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IN THE COURT OF CIVIL JUDGE, SAKET COURTS,

NEW DELHI.
SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF :STARLIT POWER SYSTEMS LTD.
Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
Smt. SAMITA SAHARMA
PROP, OF TRIVENI TRADERS,
House NO. 203K,
Delhi Gate, Pashchimi - 1,
Tehsil Shamli, District Prabudh Nagar,
Uttar Pradesh 247776

Defendant

SUMMARY SUIT FOR RECOVERY OF RS. 1,87,422/- (RUPEES One

Lakh Eighty seven Thousand four Hundred Twenty Two


Only) ALONG WITH ACCRUED PENDENTE LITE AND FUTURE
INTEREST AT 18% P.A.
Ad- valorem court fees of Rs. 4198.60/- has been affixed

MOST RESPECTFULLY SHOWETH:


1.

That the present suit has been filed by the Plaintiff for recovering

its dues from Defendant/s arising from supply of goods on invoices,


written agreement as well as for recovery of suit amount/ amount stated
on dishonoured cheque issued by the defendant/s for discharge of her
lawful liability.
2.

That the Plaintiff company is incorporated under the Companies

Act, 1956, and into the business of recycling, refining, manufacturing,


trade, import & export of Lead based products including recycling old
lead acid batteries, lead scrap. Mr. Kamaljeet Singh Jaswal, Director,

CFO is authorised and competent to inter-alia sign, institute, present and


prosecute the present complaint for and on behalf of the Plaintiff vide
Board Resolution dated 24.12.15.
3.

That

the

Defendant

is

battery

dealer

having

TIN

no.

09673203143C operating in the name and style of M/s Triveni Traders


from Krishna nagar as well as from Saharanpur (b)/ Shamli Sector 2 .
4.

That in June of 2014 Defendant approached the plaintiffs officers

and presented a very rosy about its battery sales/business and requested
the Plaintiffs officers/directors to supply batteries to them. Defendant
represented itself to be responsible organization which honors its
purchase commitments by making timely payments. The defendant filled
up a distributor/dealer appointment form thereby expressly assured the
plaintiff that it would make advance payments promptly or maximum
within 21 days of supply of material by the Plaintiff.
5.

That believing upon the defendants representation the Plaintiffs

officers/ Directors got influenced and acceded to their requests by


agreeing to supply products to her.
6.

That

after

the

aforesaid

undertaking,

the

plaintiff

supplied/delivered goods vide following invoices: Invoice No.s

Date

UP1/2014-15/119

19 Feb 2015

48,838/-

UP1/2014-15/122

20 Feb 2015

74,216/

UP1/2014-15/136

13 Mar 2015

65,629/

7.

Amount

That the defendant never reported any defects in the goods

supplied to her nor returned back any goods.


8.

That initially the Defendant issued regular cheques to inter-alia

show her resolve in making agreed timely payments. Defendant ensured


that her bank honoured her cheques so she could gain confidence of
Plaintiff. Defendant after gauging that Plaintiffs confidence in her had

increased

became

very

casual

in

making

payments/issuing

cheques/encashment of her cheques.


9.

That Defendant in part discharge its liabilities issued a cheque

dated 24th June, 2016 bearing no. 562903 drawn on Punjab & Sind
Bank, Main Panipat Road, Shamli, District Muzaffarnagar, UP for Rupees
1,87,422/ (RUPEES One Lakh Eighty seven Thousand four Hundred
Twenty Two Only) The aforesaid cheque was presented for encashment on
designated day with the plaintiffs bankers i.e. Icici Bank Ltd., having
address as A1/15, Safdarjung Enclave, New Delhi - 29 . But to the utter
dismay of plaintiffs officers, the aforesaid cheque was dishonoured and
returned to the plaintiff with remarks funds insufficient vide cheque
returning memo dated 29.06.16.
10.

That the officers of the plaintiff repeatedly requested the defendant

to clear her dues however the Defendant did not pay any heed. To get the
aforesaid cheques/invoice dues cleared, the Plaintiffs officers were made
to run from pillar to post as they were forced to follow up for payments
repeatedly and every time Defendant promised to make the entire
payment along with 18% interest within a short period of time. Had
Plaintiff known that Defendant/s had no intentions to make timely
payments/no payments, Plaintiff would not have transacted with
Defendant or accepted the said cheque in discharge of part of her debts
and liabilities towards Plaintiff.
11.

That looking at unethical conduct of the Defendant/s the Plaintiff,

through their lawyer, sent a legal notice dated 12.07.16 to the


Defendant/s thereby calling upon the Defendant/s to clear her dues
within 15 days from the receipt of the said notice. Through the said
notice, the Defendant/s was fore-warned that in the event of their failure
to make the payment of the amount of the dishonored cheque of Rs.
1,87,422/- to the Plaintiff within the stipulated period, the Defendant/s
would commit an offence punishable under Section 138 r/w sec. 141 of
the Negotiable Instruments Act, 1881 as amended upto date, and in that
case the Plaintiff would be left with no alternative but to file legal
proceedings against the Defendant/s at their costs and risks. The legal

notices posted through registered post have not been received back by the
Plaintiff, and as such it can be presumed to have be served as per section
27 of the General Clauses Act.
12.

That despite due service of aforesaid notice, the defendant

preferred to remain defiant and did not pay her legitimate dues. The
defendant also did not prefer to reply to the aforesaid notice.
13.

That the transactions between the parties are purely commercial in

nature and the nonpayment of dues has caused great losses to the
Plaintiff. The pending dues has blocked Plaintiffs working capital. The
Plaintiff has taken loans for financing its working capital requirements
and has been paying interest on blocked funds. The Plaintiffs officers
have been desperately running from pillar to post to secure their
payments while Defendant has mocked at their desperation. The
Defendant/s are therefore liable to pay its dues along with an agreed
interest thereon @ 18% till the date of actual payment interalia as per
mandate of Section 80 of Negotiable Instruments Act, 1881. Therefore,
the plaintiff is entitled to claim accrued, pendent lite and future interest
at the rate of 18% on due amounts w.e.f 21 days of last bill till date of
final payment.
14.

That in addition Defendant/s are liable to pay litigation costs along

with court fee paid by Plaintiff interalia due to the fact that Plaintiff has
been forced to litigate and increase its woes.
15.

That the present suit is within limitation of time as prescribed

under the Limitation Act. The last invoice bearing no. UP1/2014-15/136
for Rs. 65,629/ was issued on dated 13th Mar 2015. The last cheque
bearing no. 562903 drawn on Punjab & Sind Bank, Main Panipa Road,
Shamli, District Muzaffarnagar, UP. For Rs. 1,87,422/ (RUPEES One
Lakh Eighty seven Thousand four Hundred Twenty Two Only) was issued
by the defendant on 24.06.16. The Plaintiff, through their lawyer, sent a
legal notice dated 12.07.16 to the Defendant/s thereby calling upon the
Defendant/s to clear its dues within 15 days from the receipt of the said
notice.

16.

That the cause of action for filing the present suit arose when the

Defendant/s failed to honor the agreement with Plaintiff about paying up


for its purchases immediately or in advance or maximum within 21 days
of purchase. The cause of action for filing the present case arose on every
occasion when the Defendant/s were called upon to pay for their
purchases and they failed to pay. The cause of action for filing the present
suit arose when Defendant in part discharge its liabilities issued a
cheque dated 24.06.16 as already mentioned above. The aforesaid cheque
was presented for encashment on designated day with the plaintiffs
bankers i.e. Icici Bank Ltd., having address as A1/15, Safdarjung
Enclave, New Delhi - 29 and the same was returned to the plaintiff with
remarks funds insufficient vide cheque returning memo dated 29.06.16.
The cause of action arose when despite service of legal notice dated
12.07.16 upon defendant, she failed to act and pay the dues. The cause
of action is continuing as despite vehement requests the Defendant/s
have failed to clear her upto dues i.e. principle with accrued interest.
17.

That the value of the present suit for the purposes of court fees

and jurisdiction has been fixed at Rupees 1,87,422/ (RUPEES One Lakh
Eighty seven Thousand four Hundred Twenty Two Only)

on which ad-

valorem court fees of Rs. 4198.60/-has been affixed. Therefore, this


Honble Court has competent pecuniary jurisdiction to entertain this
case.

18.

That this Honble Court has the competent territorial jurisdiction to

entertain and try the present complaint as the Defendant/s had all
meetings with the Plaintiff at New Delhi office of the Defendant, and all
the deals in general and the present transactions in particular for which
the cheque in question was given to the Plaintiff have been finalized in
Delhi office of the Plaintiff/Defendant. The contract with the Defendant/s
in order to supply her the products of the Plaintiff was also finalized in
Delhi. All the cheques were handed over to the Plaintiff by the
Defendant/s at Delhi. The cheque for encashment was also deposited in
Delhi and the information about dishonor of cheque was also received
from Plaintiffs bank at New Delhi. The Legal Notice to the Defendant/s

was sent from Delhi requiring the Defendant/s to make good the payment
to the Plaintiff. Therefore, this Honble Court has the proper jurisdiction
to try the present case. The Defendant/s has placed the order for supply
of goods at Delhi. The entire cause of action in the present complaint has
arisen in Delhi. Therefore, this Honble Court has jurisdiction to try and
adjudicate the present suit.
19.

That as per the knowledge of the Plaintiff, the Defendant/s have no

defense in the present suit.


20.

That no relief which cannot be claimed under order XXXVII of Code

of Civil Procedure, 1908 has been claimed in the instant suit.


PRAYER

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


prayed that this Honble Court may graciously be pleased to:

a)

Adjudicate the present suit under order XXXVII of Code of Civil

Procedure, 1908;

b)

Pass a decree for a sum of Rs.1,87,422/ (RUPEES One Lakh

Eighty seven Thousand four Hundred Twenty Two Only).

c)

Pass a decree of accrued, pendent lite and future interest @ 18%

p.a. on Rs. 1,87,422/ (RUPEES One Lakh Eighty seven Thousand four
Hundred Twenty Two Only) w.e.f. 03th april, 2015 (21 days from the
invoice date of last consignment i.e. 13th MAR, 2015) till the actual date of
payment in favour of the Plaintiff and against the Defendant/s;

d)

Pass appropriate orders awarding costs/expenses of the

suit in favour of Plaintiff.

e)

Pass any other order/s in favour of Plaintiff and against

Defendant.
PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

VERIFICATION:
th
Verified at Delhi on this
February, 2016 that the contents of
para 1 to 18 of the plaint are true and correct to my knowledge.
And those of para 19 to 20 are true on information and advice
receive and believed to be true. Last para is prayer to this Honble
Court.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
Smt. Samita Sharma

AFFIDAVIT
I, Kamaljeet Singh Jaswal aged about 34 years S/o Late Shri
Paramjit Singh R/o B-10/236, First Floor, Amrit Puri, East of
Kailash, New Delhi - 65, do hereby solemnly affirm and declare as
under:
1.

I say that I am the Director/CFO as well as Authorised vide

Board resolution dated 24th December, 2015 to institute the


aforesaid suit and am well 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 the counsel for the
Plaintiff at my instructions, 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.

VERIFICATION:
Verified at New Delhi on this the

DEPONENT
th

day of February, 2016 that

the contents of the aforesaid affidavit are true and correct to my


knowledge and information derived from records maintained in the

usual course of business by the Plaintiff. No part of it is false and


nothing material has been concealed therefrom.
DEPONENT

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF
VERSUS
Smt. SAMITA AHARMA

DEFENDANT
LIST OF DOCUMENTS WITH DOCUMENTS
S. NO.
1.

Original

DOCUMENT PARTICULARS
distributor/dealer appointment

PAGE NO.
form

along with self-attested Pan card and Aadhar card


duly

signed

and

stamped

by

the

2.

proprietor/Defendant.
Original office copy of invoices issued to the

3.

defendant
Original cheque for cheque bearing no. 562903
drawn on Punjab & Sind Bank, Main Panipa
Road, Shamli, District Muzaffarnagar, UP. for
Rupees 1,87,422/ (RUPEES One Lakh Eighty
seven Thousand four Hundred Twenty Two Only)
along with the cheque bouncing endorsement
along with the cheque returning memo issued by
plaintiffs bank i.e. Icici Bank Ltd., having address

4.

as A1/15, Safdarjung Enclave, New Delhi 29


Office copy of legal notice dated 12 July 2016

5.

issued on behalf of plaintiff by the advocate.


True copy of board resolution dated 24 December

6.

2015.
Any other document with the permission of
Honble Court.

PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE


New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS

SMT. SAMITA AHARMA

MEMO OF PARTIES

STARLIT POWER SYSTEMS LTD.


Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
SMT. SAMITA AHARMA
PROP, OF TRIVENI TRADERS
House NO. 203K,
Delhi Gate, Pashchimi - 1,
Tehsil Shamli, District Prabudh Nagar,
Uttar Pradesh 247776

Defendant

PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE


New Delhi

Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
Smt. Samita Sharma

ADDRESS FORM

STARLIT POWER SYSTEMS LTD.

Through its Authorised Representative/POA,


A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus

Smt. Samita Sharma

PROP . OF Triveni Traders,


House NO. 203K,
Delhi Gate, Pashchimi - 1,
Tehsil Shamli, District Prabudh Nagar,
Uttar Pradesh 247776

Defendant

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
Smt. SAMITA AHARMA

INDEX
S. No.

Particulars

1.

Court fees.

2.

Memo of Parties.

3.

Address Form.

4.

Summary suit for recovery of Rs.


1,87,422/ (RUPEES One Lakh Eighty
seven Thousand four Hundred Twenty
Two Only) along with accrued pendente
lite and future interest at 18% p.a.

5.

List of Documents with Documents.

7.

List of Reliance

8.

Vakalatnama.

Page No.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
Through
Place: Delhi.
Dated:

JATIN DHAWAN, ADV

ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,
NEW DELHI 24.
M.No.:- 9810299918
Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
SMT. SAMITA AHARMA

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 reserve its right to file other/ additional list of

documents and reliance later, if, found necessary with the


permission of this Honble Court.

PLAINTIFF PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE

Through
Place: Delhi.
Dated:
JATIN DHAWAN, ADV
ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,
NEW DELHI 24.
M.No.:- 9810299918
Email:- jatin@advocarepartners.in
IN THE COURT OF CIVIL JUDGE, SAKET COURTS,
NEW DELHI.
SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF :-

STARLIT POWER SYSTEMS LTD.


Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
Smt. USHA DEVI
W/O BINESH KUMAR
PROP OF RAJ BATTERY
3/540,GURANA ROAD,
WARD NO.5 BADHPAT,
BARAUT, UTTAR PRADESH
PIN CODE - 250611

Defendant

SUMMARY SUIT FOR RECOVERY OF RS. 61,099/- (RUPEES SIXTY


ONE THOUSAND AND NINETY NINE Only) ALONG WITH ACCRUED
PENDENTE LITE AND FUTURE INTEREST AT 18% P.A.

Ad- valorem court fees of Rs. 2978.40/- has been affixed

MOST RESPECTFULLY SHOWETH:


1. That the present suit has been filed by the Plaintiff for recovering
its dues from Defendant/s arising from supply of goods on invoices,
written agreement as well as for recovery of suit amount/ amount
stated on dishonoured cheque issued by the defendant/s for
discharge of her lawful liability.
That the Plaintiff company is incorporated under the Companies Act,
1956, and into the business of recycling, refining, manufacturing, trade,
import & export of Lead based products including recycling old lead acid
batteries, lead scrap. Mr. Kamaljeet Singh Jaswal, Director, CFO is
authorised and competent to inter-alia sign, institute, present and
prosecute the present complaint for and on behalf of the Plaintiff vide
Board Resolution dated 24.12.15.
2.

That

the

Defendant

is

battery

dealer

having

TIN

no.

09378703330C operating in the name and style of M/s Raj Battery


from Saharanpur road as well as from Meerut.
3.

That in June of 2014 Defendant approached the plaintiffs officers

and presented a very rosy about its battery sales/business and requested
the Plaintiffs officers/directors to supply batteries to them. Defendant
represented itself to be responsible organization which honors its
purchase commitments by making timely payments. The defendant filled
up a distributor/dealer appointment form thereby expressly assured the
plaintiff that it would make advance payments promptly or maximum
within 21 days of supply of material by the Plaintiff.
4.

That believing upon the defendants representation the Plaintiffs

officers/ Directors got influenced and acceded to their requests by


agreeing to supply products to her.

5.

That

after

the

aforesaid

undertaking,

the

plaintiff

supplied/delivered goods vide following invoices: Invoice No.s

Date

UP1/2014-15/130

24 Feb 2015

58,605/-

UP1/2014-15/135

13 MAR 2015

46,659/

6.

Amount

That the defendant never reported any defects in the goods

supplied to her nor returned back any goods.


7.

That initially the Defendant issued regular cheques to inter-alia

show her resolve in making agreed timely payments. Defendant ensured


that her bank honoured her cheques so she could gain confidence of
Plaintiff. Defendant after gauging that Plaintiffs confidence in her had
increased

became

very

casual

in

making

payments/issuing

cheques/encashment of her cheques.


8.

That Defendant in part discharge its liabilities issued a cheque

dated 24th June, 2016 bearing no. 384165 drawn on Syndicate Bank, J.V
College, Baraut, 250611 for Rupees 61,099/ (RUPEES Sixty One
Thousand ninety nine Only) The aforesaid cheque was presented for
encashment on designated day with the plaintiffs bankers i.e. Icici Bank
Ltd., having address as A1/15, Safdarjung Enclave, New Delhi - 29 . But
to the utter dismay of plaintiffs officers, the aforesaid cheque was
dishonoured

and

returned

to

the

plaintiff

with

remarks

funds

insufficient vide cheque returning memo dated 29.06.16.


9.

That the officers of the plaintiff repeatedly requested the defendant

to clear her dues however the Defendant did not pay any heed. To get the
aforesaid cheques/invoice dues cleared, the Plaintiffs officers were made
to run from pillar to post as they were forced to follow up for payments
repeatedly and every time Defendant promised to make the entire
payment along with 18% interest within a short period of time. Had
Plaintiff known that Defendant/s had no intentions to make timely
payments/no payments, Plaintiff would not have transacted with
Defendant or accepted the said cheque in discharge of part of her debts
and liabilities towards Plaintiff.

10.

That looking at unethical conduct of the Defendant/s the Plaintiff,

through their lawyer, sent a legal notice dated 12.07.16 to the


Defendant/s thereby calling upon the Defendant/s to clear her dues
within 15 days from the receipt of the said notice. Through the said
notice, the Defendant/s was fore-warned that in the event of their failure
to make the payment of the amount of the dishonored cheque of Rs.
61,099/- to the Plaintiff within the stipulated period, the Defendant/s
would commit an offence punishable under Section 138 r/w sec. 141 of
the Negotiable Instruments Act, 1881 as amended upto date, and in that
case the Plaintiff would be left with no alternative but to file legal
proceedings against the Defendant/s at their costs and risks. The legal
notices posted through registered post have not been received back by the
Plaintiff, and as such it can be presumed to have be served as per section
27 of the General Clauses Act.
11.

That despite due service of aforesaid notice, the defendant

preferred to remain defiant and did not pay her legitimate dues. The
defendant also did not prefer to reply to the aforesaid notice.
12.

That the transactions between the parties are purely commercial in

nature and the nonpayment of dues has caused great losses to the
Plaintiff. The pending dues has blocked Plaintiffs working capital. The
Plaintiff has taken loans for financing its working capital requirements
and has been paying interest on blocked funds. The Plaintiffs officers
have been desperately running from pillar to post to secure their
payments while Defendant has mocked at their desperation. The
Defendant/s are therefore liable to pay its dues along with an agreed
interest thereon @ 18% till the date of actual payment interalia as per
mandate of Section 80 of Negotiable Instruments Act, 1881. Therefore,
the plaintiff is entitled to claim accrued, pendent lite and future interest
at the rate of 18% on due amounts w.e.f 21 days of last bill till date of
final payment.
13.

That in addition Defendant/s are liable to pay litigation costs along

with court fee paid by Plaintiff interalia due to the fact that Plaintiff has
been forced to litigate and increase its woes.

14.

That the present suit is within limitation of time as prescribed

under the Limitation Act. The last invoice bearing no. UP1/2014-15/135
for Rs. 46,659/ was issued on dated 13th Mar 2015. The last cheque
bearing no. 384165 drawn on Syndicate Bank. J.V Collage , Baraut 250611 for Rupees 61,099/ (RUPEES Sixty one Thousand and ninety
nine Only) was issued by the defendant on 24.06.16. The Plaintiff,
through their lawyer, sent a legal notice dated 12.07.16 to the
Defendant/s thereby calling upon the Defendant/s to clear its dues
within 15 days from the receipt of the said notice.
15.

That the cause of action for filing the present suit arose when the

Defendant/s failed to honor the agreement with Plaintiff about paying up


for its purchases immediately or in advance or maximum within 21 days
of purchase. The cause of action for filing the present case arose on every
occasion when the Defendant/s were called upon to pay for their
purchases and they failed to pay. The cause of action for filing the present
suit arose when Defendant in part discharge its liabilities issued a
cheque dated 24.06.16 as already mentioned above. The aforesaid cheque
was presented for encashment on designated day with the plaintiffs
bankers i.e. Icici Bank Ltd., having address as A1/15, Safdarjung
Enclave, New Delhi - 29 and the same was returned to the plaintiff with
remarks funds insufficient vide cheque returning memo dated 29.06.16.
The cause of action arose when despite service of legal notice dated
12.07.16 upon defendant, she failed to act and pay the dues. The cause
of action is continuing as despite vehement requests the Defendant/s
have failed to clear her upto dues i.e. principle with accrued interest.
16.

That the value of the present suit for the purposes of court fees

and jurisdiction has been fixed at Rupees 61,099/ (RUPEES Sixty one
Thousand and ninety nine Only) on which ad-valorem court fees of Rs.
2978.40/-has been affixed. Therefore, this Honble Court has competent
pecuniary jurisdiction to entertain this case.

17.

That this Honble Court has the competent territorial jurisdiction to

entertain and try the present complaint as the Defendant/s had all

meetings with the Plaintiff at New Delhi office of the Defendant, and all
the deals in general and the present transactions in particular for which
the cheque in question was given to the Plaintiff have been finalized in
Delhi office of the Plaintiff/Defendant. The contract with the Defendant/s
in order to supply her the products of the Plaintiff was also finalized in
Delhi. All the cheques were handed over to the Plaintiff by the
Defendant/s at Delhi. The cheque for encashment was also deposited in
Delhi and the information about dishonor of cheque was also received
from Plaintiffs bank at New Delhi. The Legal Notice to the Defendant/s
was sent from Delhi requiring the Defendant/s to make good the payment
to the Plaintiff. Therefore, this Honble Court has the proper jurisdiction
to try the present case. The Defendant/s has placed the order for supply
of goods at Delhi. The entire cause of action in the present complaint has
arisen in Delhi. Therefore, this Honble Court has jurisdiction to try and
adjudicate the present suit.
18.

That as per the knowledge of the Plaintiff, the Defendant/s have no

defense in the present suit.


19.

That no relief which cannot be claimed under order XXXVII of Code

of Civil Procedure, 1908 has been claimed in the instant suit.


PRAYER

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


prayed that this Honble Court may graciously be pleased to:
(a) Adjudicate the present suit under order XXXVII of Code of Civil
Procedure, 1908;
(b) Pass a decree for a sum of Rs. 61,099/ (RUPEES One Sixty one
Thousand and ninety nine Only
(c) Pass a decree of accrued, pendent lite and future interest @ 18% p.a.
on Rs. 61,099/ (RUPEES One Sixty one Thousand and ninety nine Only
w.e.f. 03th APRIL, 2015 (21 days from the invoice date of last consignment

i.e. 13th MAR, 2015) till the actual date of payment in favour of the
Plaintiff and against the Defendant/s;

(d) Pass appropriate orders awarding costs/expenses of the suit


in favour of Plaintiff.

(e) Pass any other order/s in favour of Plaintiff and against


Defendant.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through

Jatin Dhawan, Adv


Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in
VERIFICATION:
th
Verified at Delhi on this
February, 2016 that the contents of
para 1 to 18 of the plaint are true and correct to my knowledge.
And those of para 19 to 20 are true on information and advice
receive and believed to be true. Last para is prayer to this Honble
Court.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

VERSUS
Smt. USHA DEVI

DEFENDANT

AFFIDAVIT
I, Kamaljeet Singh Jaswal aged about 34 years S/o Late Shri
Paramjit Singh R/o B-10/236, First Floor, Amrit Puri, East of
Kailash, New Delhi - 65, do hereby solemnly affirm and declare as
under:
1.

I say that I am the Director/CFO as well as Authorised vide

Board resolution dated 24th December, 2015 to institute the


aforesaid suit and am well 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 the counsel for the
Plaintiff at my instructions, 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.

VERIFICATION:
Verified at New Delhi on this the

DEPONENT
th

day of February, 2016 that

the contents of the aforesaid affidavit are true and correct to my


knowledge and information derived from records maintained in the

usual course of business by the Plaintiff. No part of it is false and


nothing material has been concealed therefrom.
DEPONENT

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF
VERSUS
Smt. USHA DEVI

DEFENDANT
LIST OF DOCUMENTS WITH DOCUMENTS
S. NO.
1.

Original

DOCUMENT PARTICULARS
distributor/dealer appointment

PAGE NO.
form

along with self-attested Pan card and Aadhar card


duly

signed

and

stamped

by

the

2.

proprietor/Defendant.
Original office copy of invoices issued to the

3.

defendant
Original cheque for cheque bearing no. 384165
drawn on Syndicate Bank, J.V College, Baraut,
250611 for Rupees 61,099/ (RUPEES Sixty One
Thousand ninety nine Only) along with the cheque
bouncing endorsement along with the cheque
returning memo issued by plaintiffs bank i.e. Icici
Bank Ltd., having address as A1/15, Safdarjung

4.

Enclave, New Delhi 29


Office copy of legal notice dated 12 July 2016

5.

issued on behalf of plaintiff by the advocate.


True copy of board resolution dated 24 December

6.

2015.
Any other document with the permission of
Honble Court.

PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE


New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS

Smt. USHA DEVI

MEMO OF PARTIES

STARLIT POWER SYSTEMS LTD.


Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus

Smt. USHA DEVI


W/O BINESH KUMAR
PROP OF RAJ BATTERY
3/540,GURANA ROAD,
WARD NO.5 BADHPAT,
BARAUT, UTTAR PRADESH
PIN CODE 250611

...

ALSO AT:1. Delhi Saharanpur Road


OPP. Katiya Hospital,
Baraut, Uttar Pradesh
250611

2. SHRI Binesh Kumar


Authorised Signatory of Ms. Raj Battery
3/540, Gurana Road,

defendant

Ward No.5 Badhpat,


Baraut , Uttar Pardesh
250611

PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE


New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

VERSUS

Smt. USHA DEVI

DEFENDANT

ADDRESS FORM

STARLIT POWER SYSTEMS LTD.


Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
Smt. USHA DEVI
W/O BINESH KUMAR
PROP OF RAJ BATTERY
3/540,GURANA ROAD,
WARD NO.5 BADHPAT,
BARAUT, UTTAR PRADESH
PIN CODE - 250611

Defendant

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.

Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
Smt. USHA DEVI

INDEX
S. No.

Particulars

1.

Court fees.

2.

Memo of Parties.

3.

Address Form.

4.

Summary suit for recovery of Rs.


61,099/ (RUPEES Sixty One Thousand
ninety nine Only) along with accrued
pendente lite and future interest at 18%
p.a.

5.

List of Documents with Documents.

7.

List of Reliance

8.

Vakalatnama.

Page No.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
Through
Place: Delhi.
Dated:
JATIN DHAWAN, ADV
ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,

NEW DELHI 24.


M.No.:- 9810299918
Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

VERSUS
Smt. USHA DEVI

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 reserve its right to file other/ additional list of

documents and reliance later, if, found necessary with the


permission of this Honble Court.

PLAINTIFF PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE

Through
Place: Delhi.
Dated:
JATIN DHAWAN, ADV
ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,
NEW DELHI 24.
M.No.:- 9810299918
Email:- jatin@advocarepartners.in

IN THE COURT OF CIVIL JUDGE, SAKET COURTS,


NEW DELHI.
SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF :STARLIT POWER SYSTEMS LTD.
Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
SADAR BALWINDER SINGH
PROP. OF GURU NANAK HOSPITAL,
G.T ROAD,OPP SAMRALA CHOWK,
KHANNA, PUNJAB - 141401

Defendant

SUMMARY SUIT FOR RECOVERY OF RS. 1,92,234/- (RUPEES ONE


LAKH NINETY TWO THOUSAND TWO HUNDRED AND THIRTY FOUR

Only) ALONG WITH ACCRUED PENDENTE LITE AND FUTURE


INTEREST AT 18% P.A.
Ad- valorem court fees of Rs. 4247.20/- has been affixed

MOST RESPECTFULLY SHOWETH:

1. That the present suit has been filed by the Plaintiff for recovering
its dues from Defendant/s arising from supply of goods on invoices,
written agreement as well as for recovery of suit amount/ amount
stated on dishonoured cheque issued by the defendant/s for
discharge of her lawful liability.
That the Plaintiff company is incorporated under the Companies Act,
1956, and into the business of recycling, refining, manufacturing, trade,
import & export of Lead based products including recycling old lead acid
batteries, lead scrap. Mr. Kamaljeet Singh Jaswal, Director, CFO is
authorised and competent to inter-alia sign, institute, present and
prosecute the present complaint for and on behalf of the Plaintiff vide
Board Resolution dated 24.12.15. .
2. That in June of 2014 Defendant approached the plaintiffs officers
and presented a very rosy about its battery sales/business and
requested the Plaintiffs officers/directors to supply batteries to
them. Defendant represented itself to be responsible organization
which honors its purchase commitments by making timely
payments.

The

defendant

filled

up

distributor/dealer

appointment form thereby expressly assured the plaintiff that it


would make advance payments promptly or maximum within 21
days of supply of material by the Plaintiff.
3.

That believing upon the defendants representation the Plaintiffs

officers/ Directors got influenced and acceded to their requests by


agreeing to supply products to her.
4.

That

after

the

aforesaid

undertaking,

supplied/delivered goods vide following invoices: Invoice No.s

Date

Amount

PB1/2014-15/0007

7 OCT 2014

69,922/-

PB1/2014-15/0015

29 OCT 2014

56,695/

PB/2014-15/0022

13 FEB 2015

38,212/-

the

plaintiff

5.

That the defendant never reported any defects in the goods

supplied to her nor returned back any goods.


6.

That initially the Defendant issued regular cheques to inter-alia

show her resolve in making agreed timely payments. Defendant ensured


that her bank honoured her cheques so she could gain confidence of
Plaintiff. Defendant after gauging that Plaintiffs confidence in her had
increased

became

very

casual

in

making

payments/issuing

cheques/encashment of her cheques.


7.

That Defendant in part discharge its liabilities issued a cheque

dated 24th June, 2016 bearing no. 017207 drawn on ALLAHABAD BANK ,
KHANNA , DIST, LUDIHIANA ( PANJAB ) for Rupees 1,92,234/ (RUPEES
ONE LAKH NINETY TWO THOUSAND TWO HUNDRED AND THIRTY
FOUR Only)) The aforesaid cheque was presented for encashment on
designated day with the plaintiffs bankers i.e. Icici Bank Ltd., having
address as A1/15, Safdarjung Enclave, New Delhi - 29 . But to the utter
dismay of plaintiffs officers, the aforesaid cheque was dishonoured and
returned to the plaintiff with remarks funds insufficient vide cheque
returning memo dated 29.06.16.
8.

That the officers of the plaintiff repeatedly requested the defendant

to clear her dues however the Defendant did not pay any heed. To get the
aforesaid cheques/invoice dues cleared, the Plaintiffs officers were made
to run from pillar to post as they were forced to follow up for payments
repeatedly and every time Defendant promised to make the entire
payment along with 18% interest within a short period of time. Had
Plaintiff known that Defendant/s had no intentions to make timely
payments/no payments, Plaintiff would not have transacted with
Defendant or accepted the said cheque in discharge of part of her debts
and liabilities towards Plaintiff.
9.

That looking at unethical conduct of the Defendant/s the Plaintiff,

through their lawyer, sent a legal notice dated 12.07.16 to the


Defendant/s thereby calling upon the Defendant/s to clear her dues
within 15 days from the receipt of the said notice. Through the said

notice, the Defendant/s was fore-warned that in the event of their failure
to make the payment of the amount of the dishonored cheque of Rs.
1,92,234/- to the Plaintiff within the stipulated period, the Defendant/s
would commit an offence punishable under Section 138 r/w sec. 141 of
the Negotiable Instruments Act, 1881 as amended upto date, and in that
case the Plaintiff would be left with no alternative but to file legal
proceedings against the Defendant/s at their costs and risks. The legal
notices posted through registered post have not been received back by the
Plaintiff, and as such it can be presumed to have be served as per section
27 of the General Clauses Act.
10.

That despite due service of aforesaid notice, the defendant

preferred to remain defiant and did not pay her legitimate dues. The
defendant also did not prefer to reply to the aforesaid notice.
11.

That the transactions between the parties are purely commercial in

nature and the nonpayment of dues has caused great losses to the
Plaintiff. The pending dues has blocked Plaintiffs working capital. The
Plaintiff has taken loans for financing its working capital requirements
and has been paying interest on blocked funds. The Plaintiffs officers
have been desperately running from pillar to post to secure their
payments while Defendant has mocked at their desperation. The
Defendant/s are therefore liable to pay its dues along with an agreed
interest thereon @ 18% till the date of actual payment interalia as per
mandate of Section 80 of Negotiable Instruments Act, 1881. Therefore,
the plaintiff is entitled to claim accrued, pendent lite and future interest
at the rate of 18% on due amounts w.e.f 21 days of last bill till date of
final payment.
12.

That in addition Defendant/s are liable to pay litigation costs along

with court fee paid by Plaintiff interalia due to the fact that Plaintiff has
been forced to litigate and increase its woes.
13.

That the present suit is within limitation of time as prescribed

under the Limitation Act. The last invoice bearing no. PB1/201415/0022 for Rs. 38,212./ was issued on dated 13 th FEB 2015. The last
cheque bearing no. 017207 drawn on ALLAHABAD BANK , KHANNA ,

DIST, LUDIHIANA ( PANJAB )

for Rupees 1,92,234/ (RUPEES ONE

LAKH NINETY TWO THOUSAND TWO HUNDRED AND THIRTY FOUR

Only)) was issued by the defendant on 24.06.16. The Plaintiff, through


their lawyer, sent a legal notice dated 12.07.16 to the Defendant/s
thereby calling upon the Defendant/s to clear its dues within 15 days
from the receipt of the said notice.
14.

That the cause of action for filing the present suit arose when the

Defendant/s failed to honor the agreement with Plaintiff about paying up


for its purchases immediately or in advance or maximum within 21 days
of purchase. The cause of action for filing the present case arose on every
occasion when the Defendant/s were called upon to pay for their
purchases and they failed to pay. The cause of action for filing the present
suit arose when Defendant in part discharge its liabilities issued a
cheque dated 24.06.16 as already mentioned above. The aforesaid cheque
was presented for encashment on designated day with the plaintiffs
bankers i.e. Icici Bank Ltd., having address as A1/15, Safdarjung
Enclave, New Delhi - 29 and the same was returned to the plaintiff with
remarks funds insufficient vide cheque returning memo dated 29.06.16.
The cause of action arose when despite service of legal notice dated
12.07.16 upon defendant, she failed to act and pay the dues. The cause
of action is continuing as despite vehement requests the Defendant/s
have failed to clear her upto dues i.e. principle with accrued interest.
15.

That the value of the present suit for the purposes of court fees

and jurisdiction has been fixed at Rupees 1,92,234/ (RUPEES ONE


LAKH NINETY TWO THOUSAND TWO HUNDRED AND THIRTY FOUR

Only)) on which ad-valorem court fees of Rs. 4247.20/-has been affixed.


Therefore, this Honble Court has competent pecuniary jurisdiction to
entertain this case.

16.

That this Honble Court has the competent territorial jurisdiction to

entertain and try the present complaint as the Defendant/s had all
meetings with the Plaintiff at New Delhi office of the Defendant, and all
the deals in general and the present transactions in particular for which

the cheque in question was given to the Plaintiff have been finalized in
Delhi office of the Plaintiff/Defendant. The contract with the Defendant/s
in order to supply her the products of the Plaintiff was also finalized in
Delhi. All the cheques were handed over to the Plaintiff by the
Defendant/s at Delhi. The cheque for encashment was also deposited in
Delhi and the information about dishonor of cheque was also received
from Plaintiffs bank at New Delhi. The Legal Notice to the Defendant/s
was sent from Delhi requiring the Defendant/s to make good the payment
to the Plaintiff. Therefore, this Honble Court has the proper jurisdiction
to try the present case. The Defendant/s has placed the order for supply
of goods at Delhi. The entire cause of action in the present complaint has
arisen in Delhi. Therefore, this Honble Court has jurisdiction to try and
adjudicate the present suit.
17.

That as per the knowledge of the Plaintiff, the Defendant/s have no

defense in the present suit.


18.

That no relief which cannot be claimed under order XXXVII of Code

of Civil Procedure, 1908 has been claimed in the instant suit.


PRAYER

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


prayed that this Honble Court may graciously be pleased to:
(a) Adjudicate the present suit under order XXXVII of Code of Civil
Procedure, 1908;
(b) Pass a decree for a sum of Rupees 1,92,234/ (RUPEES ONE LAKH
NINETY TWO THOUSAND TWO HUNDRED AND THIRTY FOUR Only))
C. Pass a decree of accrued, pendent lite and future interest @ 18%
p.a. on for Rupees 1,92,234/ (RUPEES ONE LAKH NINETY TWO
THOUSAND TWO HUNDRED AND THIRTY FOUR Only).

w.e.f. 06th

Mar, 2015 (21 days from the invoice date of last consignment i.e. 13 th

Feb, 2015) till the actual date of payment in favour of the Plaintiff and
against the Defendant/s;

(d) Pass appropriate orders awarding costs/expenses of the suit


in favour of Plaintiff.

(e) Pass any other order/s in favour of Plaintiff and against


Defendant.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

VERIFICATION:
th
Verified at Delhi on this
February, 2016 that the contents of
para 1 to 18 of the plaint are true and correct to my knowledge.
And those of para 19 to 20 are true on information and advice
receive and believed to be true. Last para is prayer to this Honble
Court.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
SADAR BALWINDER SINGH

AFFIDAVIT
I, Kamaljeet Singh Jaswal aged about 34 years S/o Late Shri
Paramjit Singh R/o B-10/236, First Floor, Amrit Puri, East of
Kailash, New Delhi - 65, do hereby solemnly affirm and declare as
under:
1.

I say that I am the Director/CFO as well as Authorised vide

Board resolution dated 24th December, 2015 to institute the


aforesaid suit and am well 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 the counsel for the
Plaintiff at my instructions, 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.

VERIFICATION:
Verified at New Delhi on this the

DEPONENT
th

day of February, 2016 that

the contents of the aforesaid affidavit are true and correct to my


knowledge and information derived from records maintained in the

usual course of business by the Plaintiff. No part of it is false and


nothing material has been concealed therefrom.
DEPONENT

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF
VERSUS
SADAR BALWINDER SINGH

DEFENDANT
LIST OF DOCUMENTS WITH DOCUMENTS
S. NO.
1.

Original

DOCUMENT PARTICULARS
distributor/dealer appointment

PAGE NO.
form

along with self-attested Pan card and Aadhar card


duly

signed

and

stamped

by

the

2.

proprietor/Defendant.
Original office copy of invoices issued to the

3.

defendant
Original cheque for cheque bearing no.

017207

drawn on ALLAHABAD BANK , KHANNA , DIST,


LUDIHIANA ( PANJAB )

for Rupees 1,92,234/

(RUPEES ONE LAKH NINETY TWO THOUSAND


TWO HUNDRED AND THIRTY FOUR Only)along
with the cheque bouncing endorsement along with
the cheque returning memo issued by plaintiffs
bank i.e. Icici Bank Ltd., having address as
4.

A1/15, Safdarjung Enclave, New Delhi - 29


Office copy of legal notice dated 12 July 2016

5.

issued on behalf of plaintiff by the advocate.


True copy of board resolution dated 24 December

6.

2015.
Any other document with the permission of
Honble Court.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS

SADAR BALWINDER SINGH

MEMO OF PARTIES

STARLIT POWER SYSTEMS LTD.


Through its Authorised Representative/POA,
A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus

SADAR BALWINDER SINGH


PROP. OF GURU NANAK HOSPITAL,
G.T ROAD,OPP SAMRALA CHOWK,
KHANNA, PUNJAB - 141401

,.

Defentant

PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE


New Delhi
Dated:

Through

Jatin Dhawan, Adv


Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS

SADAR BALWINDER SINGH

ADDRESS FORM

STARLIT POWER SYSTEMS LTD.

Through its Authorised Representative/POA,


A-1/20, Basement, Opp. B-4 Block,
Safdarjung Enclave, New Delhi - 29.

Plaintif

Versus
SADAR BALWINDER SINGH
PROP. OF GURU NANAK HOSPITAL,
G.T ROAD,OPP SAMRALA CHOWK,
KHANNA, PUNJAB 141401

Defendant

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE

New Delhi
Dated:

Through
Jatin Dhawan, Adv
Advocare Partners,
11, Shiv Mandir Marg, Jalvihar Road,
Lajpat Nagar - 2, New Delhi - 24.
Ph: 9810299918/Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENDANT

VERSUS
SADAR BALWINDER SINGH

INDEX
S. No.

Particulars

1.

Court fees.

2.

Memo of Parties.

3.

Address Form.

4.

Summary suit for recovery of Rs


1,92,234/
(RUPEES
ONE
LAKH
NINETY
TWO
THOUSAND
TWO
HUNDRED AND THIRTY FOUR Only)
along with accrued pendente lite and
future interest at 18% p.a.

5.

List of Documents with Documents.

7.

List of Reliance

8.

Vakalatnama.

Page No.

PLAINTIFF
THROUGH AUTHORISED REPRESENTATIVE
Through
Place: Delhi.
Dated:

JATIN DHAWAN, ADV


ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,

NEW DELHI 24.


M.No.:- 9810299918
Email:- jatin@advocarepartners.in

IN THE COURT OF SCJ/ASCJ/CJ, SAKET COURTS.


SUIT NO. ____________ OF 2016
(UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908)

STARLIT POWER SYSTEMS LTD.

PLAINTIFF

DEFENTANT

VERSUS
SADAR BALWINDER SINGH

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 reserve its right to file other/ additional list of

documents and reliance later, if, found necessary with the


permission of this Honble Court.

PLAINTIFF PLAINTIFF

THROUGH AUTHORISED REPRESENTATIVE

Through
Place: Delhi.
Dated:

JATIN DHAWAN, ADV


ADVOCARE PARTNERS
11, JALVIHAR ROAD,
LAJPAT NAGAR II,
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