IN THE COURT OF CIVIL JUDGE, SENIOR

DIVISION, PUNE

Civil Suit No / 2017

R.D Parmanandka Pvt. Ltd. , Having Office at,

Office No.2 & 4, First
Floor, Galleria Apt, Karve
Rd,
Near Vidya Sahakari
Bank, Kothrud, Pune,
Maharashtra 411029 … Plaintiff

Versus

Saptrangi Pvt.
Ltd. Having
office at, Office
No 407-408,
Zenith complex 4th
Floor, Opposite Krishi
Bhavan,
Shivajinagar, Pune, Maharashtra 411005 ...Defendant

SUIT FOR BREACH OF CONTRACT UNDER

SECTION 74 OF THE INDIAN CONTRACT

ACT. PLAINT FILED UNDER SECTION 26,

READ WITH ORDER NO VII, RULE 1 OF THE

CODE OF CIVIL PROCEDURE

The Humble Application of the Plaintiff above named.

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MOST RESPECTFULLY SHEWETH:

It is submitted on behalf of the Plaintiff above mentioned as under:

1. That the Plaintiff company, having its registered address at,

Office No.2 & 4, First Floor, Galleria Apt, Karve Rd, near Vidya

Sahakari Bank, Kothrud, Pune, Maharashtra 411029 is a garment

company specialising in ladies garments and is registered under The

Companies Act, 2013.

2. The Plaintiff company is represented through it’s Director, Mr.

Shashank Shinde who has been the director since 2013 and is in-

charge of overseeing the affairs of the company, including sales.

3. The Defendant is also a company, having its registered office at,

Office No 407-408, Zenith complex 4th Floor, opposite Krishi

Bhavan, Shivajinagar, Pune, Maharashtra 411005 and specialises in

Children’s garments.

4. The Defendant company is represented by its Director, Ms. Rekha Jha

and to the Plaintiff’s knowledge also manages the sales division of the

company overseeing its functions.

5. The Plaintiff company entered into a sale agreement with the

defendant company for the purchase of 6000 units of kids garments

totaling to an amount of Rs.6,00,000/-, which was to be delivered to

the factory of the Plaintiff on or before 1st January, 2017. Hereto

annexed and marked as “Exhibit A” is a copy of the sales agreement.

6. The Plaintiff further submits that shortly after the delivery of the

consignment, profits for the Plaintiff company reduced significantly

which resulted in the Plaintiff company to suffer horrific losses due to

loss of profitable contract with its major booking agents.

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7. This resulted in the Plaintiff company to incur substantial damages in

profits as well as reputation. Hereto annexed and marked as “Exhibit

B” is a copy of the Plaintiff Company’s profit and loss statement from

1.01.2017 to 15.02.2017.

8. Under these circumstances, the Plaintiff company wrote a letter

addressing the director of the company issue faced by the Plaintiff and

to request them to accept a payment of Rs.50,000/- as a final payment

of debts owed to the Defendant company by the Plaintiff. Hereto

annexed and marked as “Exhibit C” a copy of the letter dated

20.02.2017.

9. The Defendant agreed to accept the payment of Rs.50,000/- in a letter

addressed to Mr.Shashank Shinde; Director and representative of the

Plaintiff company for the purposes of this suit. Hereto annexed and

marked as “Exhibit D” is a copy of the reply sent by the Defendant.

10. The final consignment arrived to the factory of the Plaintiff and it was

found to be of poor quality. Due to the fact that the plaintiff company

was already suffering heavy losses, the abhorrent quality of the kids

garments would further cement the absolute demise of the reputation

and profit of the Plaintiff company. In order to control the damage, a

notice regarding the same was sent to the Defendant on 04.03.2017.

Hereto annexed and marked as “Exhibit E” is a copy of the notice.

11. The notice sent was acknowledged and accepted by the Defendant

company however they didn't arrange for any exchange to take place

for the clothes.

12. The Plaintiff company was then compelled to send a legal notice dated

20.03.2017. The legal notice was neither accepted, nor acknowledged.

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 Hereto annexed and marked as “Exhibit F” is a copy of the legal

notice.

13. In the aforesaid premises, the Plaintiffs submit and pray to this

Hon’ble court that the Defendant be decreed and ordered to pay to the

Plaintiffs a sum of Rs.1,50,000 with 10% counted from the date of

delivery of the poor quality garments as damages for breach of

contract.

14. The suit is filed as a Suit for Breach of Contract under The Indian

Contract act, 1972 and under the provisions of Section 26, Read with

Order No VII, Rule 1 of The Code Of Civil Procedure.

15. The Plaintiff craves leave to add, amend, alter, substitute or modify

this plaint as and when necessary.

16. For purposes of Court fees, the Plaintiffs have calculated Court Fees

on the amount of Rs. 1,50,000/- and have paid Court fees thereon

accordingly.

17. The cause of action for filing this suit arose on 03.03.2017 in Pune,

Maharashtra, when the Plaintiff sent the legal Notice and cause of

action continues since the Defendants have not made the said payment.

The suit is therefore within the period of three years limitation. Hence

the suit is filed in time.

18. The Defendant’s office is located at Pune, which is under the

jurisdiction of this Hon’ble Court. Given under Section 9 of the Code

of Civil Procedure. This Hon’ble Court would therefore have the

jurisdiction to try and entertain the present suit.

19. The Plaintiffs have not sought any proceedings and/or claimed any

relief against the Defendants in any Court of law for recovery of the

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 present dues mentioned herein from the Defendant.

20. The Plaintiffs shall rely upon documents, a list whereof is separately

annexed hereto. That the Plaintiffs undertake to produce the originals

when required.

Place:- Pune

Dated July 2017

PLAINT DRAWN BY:-

Advocates