass Door Fitting &

Sanitary Fitting.

2. That the defendant Geeta Glass & Plywood proprietor Mr. Ram

Prasad Sharma is dealing with sale and purchase of products

related to doors and windows at R/o __________________.

3. That on 7th May 2017, Defendant purchased certain items (total

items- 12) from Plaintiff of total bill amount Rs. 29900/-, Invoice

No. 057 dated 07/05/2017 and Defendant have acknowledged the

receipt of this bill raised by Plaintiff and was promised by Plaintiff

that it will be delivered to Defendant on the next day. Copy of

Invoice is annexed here as ANNEXURE A-1.

4. That as Defendant promised that consideration of the said

purchase will be given by Defendant in cash after the delivery of

the products.
5. That against the Defendant valid and confirmed order Plaintiff did

his job on time on 8th May 2017, on the very next day of the

purchased Plaintiff delivered the said list of products through SHRI

KUCHAMAN SIKAR TRANSPORT COMPANY. Copy of delivery

receipt is annexed here with as ANNEXURE A-2

6. That as promised by Defendant, Plaintiff received the part

consideration of Rs. 19,000 in cash and other part consideration

was promised to be paid within a 10 days.

7. That after one month of delivery date Plaintiff requested Defendant

to pay the balance of payment and it was shocking for Plaintiff to

believe that Defendant denied/ rebuked the promise to pay

outstanding amount of Rs. 10,900.

8. That after so many telephonic communications Plaintiff gave

Defendant many reminders but Defendant have always been

denying the same on one pretext or the other and so far have not

paid even a single paisa out of the said outstanding undisputed

amount.

9. That on ___________ Plaintiff even sent the reminder through speed

post to pay the outstanding amount but Defendant did not even

considered to reply the aforesaid claim of the Plaintiff.

10. That when the Defendants failed to make the balance

payment, the Plaintiff sent notice of demand through its counsel

dated ______________ addressed to the Defendant, on their

addresses available to the Plaintiff, directing the Defendant to

make the payment at the earliest. That the demand notice was

sent via Speed Post. That the demand notice sent to Defendant was

duly served to the Defendant on ______ Copy of the Legal Notice

dated ______________ along with Original receipts of India Speed

Post is marked as Annexure E.

11. That despite repeated requests and reminders, the

Defendant had admittedly failed to pay the outstanding amount

due and payable by the Defendants to the Plaintiff. Thus the

Defendant is under and obligation to pay and remit the aforesaid

outstanding amount due and payable to the Plaintiff.

12. That the liability of the Defendant is an admitted,

acknowledged and undisputed liability and the same have been

admitted, inter alia, by making part payments to the Plaintiff. That

the Defendant is under all obligations to pay and remit the balance

and outstanding amount due and payable by the Defendants to the

Plaintiff. The Defendant has no reason not to pay the outstanding

amount in lieu of the transaction with the Plaintiff and there is a

willful default on the part of the Defendant in making the payment

to the Plaintiff.

13.

14. That inspite of acknowledging the liability of payment of

balance amount i.e. Rs 10,900/- (Ten Thousand Nine Hundred

Rupees) which Defendant have been miserably failed to make

payment of the said amount due to Plaintiff from Defendant

deliberately with malafide intent, hence Defendant are liable to pay

the said principal balance amount of Rs. 10,900/- (Ten Thousand

Nine Hundred Rupees) alongwith interest @24% p.a. from the date

of due till actual realization of the said sum as is generally and

customarily prevailing in the trade usages, which comes to Rs.

12,208/-
15. That the cause of action for filing the present suit arises in

favor of the Plaintiff and against the Defendant when the

Defendant stopped paying the outstanding amount for the

products purchased by the Defendant and is still continuing in

nature as even after repeated intimations, the outstanding amount

is still not paid to the Plaintiff. The cause of action further arose

when purchased products by the Defendant were delivered by

Plaintiff to Defendant from his registered office situated within the

territorial jurisdiction of this Hon’ble court. The cause of action

further arose when notice of demand dated_________________ was

sent by post addresses to the Defendant, requesting it to make the

balance outstanding payment at the earliest.

16. That the value of the suit for the purpose of the court fees

and jurisdiction is fixed at Rs ___________ on which ad-valorem

court fees has been affixed on the Plaint.

17. That the present suit being filed by the Plaintiff against the

Defendant is the first suit and no such suit has been previously

filed, pending or decided by any court of law on the same subject

matter.

18. That this Hon’ble Court has got every jurisdiction to try,

adjudicating, entertain and decide the present suit as goods were

sold and delivered within jurisdiction of this Hon’ble Court at

Delhi. That this Hon’ble Court has every jurisdiction to try this

present suit as the payments were received by the Plaintiff at Delhi

well within jurisdiction of this Hon’ble Court. That the cause of

 action partly arose within the territorial jurisdiction of this Hon’ble

Court.

19. That the present suit is very much within the limitation

period for the recovery of outstanding amount which is 3 years

20. That the Plaintiff has strong prima facie case and is likely to

succeed.

21. That the balance of convenience lies heavily in favor of the

Plaintiff.

22. That the Plaintiff would suffer irreparable loss if the present

suit is not decreed in favor of the Plaintiff.

23. That the present suit has been filed under the provisions of

Order XXXVII of Code Of Civil Procedure, 1908. In the present suit,

no relief, which does not fall within the ambit of Order XXXVII of

Code of Civil Procedure, 1908, has been claimed.

PRAYER

In view of the above mentioned facts and circumstances, the Plaintiff

most respectfully prayed that this Hon’ble Court may please to:

(i) pass a decree for recovery of money in favor of the Plaintiff

Company and against the Defendant in the amount of Rs

__________) along with pendente lite and future interests @ 18%p.a

from the date its due till its realization; and

 (ii) Further pass necessary orders and directions, thereby directing the

Defendants to compensate the Plaintiff for the amount of court fees

affixed and the litigation cost here with the plaint along with

pleader cost to be calculated at the rate of Rs 2,000 per

appearance; and

(iii)Award cost of the present suit in favor of the Plaintiff Company and

against the Defendant.

(iv) Pass any order/directions that this Hon’ble Court may deem fit

and proper in the nature and circumstances of the present case.

PLAINTIFF
NEW DELHI
DATE:
THROUGH
 IN THE COURD OF LD SENIOR CIVIL JUDGE, WEST DISTRICT,
TIS HAZARI DISTRICT COURT, NEW DELHI
SUIT NO. OF 2017
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908

IN THE MATTER OF:

M/s World Phone Internet Services Pvt. Ltd. ….Plaintiff

Versus

Trippur Sky Communications …Defendant

LIST OF DOCUMETS FILED ON BEHALF OF THE PLAINTIFF

SL NO. PARTICULARS

1. Copy of Board resolution date 15.03.2017 passed by the board of

directors of the Plaintiff.
2. Copy of various email communications between the employees of
the Plaintiff and Defendant Company.
3. Computer Generated Copy of Ledger account for the period of -
____________ to ____________ of Defendant maitanied in the books of
of the Plaintiff Company.
4. Copy of various computer generated Invioces issued against the
purchase made by the Defendant.
5. Copy of Notice dated 28.07.2017 sent through Speed post to the
Defendant.
6. Original Speed Post receipts along with tracking records dates
28.07.2017.
7. Copy of Notice dated 31.08.2017 sent through Speed post to the
Defendant.’
8. Original Speed Post receipts along with tracking records dates
31.08.2017.

NEW DELHI
DATE:
THROUGH
KIAA,LLP
I-44, JANGPURA EXTENSION,
NEW DELHI – 110014
PH NO. – 011 42408400
 IN THE COURD OF LD SENIOR CIVIL JUDGE, WEST DISTRICT,
TIS HAZARI DISTRICT COURT, NEW DELHI
SUIT NO. OF 2017
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908

IN THE MATTER OF:

M/s World Phone Internet Services Pvt. Ltd. ….Plaintiff

Versus

Trippur Sky Communications …Defendant

AFFIDAVIT

I, Varun Dhooper, S/o Shri Harish kumar Dhooper, r/o 1/7611, East
Gorakh Park, Gali no. 6, Shahdara, Delhi – 110032 is Authorized
Representative of the Plaintiff Company in the aforesaid Civil Recovery
Case and do hereby solemnly affirm and declare as under:-
1) That I am the Authorized Representative in the above noted case
and I am conversant with the facts and circumstances of case as
such am I am competent to depose this affidavit.
2) That the facts mentioned herein are true and correct to the best of
my knowledge and belief and nothing material has been concealed
there from.

DEPONENT
VERIFICATION
Verified this on solemn affirmation at New Delhi on day of
September, 2017 that the abovementioned contents of the affidavit are
true and correct to the best of my knowledge, belief and nothing material
has been concealed there-from.

DEPONENT