IN THE COURT OF LD.

SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,

PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

INDEX

NO. PARTICULARS PAGE NOS. COURT FEE

1. Court Fee “A” –

2. Memo of Parties “B” –

3. Suit for recovery along with affidavit 1–7 Rs. 1,905/-

4. List of documents along with documents 8 – 22 –

5. List of witnesses on behalf of the Plaintiff 23 –

6. Vakalatnama 24 Rs. 2/-

Filed by:-

COUNSEL
(RAJ VARDHAN)

VARDHAN & VARDHAN

Advocates & Solicitors
F – 20, LOWER GROUND FLOOR,
EAST OF KAILASH,
NEW DELHI – 110065
Ph. No. (+91) 9999444007
E – MAIL: raj.advocate@gmail.com
New Delhi
09.12.2015
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

P.S. CONNAUGHT PLACE

MEMO OF PARTIES

Pro Facilities Services Pvt. Ltd.

Having its registered office at:-
5, Mathura Road,
Jangpura,
New Delhi – 110048
Through its Authorized Representative

Also at:-

Plot No. 518,

Udyog Vihar, Phase – III,
Gurgaon – 122016 … Plaintiff

Versus

1. Usha Bhatnagar
10, Chitra Vihar,
New Delhi – 110092 … Defendant No. 1

2. Ambience Hospitality MGT Pvt. Ltd.

1012 & 1014, Antriksh Bhawan,
22, K.G. Marg,
New Delhi – 110001
Through its Director … Defendant No. 2

PLAINTIFF
(THROUGH ITS A.R.)

Through
COUNSEL
(RAJ VARDHAN)

New Delhi
09.12.2015
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

Suit for recovery of a sum of Rs. 20,346/- (Rupees Twenty

Thousand Three Hundred & Forty Six only) along with future and
pendente – lite interest

MOST RESPECTFULLY SHOWETH:-

1. That the Plaintiff is a private limited company registered under the

Companies Act, 1956, having its registered office in New Delhi at the
above said address and head office in Gurgaon and is inter alia
engaged in the business of facility management services. The Plaintiff
Company is filing the present suit through its Manager (Legal) and
Authorized Representative namely Mr. Abhishek Singh who is well
conversant with the facts and circumstances of the case and he had
been duly authorized by Board Resolution dated 01.12.2015 to do so.
By virtue of the aforesaid Power of Attorney, he is duly authorized to
sign, verify the plaint / pleadings, institute suit, adduce evidence,
engage and appoint Advocates on behalf of the Plaintiff Company in
the court of law and to do such other acts as may be necessary and
are connected with and /or incidental to the case. Copy of Resolution
dated 01.12.2015 passed by the Board of Directors of the Plaintiff
Company is annexed herewith as Annexure P – 1.

2. That Defendant No. 1 is the owner of commercial flat no. 1014 in

Antriksh Bhawan situated at 22, K.G. Marg, New Delhi – 110001 and
Defendant No. 2 is the tenant and in occupation of the aforesaid flat
situate at Antriksh Bhawan, New Delhi.

3. That upon allotment and handover of the aforesaid flat to its buyer i.e.
Defendant No. 1, a flat buyer’s agreement was executed between its
 buyer and Ansal Properties & Infrastructure Ltd. (“APIL”), pursuant to
which, buyer of the aforesaid flat agreed to avail the maintenance
services i.e. maintenance, upkeep, preservation of the building,
operation of the common services & management of common areas
from APIL or through its nominated maintenance agency and that
maintenance charges shall be regularly paid to APIL or its nominated
maintenance agency. It was further agreed between the parties that
charges towards capital replacement fund, insurance of the building,
water charges etc. shall also be regularly paid to APIL or its nominated
maintenance agency.

4. That the Plaintiff was the authorized and appointed nominee of APIL
and entrusted with the work of providing maintenance and other
facility services at Antriksh Bhawan, New Delhi where the said flat is
situated for the period 01.04.2009 to 31.12.2012 and the Defendants
were jointly and severally liable to make payment to the Plaintiff for the
said services at the applicable rates from time to time depending upon
the cost.

5. That the Defendants had been regularly receiving the quarterly

maintenance bill being raised against the said flat by the Plaintiff
towards the maintenance & other facility services. Quarterly
maintenance bill of the said flat for the period 01.10.2012 to
31.12.2012 which was lastly payable by 15.12.2012 envisages the
charges under different head i.e. common service charges, capital
replacement fund, insurance charges, water charges, interest etc., is
annexed herewith as Annexure P – 2 and its contents may be read as
part and parcel of this plaint as the same are not being reproduced
herein for the sake of brevity.

6. That due to repeated defaults by the Defendants in paying the

maintenance bills and succumbing to financial losses in terms of
accruing unpaid quarterly maintenance bills raised against the
maintenance services & other charges, the Plaintiff was constrained to
serve a legal notice dated 23.10.2013 upon the Defendant, inter-alia
asking the Defendant to pay the total outstanding dues of Rs. 20,346/-
with interest @ 18% p.a. within a period of 15 days from the receipt of
 the said notice, however the Defendants have failed to make the
payment of the outstanding bills to the Plaintiff within 15 days from the
receipt of said notice. Copy of the legal notice sent by the Plaintiff
company along with original postal receipt is annexed herewith as
Annexure P – 3.

7. That the Plaintiff provided maintenance and other facility services

between 01.04.2009 and 31.12.2012 at Antriksh Bhawan, New Delhi
where the said flat is situated and the total outstanding amount
payable by the Defendant to the Plaintiff against the aforesaid flat is
Rs. 20,346/- as on 31.12.2012. It is pertinent to mention here that the
Plaintiff Company has already approached the Defendant on several
occasions and has even sent legal notice demanding payment of the
total outstanding dues, however the efforts of the Plaintiff company for
recovering the outstanding amount from the Defendant have turned
futile. Therefore, the Plaintiff company has no other efficacious remedy
available with him except to approach this Hon’ble Court by way of
filing the present suit. Copy of the statement of account of the Plaintiff
company providing a break up of the due principle amount and due
interest amount qua the aforesaid flat is annexed herewith as
Annexure P – 4 and its contents may be read as part and parcel of
this plaint as the same are not being reproduced herein for the sake of
brevity. Further the said statement of account is authenticated by the
Plaintiff by virtue of certificate under section 65B of the Indian
Evidence Act, 1872 issued by the concerned official of the Plaintiff
company. The said certificate is annexed herewith as Annexure P – 5.

8. That the cause of action arose for filing the present suit in favour of
the Plaintiff company and against the Defendant. It firstly arose on
01.04.2009 when the Plaintiff started providing maintenance & other
facility services to the Defendant at Antriksh Bhawan, New Delhi. The
cause of action thereafter arose on each and every event when the
quarterly maintenance bills were raised by the Plaintiff against the
maintenance services & other charges which became due and payable
by the Defendant. The cause of action further arose every time when
the Defendant failed to make payment of the quarterly maintenance
bills to the Plaintiff. The cause of action subsequently arose on
 01.10.2012 when the last quarterly maintenance bill for the period
01.10.2012 to 31.12.2012 was raised by the Plaintiff. The cause of
action further arose on 15.12.2012 when the Defendant failed to make
payment of the said bill to the Plaintiff by the last pay date i.e.
15.12.2012. The cause of action further arose when a legal notice
dated 23.10.2013 was issued and served upon the Defendant by the
Plaintiff company through their counsel. The cause of action is still
continuing and is still subsisting as even after the receipt of legal notice
dated 23.10.2013, the Defendant has not yet made the payment of
accrued and outstanding payment against the rightful claim of the
Plaintiff company.

9. That this Hon’ble Court has territorial and pecuniary jurisdiction to

entertain this suit as the cause of action to file the present suit has
arisen within the territorial jurisdiction of this Hon’ble Court as the flats
and building i.e. Antriksh Bhawan, New Delhi where the Plaintiff
provided maintenance & other facility services and raised quarterly
maintenance bill is situated at 22, K.G. Marg, New Delhi – 110001 i.e.
within the territorial jurisdiction of this Hon’ble Court and the
outstanding amount towards unpaid quarterly maintenance bills is also
receivable by the Plaintiff from the Defendant at New Delhi. Further,
the Defendant also carries on business and provides service within the
territorial jurisdiction of this Hon’ble Court, hence this Hon’ble Court
also has territorial jurisdiction to entertain the present suit.

10.That the valuation of suit for the purposes of Court fee and jurisdiction
is Rs. 20,346/- (Rupees Twenty Thousand Three Hundred & Forty Six
only) at the time of filing of suit on which ad-valorem court fee have
been affixed on the plaint and regarding deficiency, if any, the Plaintiff
undertakes to pay the same as and when directed by Hon’ble Court.

11.That the present suit is filed within limitation as per provisions of law.

PRAYER

In view of the above facts and circumstances and in the interest of justice it is
most respectfully prayed that this Hon’ble Court may graciously be pleased
to: -
 A. Pass a decree for recovery of money of Rs. 20,346/- (Rupees Twenty
Thousand Three Hundred & Forty Six only) along with pendent – lite
and future interest at the rate of 18% p.a. in favour of the Plaintiff and
against the Defendant;

B. award the cost of present suit in favour of the Plaintiff and against the
Defendant; and

C. Pass such other and further order (s) as this Hon’ble Court may deem
fit and proper under the circumstances of the case in favour of the
Plaintiff and against the Defendant.

PLAINTIFF
(THROUGH ITS A.R.)

Through

COUNSEL
(RAJ VARDHAN)

VARDHAN & VARDHAN

Advocates & Solicitors
F – 20, LOWER GROUND FLOOR,
EAST OF KAILASH,
NEW DELHI – 110065
Ph. No. (+91) 9999444007
E – MAIL: raj.advocate@gmail.com
New Delhi
09.12.2015

VERIFICATION:

Verified at New Delhi on this 09 th day of December, 2015 that the

contents of para 1 to 7of above plaint are true and correct to the best of my
knowledge and those of paras 8 to 11 are true upon information received and
believed to be correct, no part of it is false and nothing material has been
concealed therefrom. Last para is prayer to this Hon’ble court.

PLAINTIFF
(THROUGH ITS A.R.)
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

AFFIDAVIT

I, Abhishek Singh S/o Mr. Chiranjivi Prasad Singh aged about 36 years

working as Manager (Legal) with Pro Facilities Services Pvt. Ltd. having its

registered office at 5, Mathura Road, Jangpura, New Delhi – 110048, do

hereby solemnly affirm and declare as under:-

1. That I am the Authorized Representative of the Plaintiff Company and

being so I am well conversant with the facts and circumstances of the

case and also competent to swear the present affidavit.

2. That the contents of accompanying suit has been drafted under my

instructions and the facts stated therein are true and correct to the

best of my knowledge and on the basis of information received and

believed to be true and nothing material has been concealed

therefrom.

3. That the contents of the accompanying suit may kindly be read as part

of the present affidavit and the same are not being repeated herein for

the sake of brevity.

DEPONENT
VERIFICATION:

Verified at New Delhi on this 09 th day of December, 2015 that the contents of

my above affidavit are true and correct to my knowledge, no part of it is false

and nothing material has been canceled therefrom.

DEPONENT
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

LIST OF DOCUMENTS ON BEHALF OF THE PLAINTIFF

NO. PARTICULARS PAGE

NOS.
1. Annexure P – 1
Copy of Resolution dated 01.12.2015 passed by the Board 9
of Directors of the Plaintiff Company
2. Annexure P – 2
Maintenance Bill of the said flat for the period 01.10.2012 10 – 11
to 31.12.2012 lastly payable by 15.12.2012
3. Annexure P – 3
Copy of the legal notice sent by the Plaintiff company 12 – 14
along with original postal receipt
4. Annexure P – 4
Copy of the statement of account of the Plaintiff Company 15 – 21
as on 23.10.2015
5. Annexure P – 5
Certificate under Section 65B of the Indian Evidence Act, 22
1872

Filed by:-

COUNSEL
(RAJ VARDHAN)

VARDHAN & VARDHAN

Advocates & Solicitors
F – 20, LOWER GROUND FLOOR,
EAST OF KAILASH,
NEW DELHI – 110065
Ph. No. (+91) 9999444007
E – MAIL: raj.advocate@gmail.com
New Delhi
09.12.2015
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

LIST OF WITNESSES ON BEHALF OF THE PLAINTIFF

1. Mr. Abhishek Singh, the Authorized Representative of the Plaintiff

Company.

2. Any other witness with the prior permission of this Hon’ble Court.

Filed by:-

COUNSEL
(RAJ VARDHAN)

VARDHAN & VARDHAN

Advocates & Solicitors
F – 20, LOWER GROUND FLOOR,
EAST OF KAILASH,
NEW DELHI – 110065
Ph. No. (+91) 9999444007
E – MAIL: raj.advocate@gmail.com
New Delhi
09.12.2015
IN THE COURT OF LD. SENIOR CIVIL JUDGE, NEW DELHI DISTRICT,
PATIALA HOUSE COURT, NEW DELHI

CIVIL SUIT NO. _____ OF 2015

IN THE MATTER OF:-

PRO FACILITIES SERVICES PVT. LTD. … PLAINTIFF

VERSUS

USHA BHATNAGAR & ANR. … DEFENDANT

CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT,

1872

I, Mukesh Kumar Singh S/o Sh. H.P. Singh working as Manager – Finance &
Accounts of the Plaintiff company having its registered office at 5, Mathura
Road, Jangpura, New Delhi – 110048 and head office at Plot No. 518, Udyog
Vihar, Phase – III, Gurgaon – 122016, am responsible for the operation,
supervision and management of the computer systems which have been used
to print the statement of account, on or around 23.10.2015 which are being
filed in the present proceeding and which are being exhibited and marked for
identification.
I hereby state and certify that:-

1. That the information contained in the hard disks of the above

mentioned computer systems was regularly recorded into them in the
ordinary course of the activities of my unit.

2. That during the period in question the above mentioned computer

systems were operation properly and there have been no such
operational problems as to affect the accuracy of the electronic record.

3. That the computer hardware and software used in the above said
computer systems have built in securely mechanism.

4. That these above said computer systems are in working condition, till
today.

Name : Mukesh Kumar Singh

Post : Manager – Finance & Accounts
Date : 09.12.2015