Commercial Suit Format for Recovery of Money under the Commercial Courts Act and CPC

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ____ OF 20__

IN THE MATTER OF:

______________________________   ...PLAINTIFF

VERSUS

______________________________   ...DEFENDANT

INDEX

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ____ OF 20__

MEMO OF PARTIES

______________________________
[Full name / entity name]
[Constitution / description, if applicable]
[Registered office / principal place of business / address]
[Email and other details required by local filing rules]
...PLAINTIFF

VERSUS

______________________________
[Full name / entity name]
[Constitution / description, if applicable]
[Registered office / principal place of business / address]
[Email and other details required by local filing rules]
...DEFENDANT

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ____ OF 20__

IN THE MATTER OF:
______________________________   ...PLAINTIFF

VERSUS
______________________________   ...DEFENDANT

SUIT FOR RECOVERY OF ₹__________ (RUPEES __________________ ONLY) TOGETHER WITH INTEREST AND COSTS

MOST RESPECTFULLY SHOWETH:

1. Particulars and competence of Plaintiff: The Plaintiff is ______________________________. The present plaint is signed, verified and instituted by __________________, who is duly authorised and fully conversant with the facts and records of the case. The document establishing authority, where required, is filed with the plaint.
2. Particulars of Defendant: The Defendant is ______________________________, having its registered office / principal place of business / address at ______________________________ and is liable to be sued at the address stated in the Memo of Parties.
3. Commercial relationship: The Plaintiff and Defendant entered into a commercial transaction / contract / supply arrangement / service arrangement dated __________ concerning ______________________________. A copy of the relevant agreement / purchase order / work order / correspondence is filed as Document No. ___.
4. Performance by Plaintiff: In performance of its obligations, the Plaintiff supplied goods / rendered services / advanced money / completed contractual obligations on __________________. The relevant invoices, delivery records, work-completion records, bank records and correspondence are filed with the plaint.
5. Amount due: Against the aforesaid transactions, a sum of ₹__________ became due and payable by the Defendant on __________. The Plaintiff's statement of account / ledger / invoice-wise calculation showing the outstanding amount is filed as Document No. ___.
6. Default: Despite the agreed due date and repeated demands, the Defendant failed to pay the outstanding amount. The Plaintiff relies upon emails / letters / messages / acknowledgments dated __________, copies of which are filed with the plaint.
7. Legal demand: The Plaintiff issued a demand / legal notice dated __________ calling upon the Defendant to pay ₹__________ together with applicable interest. The notice and proof of service / delivery are filed as Document Nos. ___ and ___.
8. Interest: The Plaintiff claims interest at ___% per annum from __________ to __________ on the basis of the contract / invoice terms / usage having the force of law / Section 34 CPC, as applicable. The interest claimed up to the date of filing is ₹__________. The Plaintiff further claims pendente lite and future interest at such rate as this Hon'ble Court considers lawful and appropriate.
9. Commercial dispute and Specified Value: The dispute arises out of ______________________________ and constitutes a commercial dispute within Section 2(1)(c) of the Commercial Courts Act, 2015. The Specified Value of the subject matter is ₹__________, calculated in accordance with the Act, and is within the pecuniary jurisdiction of this Hon'ble Court.
10. Pre-institution mediation under Section 12A: As the suit does not contemplate urgent interim relief, the Plaintiff initiated pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 before the competent Legal Services Authority / authorised authority on __________. The process resulted in a non-starter / non-settlement report dated __________, which is filed with the plaint.
11. Alternative paragraph where genuine urgent interim relief is sought: Where applicable, replace the preceding paragraph with specific facts showing why urgent interim relief is genuinely contemplated and identify the interim application and relief sought. The Plaintiff shall plead the urgency on concrete facts rather than merely reproducing the statutory phrase.
12. Cause of action: The cause of action first arose on __________ when __________________. It further arose on __________ when payment became due, on __________ when the Defendant acknowledged / denied liability, on __________ when the legal notice was served, and on __________ when the Defendant failed to comply. The suit is filed within the prescribed period of limitation.
13. Territorial jurisdiction: This Hon'ble Court has territorial jurisdiction because ______________________________ [state the material jurisdictional facts, such as where the contract was made, goods were supplied, payment was agreed to be made, the Defendant carries on business, or other legally relevant facts].
14. Pecuniary jurisdiction: The value of the suit / Specified Value is ₹__________, which falls within the pecuniary jurisdiction of this Hon'ble Court.
15. Valuation and court fee: The suit is valued at ₹__________ for the purposes of jurisdiction and court fee. Court fee of ₹__________ is being paid / affixed in accordance with the law applicable to this Court, subject to any further direction of the Court.
16. Disclosure of documents: The Plaintiff has disclosed the documents in its power, possession, control or custody relating to the facts in issue in accordance with the CPC provisions applicable to commercial disputes. The list and disclosure of documents are filed separately.
17. No suppression: The Plaintiff states that the material facts relied upon for the relief claimed have been disclosed and that no material fact known to the Plaintiff has been deliberately suppressed.

PRAYER

In the above circumstances, the Plaintiff respectfully prays that this Hon'ble Court may be pleased to:

1. pass a decree in favour of the Plaintiff and against the Defendant for ₹__________ (Rupees __________________ only);
2. award pre-suit interest of ₹__________ / interest at ___% per annum for the legally permissible period;
3. award pendente lite and future interest under Section 34 CPC at such rate as this Hon'ble Court considers lawful and appropriate;
4. award costs of the suit in favour of the Plaintiff; and
5. pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

VERIFICATION

I, ______________________________, the Plaintiff / authorised representative of the Plaintiff, verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on records maintained in the ordinary course and believed to be true, and paragraphs ___ to ___ contain legal submissions based on advice received and believed to be correct. The prayer is made to this Hon'ble Court.

Verified at __________ on this ___ day of __________, 20__.

PLAINTIFF / AUTHORISED REPRESENTATIVE

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ____ OF 20__

STATEMENT OF TRUTH

Under Order VI Rule 15A CPC as applicable to commercial disputes

I, ______________________________, son / daughter / wife of __________________, aged about ___ years, residing at ______________________________, being the Plaintiff / authorised representative of the Plaintiff, state as follows:

1. I am the Plaintiff / duly authorised representative of the Plaintiff and am competent to make this Statement of Truth.
2. I am sufficiently conversant with the facts of the case on the basis of personal knowledge and / or records maintained by the Plaintiff in the ordinary course.
3. I have read and understood the accompanying plaint. The statements made therein are true and correct to my knowledge, information and belief as specifically indicated in the pleadings.
4. I have examined the relevant documents and records relating to the dispute and have disclosed the documents required to be disclosed in accordance with law.
5. To the best of my knowledge, there is no false statement or deliberate concealment of a material fact in the pleadings.
6. The documents filed with the plaint are originals, copies or electronic records as described in the accompanying list of documents.
7. I understand that a false statement or concealment may attract consequences under the law in force.

VERIFICATION

I verify that the statements made above are true and correct to my knowledge and belief and that nothing material has been deliberately concealed.

Verified at __________ on this ___ day of __________, 20__.

DEPONENT

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ____ OF 20__

LIST OF DOCUMENTS ON BEHALF OF THE PLAINTIFF