Commercial Suit Format under Commercial Courts Act and CPC

Details of Parties to Documents

Documents in power/possession, control/ custody of;

Original or Photocopy or office copy.

Mode of Execution / issuance if receipt.

Line of Custody

Format of Commercial Suit to be filed under Commercial Courts Act and Civil Procedure Code for Recovery of Money.

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

PS: ____________________

INDEX

S. No	Particulars	Court Fee	Pages
1.	Court Fee		A
2.	Memo of Parties
3.	Plaint
4.	Statement of Truth
5.	Vakalatnama

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

MEMO OF PARTIES

___________________________________

___________________________________ ...PLAINTIFF

VERSUS

___________________________________

___________________________________ ...DEFENDANT

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

SUIT FOR RECOVERY OF Rs._____________/- (RUPEES______________ ONLY) AS ON DATE, WITH COST, EXPENSES, PENDENTE LITE AND FUTURE INTEREST @ __% PER ANNUM TILL REALISATION.

MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is a Law abiding citizen of India residing at the aforementioned address described in Memo of Parties above . The Plaintiff has signed and verified the present plaint and has instituted the present suit as he is fully conversant with the facts and circumstances of the present suit on the basis of personal knowledge, records maintained by the Plaintiff and therefore, competent to depose about the correctness thereof. The copy of the Adhaar Card of the Plaintiff is annexed herewith as Annexure - A.

2. That Defendant, _______________Private Limited, is a Company incorporated under the Companies Act., 1956, having its office at _____________________ ______________ ___________. acted / represented through its Managing Director & Authorized Signatory of the Company _____________ ________ India Private Limited.

3. That Mr. ______________ ___________ being the Managing Director of the Defendant Company is responsible for the day to day affairs of the company.

4. That in the year 20__, the Managing Director of the Defendant Company, Mr. ______________ __________ have approached to Plaintiff for the purposes of Marketing for Business of the Defendant Company's product / schemes and approached Plaintiff that the Defendant Company have launched various schemes for the investments / membership and assured that these schemes will fetch attractive profits and incentives and also expensive gifts including foreign tours etc.

5. That believing upon the assurances and promises of Mr. __________ _______, the MD of Defendant Company, the Plaintiff joined the schemes of the Defendant Company and invested huge money of Rs. ________ /- (Rupees ______________ ____________) through his Bank transfer in the Defendant Company's accounts. Besides above, the Plaintiff also invested / paid in cash installments and the same are also lying with Defendant Company and the Defendant Company did not refund the same to Plaintiff till now thus the Defendant Company is liable to refund the same to the Plaintiff herein.

6. That Plaintiff states that suddenly in 20__, the Defendant closed the aforesaid business and all the money of the members including Plaintiff were lost and usurp by the Defendant for their personal gains. The Defendant further cheated them and enjoyed their money and did not give any details of the same to the members and those members are still running pillar to post yet the Defendant did not refund the money of the such large number of members.

7. That the Plaintiff contacted many times for refund of his money as well a legal notice dated __th July, 20__ issued through his counsel ____________ __________, the Plaintiff thereby called upon the Defendants to pay the amount due to Plaintiff;

8. That the Plaintiff states that despite various request as well as the Legal Notice dated __th ____, 20__, the Defendant Company failed to comply the Legal Notice and the demanded the due amount as mentioned therein, however, the defendant also failed to refund the amount of the Plaintiff amounting to Rs. _____________/-(Rupees _________ _ ) along with interest @ __% per annum till date due to their malafide intentions to usurp the amount of the Plaintiff.

9. That accordingly, the Defendants are liable to pay a sum of the Rs. _____________/-(Rupees _________ _ ) as on date beside the amount to be calculated after the Defendants provide in the Documents / Details / information as demanded in the Legal Notice dated __th ____, 20__ as well as in para 8 above. The Defendant are also liable for pendent lite interest @ __% per annum till its realization, cost of the suit and expenses incurred by the Plaintiff.

10. That as the issue involved in the present case falls within the category of a commercial Dispute under section 2 of the Commercial Courts Act., 2015, and filed an application Pre Institution Litigation under section 12 A of Commercial Courts Act on __.__.20__ before the West District Delhi District Legal Services Authority (WDDLSA) , however, despite receiving the notice the Defendant chosen not to appear in the aforesaid litigation and Non Starter Report was passed on __.__.20__, The true copy of the said Non Starter Report provided to the Plaintiff and the Plaintiff compelled to filed the present suit before this Hon'ble Court, Hence the present suit being filed.

11. That the cause of action firstly arose in 20__ when the Defendant through its Managing Director Mr. ___________ ____ approached the Plaintiff for the purposes of Business of its Company's product. The cause of action further arose on various dates _____,____,____ and ___when the Defendant Company taken money from the Plaintiff and investments total amounting to Rs. ________/- . The cause of action also arose when suddenly in 20__ the Defendant Company closed the aforesaid business and usurp the money of the Plaintiff. The cause of action also arose on various dates when the Plaintiff demanded his money. The cause of action further arose on __th ____, 20__ when the Plaintiff through his counsel issued legal notice dated __th ____, 20__ and demanded his due money / amount as well various details, documents and information within a period of 15 days from the date of receipt of legal notice dated __th ____, 20__. The cause of arose on __th _____, 20__ when in spite of receipt of the Legal Notice dated __th ____, 20__, the Defendant Company neither replied to the said Legal Notice dated __th ____, 20__ nor paid the outstanding amount / money of the Plaintiff deliberately. The cause of action is continuing as the defendant has till date not paid to the Plaintiff the due outstanding amount along with interest and other cost as well as the details, document and information demanded by the Plaintiff.

12. That the Managing Director of the Defendant Company having his office of the Company at the aforesaid address _____________ _____________ ________ and work for gain, hence, this Hon'ble Court has territorial jurisdiction to entertain the present suit.

13. That the value of the present for the purpose of the court fee and jurisdiction Rs. ___________/- (Rupees ____________ ________ Only ) on which the prescribed ad valorem court fee of Rs. _______/- (Rupees _________) is being affixed. The Plaintiff further undertakes to pay further court fee, if this Hon'ble Court direct or pass any order in case any further amount / claim is allowed by this Hon'ble Court.

14. That the present suit of the Plaintiff is a bonafide case of the Plaintiff.

PRAYERS
In view of the above it is most respectfully prayed that his Hon'ble Court may graciously be please to:-

i) Pass a money decree in favour of the Plaintiff and against the Defendant for Rs. _____________/- (Rupees _________ ______________ only) along with pendent lite and future interest @ 18% per annum till payment and / or realization;

ii) Grant legal and other costs of the present Suit against the Defendant and in favour of the Plaintiff; and

iii) Pass any other and further order(s) as this Hon'ble Court may deem fit and proper in the present case in favour of the Plaintiff and against the Defendant.

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________

VERIFICATION:-
Verified at Delhi on this ___Day of the _______, 20__ that the contents of paragraph no. 1 to ____are true to the best of my knowledge and based on the records of the Plaintiff and paragraph no. _______ to _____ are true and correct based on the information received and believe to be true and correct. The last paragraph is prayer to this Hon'ble Court.

PLAINTIFF

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

STATEMENT OF TRUTH

(Under 1st Schedule, Order VI Rule 15 A and Order XI Rule 3 CPC)

I, _____________ ________ S/o ______________ _______, aged about __ years, R/o ______________ __________ _______, do hereby solemnly affirm and declare as under;-

1. That I the deponent above named is Plaintiff in the present suit and hence competent to swear this affidavit.

2. That the accompanying Plaint has been drafted by my counsel under my instructions and the same have been read over to be in vernacular and the same have been fully understood by me. The content of the the accompanying plaint are true and correct to the best of my knowledge and belief.

3. That I am sufficiently conversant with the facts of the case based on my personal knowledge and the records maintained by me and I have also examined all relevant documents and records maintained by me in due course of dealing / business in relation thereto.

4. I say that there is no false statement or concealment of any material facts, documents or records and I have included information that is according to me is relevant for the present suit.

5. I say that all documents which are in my power, possession, control or custody, pertaining to the facts and circumstance of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any other documents in my power, possession, control or custody in respect of the present case.

6. I say that the above mentioned pleadings comprise of total of ___pages, each of which has been duly signed by me.

7. I say that the Annexures / Documents hereto are the original / true copies of the documents referred to and relied upon by me.

8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force.

DEPONENT

VERIFICATION:
I, the deponent above named , do hereby declare that the statements made above are true and correct to best of my knowledge and belief, no part of it is false and nothing material has been concealed there from.
Verified at Delhi on this ______day of _________, 2022.

DEPONENT

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

LIST OF DOCUMENTS ON BEHALF OF THE PLAINTIFF

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________