Internal assessment-2

Drafting of Plaint and Written Statement

Submitted By: Submitted To:

DIVYANSHI RATHORE Yash Tiwari Ma’am

B.A.LLB (Hons.) Fifth Semester

Section- B JLU ID: - jlu05897@student.jlu.edu.in

Roll No.: - 2020BALLB104

PLAINT
 IN THE HIGH COURT OF DELHI

Suit No. /2020

Gayatri Pharmaceuticals Company, Delhi……………………………………..Plaintiff

VS
Wipco Pharmaceuticals Company, Delhi……………………………………Defendant

Suit for Recovery of Money worth Rs. 10 lakhs

The above named plaintiff states as follows:

1. That the Plaintiff is a company works for the manufacturing of medicines and vaccines for several
diseases. Its head office is situated in Delhi. In addition, CEO of the Company, Mr. Ram Krishna
Gayatri is a researcher in medical sciences resides in Delhi.
2. That the Defendant is a company which manufactures and sales the medical instruments including
laboratory kits, Ventilators and other medical instruments required for the surgery for diseases,
ICU and other medical purposes.
3. That the Defendant signed an agreement with the Plaintiff of about 2, 00,000 rupees on 15th of
November 2019. The agreement was signed at Delhi.
4. That the according to the terms and conditions of the agreement signed by both parties relies on
following responsibilities; The Plaintiff has to deliver medicines and vaccines for different diseases
on the required order from the defendant. Whereas, Defendant has duty to deliver medical instruments
and other surgical instruments.
5. That the agreement was of about 2 lakh rupees and the same was to be delivered by the Defendant
through different ways stated here as under; 1,00,000 rupees was agreed to be paid through
negotiable instrument, 50,000 rupees was agreed to be paid through the delivery of medical instruments
and rest of 50,000 rupees was agreed to be paid before 15th of March 2020.
6. That from 1st March of 2020, a pandemic arouse and compelled the whole world to be locked down. It
has disturbed the every perspective of human life and trade. Unfortunately, both parties were unable to
deliver the agreed items within due date.
7. That the On 5th March 2020 CEOs of both companies held a meeting. It was confirmed in the meeting
that 50% delivery has been made and remaining would be transported after the pandemic lock.
 8. That the Plaintiff according to the situation has received only 50,000 rupees through the delivery
of surgical instruments. On the other hand, plaintiff has delivered 50% items so agreed of amounting
worth 25,000 rupees.
9. That the negotiable instrument of worth 1, 00,000 rupees given by the Plaintiff was dishonored by the
Defendant.
10. That the cheque was dishonored due to the negligence of Defendant without knowing the actual present
amount in his account.
11. That the Plaintiff has approached the Defendant to pay the same amount so conferred but he has
denied to pay the same. According to the Plaintiff the check was not conferred by him.
12. That the Defendant resides within the jurisdiction of this Honorable Court and carries on business within
the territory. Hence, this Honorable Court has each and every jurisdiction to try and entertain this suit.

PRAYER
The Plaintiff, therefore, prays that:
A decree for the recovery to the effect that the Plaintiff is entitled to recover a sum of Rs. 10 lakhs along with
the interest @ 12.50% with effect from 15th March 2020 till the date judgment along with the cost of this suit,
be passed in favor of plaintiff. In addition, such other reliefs as deemed fit and proper according to the facts and
circumstances of the case may also be conferred on Plaintiff in the interest of justice.

VERIFICATION
I, Ram Krishna Gayatri, CEO of Gayatri Pharmaceuticals Company, Delhi, do hereby verify on oath this 4th
June 2020 that whatever stated above is true and correct to the best of my knowledge and belief.

Delhi Deponent
Dated: 5th June 2020

The deponent is identified by me.

Advocate
Dated: 5th June 2020

WRITTEN STATEMENT
 IN THE HIGH COURT OF DELHI

Suit No………/2020

Gayatri Pharmaceuticals Company, Delhi……………………………………..Plaintiff

VS
Wipco Pharmaceuticals Company, Delhi……………………………………Defendant

The Defendant respectfully submits as under:

1. That the contents of Paras 1, 2, 3, 4 and 5 are admitted.

2. That the facts of Para 6 are denied as, Plaintiff has manufactured all items before 1st March 2020
but neglected to deliver to the Plaintiff. There was a refusal by Plaintiff to send the items so agreed
within due time before 1st March 2020.
3. That the contents of Para 7 are admitted.
4. That the facts of Para 8 are denied to the sphere that the Plaintiff as received 1, 00,000 rupees through
cash. Therefore, it is submitted that the Plaintiff has no cause of action to come in the Honourable Court
of Justice.
5. That the facts of Para 9 are denied in toto.
6. That the contents of Para 10 are denied. It is denied that the Defendant had acted in good faith.
7. That the contents of Para 11 are denied. It is denied that the Plaintiff haven’t sent any notice to me for
the payment in exchange of dishonour of cheque.
8. That the contents of para 12 are denied that plaintiff has no cause of action accrued to come in the
Honourable Court of Law.

PRAYER
The Defendant, therefore, prays that:

That the Plaintiff has no cause of action to sue in the Honourable Court and suit be dismissed with the costs.
That the plaintiff has no any relief to be granted because the suit is causeless and having no cause of action.
That the defendant is not entitled for any relief and the suit be dismissed.

VERIFICATION

I, Anjum, CEO of Wipco Pharmaceuticals Company, Delhi, do hereby verify on oath this 27th April 2020 that
whatever stated above is true and correct to the best of my knowledge and belief.

Delhi Deponent
Dated: 26th April 2020

The deponent is identified by me.

Advocate
Dated: 27th April 2020