IN THE COURT OF THE CIVIL JUDGE SENIOR DIVISION

LUCKNOW.
Suit No: ……../2016

IN THE MATTER OF:

Mudit Gupta ………..Appellant

Versus

Gaurang Tripathi .…….Respondents

PLAINT UNDER SECTION 9 OF THE CODE OF CIVIL PROCEDURE:

The Plaintiff most respectfully submits as under:

1. That there is an agreement between Plaintiff and Respondent for the purpose
of Education.
2. That the Plaintiff had availed a loan facility from the respondent in the tear
for educational purposes as the plaintiff had taken the admission in the
Vellore Institute of Technology to pursue the degree of B.Tech in the
academic year 2009-10.
3. That in pursuance of the above loan facility the respondent had given
Rupees 2, 53,000 till the year 2011 and to sanction the next installment of
Rupees 1,05,000 the respondent had had charged interest of Rupees 11,000
which the Plaintiff had complied with.
4. That thereafter in the year 2011 the Government of India had issued a
subsidy scheme for educational loans. The respondent had informed the
Plaintiff about the requirements/formalities to be made within specific time
limit to avail the benefit of subsidy scheme.
5. That the Plaintiff had complied with the above formalities but the
respondent had failed to provide the benefits of the subsidy scheme to the
Plaintiff.
 6. That the respondent had also failed to disperse the further loan installments
of Rupees 1,05,000 in violation of Agreement.
7. That the present complaint is within the territorial and pecuniary jurisdiction
of this HON’BLE Court.

PRAYER

Wherefore, it is most respectfully prayed that:

(A)That the benefits of subsidy scheme may be given to the Plaintiff.

(B)That the installment of Rupees 1,05,000 may be released in favor of the
Plaintiff.

VERIFICATION

I ……………………….. , the Plaintiff above named. Do hereby solemnly verify

that the contents of my above plaint are true and correct to my knowledge, no part
of it is false and nothing material has been concealed therein.

Verified this…………………..day of ………….20…..at ……………

Solemnly affirmed as aforesaid at Lucknow.

This 14th day of December, 2016

Interpreted an identified by the

Sd/-
sd/-

Advocate for the plaintiff

Before me

Sd/-

Oath commissioner
 IN THE COURT OF THE CIVIL JUDGE SENIOR DIVISION
LUCKNOW.
Suit No: ……../2016

IN THE MATTER OF:

Mudit Gupta ………..Appellant

Versus

Gaurang Tripathi .…….Respondents

RESPECTFULLY SHOWETH:

Para-wise Reply:

1. That the contents of Para 1, 2 and 3 are not denied.

2. That the contents of Para 4 are denied because the respondent had performed
their duties by telling about the subsidy scheme to the Plaintiff on
02.08.2016
3. That the respondent was not able to provide the benefit of central
government subsidy scheme to the Plaintiff because he had failed to submit
the required mandatory representations within the prescribed time limit in
spite of being told by the respondent about the time limit.
4. That the Plaintiff had submitted all his required representations before the
prescribed limit as on 24.12.2015 but the same was booked on 30.09.2015
and next day was Saturday followed by Sunday. That’s why the respondent
was not able to recommend his name for the subsidy scheme on education to
the concerned authorities.

5. That as per the terms and conditions of the respondent, the Plaintiff could
not fulfill all the conditions on time. Therefore respondent is not deemed to
sanction his third instalment.
 a) The Plaintiff had failed to submit his third year passing
mark-sheet on time.
b) The Plaintiff also had failed to deposit the amount of
interest incurred by the respondent, time to time on the
loaning amount.
6. Respondent is acting as an agent for the government and therefore the
respondent is not liable for providing him the benefit of subsidy scheme and it
depends upon the discretionary power of the government whether they provide
the benefit of the subsidy scheme or not.

VERIFICATION
I…….…... the above named respondent do hereby verify that the contents of
paras 1 to 5 of the written statement on merit are true and correct to my
knowledge. While para 6 of reply on merits are true to my information, belief
and legal advice by me and believed to be true .

Verified at ………………this……………..day
of………………….20………

Solemnly affirmed as aforesaid at Lucknow.

This 16th day of December, 2016

Interpreted an identified by the

Sd/-
sd/-

Advocate for the respondent

Before me

Sd/-

Oath commissioner