IN THE COURT OF SENIOR CIVIL JUDGE

DISTRICT: NORTH, ROHINI COURTS, DELHI

(SUIT FOR RECOVERY OF DUES)

Civil Suit___ of 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY
Through its partner/sole proprietor ..Defendant

INDEX
S.No. Particulars Page No.
1. E-Court Fee
2. Memo of Parties
3. Suit for recovery of along with Pendent Lite and Future
Interest@18% per annum
4. Affidavit on behalf of plaintiff
5. List of documents along with Documents
6. Vakalatnama

PLAINTIFF
Through Counsels

Ishan Dang and Anshul Jain

For AROP Jain & Associates, Legal Services
Add.: 101, Kumar Towers, Wazirpur Computer Market,
Ashok Vihar, Delhi-110052, 1811, Main Chandrawal Road,
Mobile: +91-9899998243; +91-99999406603
Email : aropjain@gmail.com
New Delhi
Dated:
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit ___ of 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY.
Through its partner/proprietor ..Defendant

COURT FEES
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY
Through its partner/proprietor ..Defendant

MEMO OF PARTIES
M/s ARUN HOSIERY PRODUCTS
(A GST registered Proprietorship
Firm through Mr. Aman Singhal
Add: B-156, Prashant Vihar, Delhi-110085 ..Petitioner

Versus
M/S SRI RAM HOSIERY
NEPUR, KHATA NO.881,
PLOT NO.2631, MOHIUDDINPUR,
JAGATSINGHPUR, ODISHA-754103 ..Defendant

PLAINTIFF
Through Counsels

Ishan Dang and Anshul Jain

For AROP Jain & Associates, Legal Services
Add.: 101, Kumar Towers, Wazirpur Computer Market,
Ashok Vihar, Delhi-110052, 1811, Main Chandrawal Road,
Mobile: +91-9899998243; +91-99999406603
Email : aropjain@gmail.com
New Delhi
Dated:
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY ..Defendant

SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL

PROCEDURE, 1908 FOR RECOVERY OF RS. 1,67,808/-
(RUPEES ONE LAKH SIXTY SEVEN THOUSAND EIGHT
HUNDRED AND EIGHT ONLY)
Court Fees Paid: Rs. 4000/-

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a respectable law abiding PROPRIETORSHIP firm, duly

registered having GST Regn. No. ‘07AHMPS1396Q1ZD'. The plaintiff is
engaged in trading of different types of industrial and other hosiery products etc.
under the name and style of M/s Arun Hosiery Products having its registered
office at H. No. B-156, Prashant Vihar, Delhi-110085.

2. That the Defendant is a sole proprietor conducting its business under the
name of M/s Sri Ram Hosiery having its registered office at Nepur, Khata No.
881, Plot No. 2631, Mohiuddinpur, Jagatsinghpur, Odisha-754103.

3. That, the defendant is an acquaintance with the Plaintiff from the market, the
defendant agreed make the sale on 15.01,2021 vide ‘Voucher No. 318’, of
amount Rs. 1,10,880/- (Rupees One Lakh Ten Thousand Eight Hundred and
 Eighty Only) out of which a payment of Rs. 60,000/- (Rupees Sixty Thousand
Only) was made by the Defendant.

4. That the defendant further made a Purchase on 18.03,2021 vide ‘Voucher No.
422’, of amount Rs. 1,16,928/- (Rupees One Lakh Sixteen Thousand Nine
Hundred and Twenty Eight Only) out of which NO payment of any kind was
made by the Defendant.

5. That on the total balance amount on the said Invoices/Vouchers came to Rs.
1,67,808/- (Rupees One Lakh Sixty Seven Thousand Eight Hundred And
Eight Only Thousand) including the GST involved with other charges and the
Defendant had assured the Plaintiff that the Defendant would pay against the
purchase made within 01 month of the purchase date. Original Computer
generated copies of the said invoices are attached herewith as Annexure-A
along with Certificate under Section 65B of Evidence Act 1872.

6. That the Defendant in due discharge of its outstanding amount on date of

purchase, defendant should have paid the plaintiff his legitimate amount in the
form of Cash, cheque or other modes to the Plaintiff from time to time which
does not happen at all. Moreover, the defendant only managed to pay out Rs
60,000/- (Rupees SIXTY THOUSAND ONLY) out of the aforesaid outstanding
amount i.e. Rs. 2,27,808/-(Rupees Two Lakhs Twenty Seven Thousand Eight
Hundred and Eight Only).

7. That on the repeated requests from the Plaintiff, the defendant turned deaf ear
towards the Plaintiff and ignored all his calls, requests, reminders and all kind of
communications possible.

8. That on 18.11.2021, The Plaintiff also sent a reminder/demand letter requesting

the defendant to discharge his liability and make payment of the legitimate
amount of Plaintiff, failing which the Plaintiff shall at his liberty take further
and appropriate legal action in the interest of Justice and for recovery of his
legitimate dues. Copy of the said Letter is attached herewith as Annexure-B.
9. That the said letter dated 18.11.2021 was duly delivered and even not cared to
reply and acknowledged by the defendant whose intentions are now evidently
turned greedy and mala-fide and the defendant did not intend to pay.

10. That on account of non-payment, no reply of the letter sent and no telephonic or
digital contact with the defendant, the Plaintiff through his Advocate served a
Legal Notice dated 05.08.2022 (Annexure-C) to the defendant by way of
Registered Speed Post on vide Receipt No. ‘ ED216865155IN’ dated 05.08.2022
(Annexure-D). However, the notice was returned delivered on 16.08.2022
(Annexure D-1) with a remark ‘Addressee cannot be located’, still, the
defendant has not taken any steps to liquidate his liability and has failed to make
legitimate payments to the plaintiff towards the amount, within the statutory
period of 15 days or thereafter and till date.

11. That the defendant has failed to make payment despite everything and passage
of considerable time and has been filing all his Tax Returns as evidently
depicted on the online public portal of the GST department, hence this default in
payment has been done by them dishonestly, intentionally, deliberately and
knowingly. Annexure-E, annexed along showing the GST Table.

12. That the Defendant gave false assurances to the plaintiff for the payment of the
Balance Amount now, with no option left but to proceed legally, Hence this suit.

13. That till date no payment is received to the plaintiff. Therefore, the defendant
has been deliberately avoiding payments and there is no genuine intention to
clear off the dues.

14. That the Plaintiff is entitled to the following amount -

A. TOTAL PENDING PRINCIPAL AMOUNT = Rs. 1,67,808/-
B. INTEREST @18% P.A. ON
w.e.f. 18.03.2021 till 05.08.2022 = Rs. 41,791/-
C. NOTICE CHARGES = Rs. 7,500/-
TOTAL PENDING AMOUNT TO BE PAID = Rs. 217,099/-
15. That the Defendant on one or the other pretext delayed the matter with malafide
intention and had been giving assurance to the plaintiff that he would pay the
said amount pending on his end to the plaintiff as early as possible, but now the
defendant after adopting procrastinate attitude has flatly refused to return the
said amount to the plaintiff, hence this suit.

16. That the cause of action arose at Delhi as the goods were purchased by the
defendant on 15.01.2021 and 18.03.2021 when the amount which was supposed
to be paid by the defendant in Delhi. The cause of action further arose when the
legitimate payment was not received despite numerous reminders via Electronic
Media. The cause of action further arose when the defendant didn’t pay the
complete amount & vaguely reassured the Plaintiff to make the payment. The
cause of action further arose when the letter sent by the plaintiff on 18.11.2021
was received and not replied and even then also no payment was extended by
the Defendant in favour of the Plaintiff. The cause of action further arose
despite Legal Notice dated 05.08.2022 for the same and no reply/action at all
was given to the legal notice in the stipulated time period or afterwards or till
date. The cause of action is still continuing as the defendant has failed to repay
the pending amount and hence the Hon’ble Court has the Exclusive Jurisdiction
to try the present suit under Section 20(c) of Civil Procedure Code 1908.

17. That this Hon'ble Court has territorial jurisdiction to entertain and try the present
suit since the cause of action i.e. recovery of dues on the Defendant to the
Plaintiff which is within the jurisdiction of this Hon’ble Court. The suit is
valued at Rs. 1,67,808/- (Rupees One Lakh Sixty Seven Thousand Eight
Hundred And Eight Only) which is within the pecuniary jurisdiction of the
Hon’ble court.

18. That, for the purpose of valuation and court fees the present suit is valued at Rs.
1,67,808/- (Rupees One Lakh Sixty Seven Thousand Eight Hundred And Eight
Only) upon which the required ad valorem court fee amounting to Rs. 4000/-
has been paid.
 19. That, the present suit has been filed, based on Invoice pending for payment in
which the purchase has been made by the defendant & amount with interest still
stands unpaid. No relief, which does not fall within the jurisdiction of this
Hon’ble court, has been claimed in the present suit.

PRAYER
Is therefore, most respectfully prayed that, in the facts and circumstances of case
mentioned herein above this Hon'ble Court may graciously be pleased to pass
the following order/orders in favour of the Plaintiff and against the Defendant:

a. Pass a decree against the Defendant jointly and severally to pay the sum of Rs.
1,67,808/- (Rupees One Lakh Sixty Seven Thousand Eight Hundred And Eight
Only)
b. Award interest pendent lite and future interest @18% w.e.f. 18.03.2021 till
05.08.2022;
c. Award the cost of this suit in favour of the Plaintiff and against the
defendant ;and
d. Pass such other or further orders as this Hon'ble Court may deem fit in the facts
and the circumstances of the case.

PLAINTIFF
Through Counsels

Ishan Dang and Anshul Jain

For AROP Jain & Associates, Legal Services
Add.: 101, Kumar Towers, Wazirpur Computer Market,
Ashok Vihar, Delhi-110052, 1811, Main Chandrawal Road,
Mobile: +91-9899998243; +91-99999406603
Email : aropjain@gmail.com
New Delhi
Dated:

VERIFICATION:
Verified at New Delhi on this day of 2022 that the contents of the para 1 to 19
of the suit are true, correct to my personal knowledge, derived from the records of the case
and nothing material has been concealed there from. Last paragraph is by way of prayer to
this Hon’ble Court.

PLAINTIFF
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:
M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY ..Defendant

LIST OF DOCUMENTS

S.No. PARTICULARS PAGE NO.

1. Annexure A - copy of Invoice dated 08.03.2018
2. Annexure B – Copy of Demand Letter Dated 15.11.2021
3. Annexure C – Copy of Legal Notice dated 05.08.2022
4. Annexure D - Copy of the India Post Receipts dated 05.08.2022
5. Annexure E – Copy of the GST Portal

LIST OF RELIANCE

1. Original books of account of the Plaintiff’s firm.

2. Original bill book.
3. Original record pertaining to the transaction the plaintiff had with the defendant.
4. GST Portal of Government of India.

Plaintiff
Through Counsels

Ishan Dang and Anshul Jain

For AROP Jain & Associates, Legal Services
Add.: 101, Kumar Towers, Wazirpur Computer Market,
Ashok Vihar, Delhi-110052, 1811, Main Chandrawal Road,
Mobile: +91-9899998243; +91-99999406603
Email : aropjain@gmail.com
New Delhi
Dated:
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner
Versus
M/S SRI RAM HOSIERY ..Defendant

AFFIDAVIT OF SH. AMIT SINGHAL S/O LT. SH.

M/S ARUN HOSIERY PRODUCTS, AGED ABOUT YEARS R/O
H.NO. B-156, PRASHANT VIHAR, DELHI-110085.
I, the above named deponent, do hereby solemnly affirm and declare as under:
1. That I am the authorized representative of the Plaintiff in the above Suit and I
am well conversant with the facts and circumstances of the case and application
to depose the present affidavit.
2. The plaint is signed and verified by me being the Partner of the firm. The
averments made in the suit are true to the best of my knowledge, derived from
the records maintained by the plaintiff’s firm in due course of business.
3. That I have read and understood the contents of the accompanying Plaint and I
state that the same are true and correct to my knowledge and the no part of it is
false and nothing has been concealed there from.
4. That the information filed by the deponent is correct.

DEPONENT
VERIFICATION:

Verified at New Delhi on this day of 2022 that the contents of the above
affidavit are true and correct to my knowledge and as derived from the records of the case, no
part of it is false and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY ..Defendant

Certificate U/s 65B Of the Indian Evidence Act.

I, AMAN SINGHAL, Proprietor M/s ARUN HOSIERY PRODUCTS, Add.: B-156,
Prashant Vihar, Delhi-11--85, do hereby solemnly affirm and declare as under:

This is to certify that the printouts in the present case, proof of service,
invoices, ledgers Etc. annexed herein has been produced from the computer
system and printer using printer which is under my control and supervision and
its contents are true reproduction of the original to the best of my knowledge
and belief. It is further certified that the conditions laid down in section 65B of
the Indian evidence act regarding the admissibility of the computer output in
relation to the information and the computer in question are fully satisfied in all
aspects.

DEPONENT
VERIFICATION
Verified at New Delhi on this day of , 2022 that the contents of the above
affidavit are true and correct to my knowledge and belief. Nothing material has been
concealed therefrom.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE
DISTRICT: NORTH, ROHINI COURTS, DELHI
(SUIT FOR RECOVERY OF DUES)

Civil Suit___ OF 2022

IN THE MATTER OF:

M/S ARUN HOSIERY PRODUCTS ..Petitioner

Versus
M/S SRI RAM HOSIERY ..Defendant