IN THE COURT OF LD.

DISTRICT JUDGE, SOUTH EAST

DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Shri Anil Kumar

S/o Shri Shyam Sunder
R/o D-97, First Floor,
Freedom Fighter Colony,
Neb Sarai,
New Delhi 110068 … Plaintiff

Versus

Shri Anil Kumar Gupta

R/o C-720, New Friends Colony,
New Delhi

Also At:

C/o Nathu Sweets

19, Community Centre,
New Friends Colony,
New Delhi … Defendant

SUIT FOR RECOVERY OF RS.15,40,000/- (RUPEES

FIFTEEN LACS AND FORTY THOUSAND ONLY) UNDER
ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

Ad- valorem court fees of Rs.17,400/- has been affixed

MOST RESPECTFULLY SHOWETH:

(1) That the Plaintiff is a peace loving and an honest

individual with clean antecedents and residing at D-97, First

Floor, Freedom Fighter Colony, Neb Sarai, New Delhi 110068.

(2) That the Plaintiff and the Defendant are known

each other for several years. The plaintiff and defendant were

on good terms and friendly relations for years.

(3) That sometime in the month of January, 2016 the

Defendant sought the help of the Plaintiff and asked the

Plaintiff to lend him a loan of Rs.10,00,000/- (Rupees Ten

Lacs Only) by representing that the Defendant is in a dire

need of Rs.10,00,000/- and needed the same for investment

in his business. Touched by the humanitarian appeals of the

Defendant, the Plaintiff agreed to provide a loan of

Rs.10,00,000/- to the Defendant. The defendant assured the

Plaintiff that he will return the loan amount to the plaintiff

within a period of two months and also pay an interest @ 18

% per annum to the plaintiff. It was further agreed between

the parties that the interest is to be paid on a monthly basis.

(4) That the Plaintiff arranged for the necessary

funds, and he provided a sum of Rs.10,00,000/- (Rupees Ten

Lacs only) to the Defendant on or around 20.01.2016 in cash.

At the time of receiving the said amount, the Defendant

agreed to make the repayment thereof to the Plaintiff within a

period of two months. It is submitted that the defendant paid

the interest for initial two months only (till March, 2016) but

failed to pay any interest thereafter to the plaintiff.

(5) That the defendant did not keep his promises and

did not return even a single penny of principal amount to the

plaintiff after the expiry of the agreed period i.e. 10.03.2016.

The defendant did not make the payment of the total loan of

Rs.10,00,000/- nor made any payment of any interest to the

plaintiff after March 2016.

(6) That the Defendant had requested the plaintiff to

give him time of 10 - 15 days on the ground that the

Defendant is arranging for the required funds, and promised

that the payment of the loan amount shall be made to the

plaintiff positively by the end of the month of March, 2016.

The defendant also issued the following cheques to the

plaintiff in discharge of his liability towards the plaintiff for

the principal loan amount:

a. Cheque No.142995 dated 29.03.2016 for Rs.2,50,000/-

b. Cheque No.142996 dated 31.03.2016 for Rs.2,50,000/-

c. Cheque No.142997 dated 28.03.2016 for Rs.2,50,000/-

d. Cheque No.142998 dated 28.03.2016 for Rs.2,50,000/-

all drawn on Oriental Bank of Commerce, New Friends

Colony, New Delhi.

(7) That within the validity of the said cheques, the

plaintiff presented the said cheques with his banker Oriental

Bank of Commerce, New Delhi, for encashment but the same

were returned back to the plaintiff from the counter of his

bank with the instructions that there is no sufficient balance

in the account of the defendant to honour the said cheques.

(8) That after 01.04.2016, the plaintiff made a lot of

attempts to approach the defendant and demanded the loan

amount as well as interest due, however, the defendant

started delaying the matter on one pretext or the other. The

defendant has been falsely promising the plaintiff that the

loan amount as well as the interest shall be paid to the

plaintiff, but till date the defendant has not fulfilled his

promises.

(9) That the Defendant had fraudulently and

dishonestly induced the Plaintiff to provide him with a

friendly loan, and had falsely promised to make the re-

payment of the same, knowing fully well that the payment

would never be made. In view of the same, the Defendant has

made himself liable for prosecution for the offences inter-alia

of Cheating punishable under section 420 of the Indian Penal

Code, 1860; as well as for various other offences punishable

under Indian Penal Code and other relevant Acts, and the

Plaintiff reserves his rights to take appropriate legal action

against the Defendant for the criminal offences committed by

him.

(10) That the Defendant is liable to pay the principal

amount of loan i.e. Rs.10,00,000/- (Rupees Ten Lacs Only) to

the Plaintiff. Since the re-payment of the same has not been

made by the Defendant, the Defendant is also liable to pay

the aforesaid amount along with an interest thereon @18%

from the date of the respective cheques till the date of actual

re-payment to the plaintiff. It is submitted that the interest

@18% per annum calculated from the date of respective

cheques to the date of filing i.e. 26.03.2019 (36 months) on

the principal amount of Rs.10,00,000/- comes to

Rs.5,40,000/-. Thus, as on 27.03.2019, the defendant is

liable to pay an amount of Rs.15,40,000/- (i.e.

Rs.10,00,000/- + Rs.5,40,000/-) to the plaintiff.

(11) That the Plaintiff has duly demanded the aforesaid

amounts from the Defendant but he has miserably failed to

clear his outstanding dues till date, hence the present suit.
(12) That the present suit is within limitation of time

as per the provisions of the Limitation Act. The present suit

has been filed before the expiry of 3 years time calculated

from the date of the written acknowledgement in the shape of

cheques dated 28.03.2016, 29.03.2016 and 31.03.2016.

(13) That the cause of action for filing the present suit

firstly arose on 28.03.2016 when the defendant issued

cheques to the plaintiff in repayment of the loan amount. The

cause of action further arose on different dates after

28.03.2016 when the cheques issued by the defendant were

returned back by the bank of the plaintiff as there was no

sufficient balance in the account of the defendant to honour

the said cheques. The cause of action further arose on

different dates when the Defendant promised to repay the

sum of Rs.10,00,000/- to the Plaintiff along with interest @

18% per annum. The cause of action arose on various

occasions when the plaintiff sent several reminders to the

defendant to make the payment but the defendant avoided to

clear his dues. Since till date no payment has been made by

the Defendant to the Plaintiff for the repayment of his

outstanding liability, the cause of action is still subsisting

and continuing.
(14) That the valuation of the present suit for the

purposes of court fees and jurisdiction has been fixed at

Rs.15,40,000/- (Rupees Fifteen Lacs and Forty Thousand

Only) on which ad-valorem court fees of Rs.17,400/- has

been affixed.

(15) That the transactions between the parties have

been done at the residence of the defendant located at New

Friends Colony, New Delhi. The loan was given by the plaintiff

to the Defendant at the residence of the defendant at Delhi.

Further, the Defendant resides and works for gain at Delhi,

which is within the territorial jurisdiction of this Hon’ble

Court. Hence, this Hon’ble Court has the jurisdiction to try

and adjudicate the present suit.

(16) That to the knowledge of the plaintiff, the

defendant has no defence in the suit.

(17) That the plaintiff has not claimed any relief in this

suit which does not fall within the purview of the provisions of

Order XXXVII of the Code of Civil Procedure, 1908, as such

the present suit is to be treated as a summary suit.

 PRAYER

In light of the aforesaid facts and circumstances, it is most

respectfully prayed that this Hon’ble Court may graciously be

pleased to:

(a) try the present suit as a summary suit under

Order XXXVII of the Code of Civil Procedure, 1908

and to issue the summon to the Defendant in

Form 4 in Appendix B of the Code of Civil

Procedure as required by Order XXXVII Rule (2) of

the Code of Civil Procedure, 1908;

(b) pass a decree for a sum of Rs.15,40,000/- (Rupees

Fifteen Lacs and Forty Thousand Only) alongwith

pendentelite and future interest @ 18% p.a. from

the date of filing of the present suit till the actual

date of repayment by the Defendant, in favour of

the Plaintiff and against the Defendant;

(c) allow the costs of the suit to the Plaintiff; and

 (d) pass any other or further relief(s) which this

Hon’ble Court may deem fit and appropriate under

the circumstances in favour of the Plaintiff and

against the Defendant.

PLAINTIFF

Through
Place: Delhi.
Dated: 26.03.2019
SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
5/25A, LGF, JANGPURA –B,
NEW DELHI - 110014

VERIFICATION:

Verified at New Delhi on this 26 th day of March, 2019 that the

contents of paras 1 to 11 are correct as per my own

knowledge, and the contents of paras 12 to 17 are correct as

per the information received and believed to be correct.

PLAINTIFF
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.

Sh. Anil Kumar Gupta … Defendant

AFFIDAVIT

I, Anil Kumar, S/o Shri Shyam Sunder, R/o D-97, First Floor,
Freedom Fighter Colony, Neb Sarai, New Delhi 110068, aged
about ____ years, do hereby solemnly affirm and declare as
under:

1. I say that I am the Plaintiff in the aforesaid suit, am

conversant with the facts of the present case and as
such I am competent to swear this affidavit.

2. I say that I have gone through the contents of the

accompanying plaint, which has been drafted by my
counsel at my instructions, and the contents of the
same are correct.

3. I say that the contents of the accompanying plaint may

be read as part of this affidavit as well, as those are not
being repeated herein for the sake of brevity and to
avoid repetition.
4. I say that this is my true and correct statement.

DEPONENT

VERIFICATION:

Verified at New Delhi on this the ___ day of March, 2019 that

the contents of the aforesaid affidavit are true and correct to

my knowledge, no part of it is false and nothing material has

been concealed therefrom.

DEPONENT
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.
Sh. Anil Kumar Gupta … Defendant

MEMO OF PARTIES

Shri Anil Kumar

S/o Shri Shyam Sunder
R/o D-97, First Floor,
Freedom Fighter Colony,
Neb Sarai,
New Delhi 110068 … Plaintiff

Versus

Shri Anil Kumar Gupta

R/o C-720, New Friends Colony,
New Delhi

Also At:

C/o Nathu Sweets

19, Community Centre,
New Friends Colony,
New Delhi … Defendant

PLAINTIFF
Through
Place: Delhi.
Dated: 26.03.2019 SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
5/25A, LGF, JANGPURA –B,
NEW DELHI - 110014
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.
Sh. Anil Kumar Gupta … Defendant

ADDRESS FORM

Shri Anil Kumar

S/o Shri Shyam Sunder
R/o D-97, First Floor,
Freedom Fighter Colony,
Neb Sarai,
New Delhi 110068 … Plaintiff

Versus

Shri Anil Kumar Gupta

R/o C-720, New Friends Colony,
New Delhi

Also At:

C/o Nathu Sweets

19, Community Centre,
New Friends Colony,
New Delhi … Defendant

PLAINTIFF

Through
Place: Delhi.
Dated: 26.03.2019 SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
5/25A, LGF, JANGPURA –B,
NEW DELHI - 110014
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.

Sh. Anil Kumar Gupta … Defendant

INDEX

S.NO. PARTICULARS PAGE

NO.

1. Court fees

2. Memo of Parties

3. Address Form

4. Suit for Recovery of Rs.15,40,000/-

(Rupees Fifteen Lacs and Forty Thousand
Only) under Order XXXVII of Code of
Civil Procedure, 1908, along with
affidavit.

5. List of Documents

6. Original 4 cheques for Rs.2,50,000/-

each issued by the defendant in favour of
the plaintiff
7. List of Reliance

8. Vakalatnama.
 PLAINTIFF

Through
Place: Delhi.
Dated: 26.03.2019
SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
5/25A, LGF, JANGPURA –B,
NEW DELHI - 110014
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.

Sh. Anil Kumar Gupta … Defendant

LIST OF DOCUMENTS ON BEHALF OF THE PLAINTIFF

S.NO. PARTICULARS PAGE

NO.
Original cheque No.142995 dated
1. 29.03.2016 for Rs.2,50,000/-

Original Cheque No.142996 dated

2. 31.03.2016 for Rs.2,50,000/-

Original Cheque No.142997 dated

3. 28.03.2016 for Rs.2,50,000/-

Original Cheque No.142998 dated

4. 28.03.2016 for Rs.2,50,000/-

5. Any other document with the permission

of this Hon'ble Court

PLAINTIFF

Through
Place: Delhi.
Dated: 26.03.2019
SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,

1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.

Sh. Anil Kumar Gupta … Defendant

LIST OF RELIANCE

ORIGINAL/ COPIES/ PHOTOCOPIES OF THE FOLLOWING

DOCUMENTS

(1) Documents relating to the suit and mentioned in the

plaint;

(2) Any other documentary/ oral evidence which may be

necessary to prove the case of the plaintiff;

(3) The plaintiff reserves his right to file other/ additional

list of documents and reliance later, if, found necessary
with the permission of this Hon’ble Court.

PLAINTIFF

Through
Place: Delhi.
Dated: 26.03.2019
SHALABH GUPTA & ASSO.
ADVOCATES & CONSULTANTS
 IN THE COURT OF LD. DISTRICT JUDGE, SOUTH EAST DISTRICT, SAKET
COURTS, NEW DELHI.

SUIT NO. ____________ OF 2019

(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Sh. Anil Kumar … Plaintiff

Vs.
Sh. Anil Kumar Gupta … Defendant

KNOW ALL to whom these present shall come that I, Anil Kumar, S/o Shri Shyam Sunder, R/o
D-97, First Floor, Freedom Fighter Colony, Neb Sarai, New Delhi 110068, the above named
Plaintiff, do hereby appoint:
(SHALABH GUPTA & CO.)
Advocates & Consultants
5/25A, LGF, Jangpura-B, New Delhi - 110014
011-41833090
herein after called the advocate/s) to be my/our Advocate in the above noted case authorise them:-
1. To act, appear and plead in the above-noted case in this Court or in any other Court in which
the same may be tried or heard and also in the appellate Court including High Court subject to
payment of fees separately for each Court by me/us.
2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions
review revision, withdrawal, compromise or other petitions or affidavits or other documents as may
be deemed necessary or proper for the prosecution of the said case in all its stages subject to
payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any differences or disputes
that may arise touching or in any manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all
other acts and things which may be necessary to be done for the progress and in the course of the
prosecution of the said case.
7. To appoint and instruct any other Legal Practitioner authorising him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the
power of attorney on our behalf. In case, if the client has engaged any other counsel to represent
him/her before the above court previously, the responsibility of informing and to seek NOC and for
compliance of other formalities for discharge of Vakalatnama of the previous counsel shall be
solely that of client and the undersigned counsel shall have no responsibility for the same as the
client assures the counsel of necessary compliance.
8. And I/We the undersigned do hereby agree to rectify and confirm all acts done by the Advocate
or his substitute in the matter as my/our own acts, as if done by me/us to all intents and proposes.
9. And I/We undertake that I/We or my/our duly authorised agent would appear in Court on all
hearings and will inform the Advocate for appearance when the case is called.
10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute
responsible for the result of the said case.
11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall
receive and retain for himself.
12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee
agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from
the prosecution of the said case until the same is paid up. The fee settled is only for the above case
and above Court. I/we hereby agree that once fee is paid, I/We will not be entitled for the refund
of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee
shall be paid again by me/us.

IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of
which have been understood by me/us on this 26th day of March, 2019.
Accepted subject to the terms of the fees.

Advocate Client