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Draft Summary Suit

1. The plaintiff company filed a summary suit against the defendant company and its director in the Bombay High Court. 2. The plaintiff had paid the defendant Rs. 1.5 crore in two installments for assistance in obtaining a plot of land from the government, but the land was not allotted. 3. The defendant issued two bounced checks totaling Rs. 1.5 crore as refund but failed to repay the amount despite demands and confirmation of liability. The plaintiff is now seeking repayment of Rs. 1.5 crore plus interest through this legal suit.

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100% found this document useful (1 vote)
2K views17 pages

Draft Summary Suit

1. The plaintiff company filed a summary suit against the defendant company and its director in the Bombay High Court. 2. The plaintiff had paid the defendant Rs. 1.5 crore in two installments for assistance in obtaining a plot of land from the government, but the land was not allotted. 3. The defendant issued two bounced checks totaling Rs. 1.5 crore as refund but failed to repay the amount despite demands and confirmation of liability. The plaintiff is now seeking repayment of Rs. 1.5 crore plus interest through this legal suit.

Uploaded by

PRIYARATNA JHA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 17

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 the Defendant

have the address as mentioned in the cause title.

2. The Plaintiff on or about _____ day of __________2008, the

Plaintiff through its representative Mr. DEF Kumar had


visited Noida, Gurgoan to see the 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, DLF Phase V Gurgoan-122 022 for Rs.

1,00,00,000/- (Rupees One Crore Only)and 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. The Plaintiff again tried to contact the

contact the Defendant No. 2 and on being contacted he

promised that he shall refund the said 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 Plaintiff states that

the Defendant however failed and 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 payment by the Plaintiff to Defendant. The Plaintiff by

the said Advocate's notice recorded the aforesaid fact that

if within 7 days the Defendant if failed to make payment of

the said admitted amount of Rs. 1,50,00,000/- (Rupees One

crore Fifty Lakhs only) the plaintiff will adopt the

appropriate proceedings at the cost of the Defendants. 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 justly indebted to the plaintiff

for the sum of Rs. 1,50,00,000/- (Rupees One crore Fifty

Lakhs 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 states that the defendant admitted their liability

and there is no defence whatsoever 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 to the Plaintiff and the Defendant

has admitted the liability.

14. 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 thereon @21 % p.a.

from _______ to ____________ 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. The Plaintiff states that the Plaintiff values the suit 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) For cost;

c) 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 remaining

paragraphs No.__ to __ is based on information and belief and I

believe the same to be true.

SOLEMNLY DECLARED AT BOMBAY ]

THIS 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. OF 2009

(Under O.XXXVII, 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 Plaintiff

Office Address:

306, Vardhaman Chambers,

17-G, Cawasji Patel Street,

Fort, Mumbai 400 001.

Resi. Address :

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. 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

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 Jani, aged about 45 years the Authorized


representative of the Plaintiff above named having 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

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