IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,

DWARKA DISTRICT COURTS, NEW DELHI

CIVIL SUIT NO._________OF 2022
IN THE MATTER OF:
RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT

INDEX
S. No. PARTICULARS PAGE No. C.FEE

1. Memo of Parties
2. Original Court Fee
3. Plaint with affidavit
4. List of Document along with
Documents
5. Address Form
6. Vakalatnama
7. Plaint in Duplicate

New Delhi PLAINTIFF

Dated: THROUGH

KETAN KUMAR
(ADVOCATE)
OFFICE: A-596, GALI NO.17,
MAHAVIR ENCLAVE-II, DELHI-59
M: 8384006676; 8285404894
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022

IN THE MATTER OF:

RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT

MEMO OF PARTIES
RAHUL KUMAR
S/O SH. DEVENDER KUMAR
R/O A-898, JJ COLONY, PANKHA ROAD,
UTTAM NAGAR, NEW DELHI-110059 …..PLAINTIFF
VERSUS
MS. YADAV KANCHAN AMARNATH
D/O. SH. AMARNATH
R/O 49, BHAVANI ROW HOUSE,
GODADRA, SURAT CITY, SURAT,
GUJRAT-39510
M: +91- 6353044415 …..DEFENDANT

New Delhi PLAINTIFF

Dated: THROUGH

KETAN KUMAR
(ADVOCATE)
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022

IN THE MATTER OF:

RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022

IN THE MATTER OF:

RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT
PS: BINDAPUR
DISTRICT SOUTH-WEST

SUIT FOR RECOVERY OF RS. 1,46,500/- (RUPEES ONE LAKH

FORTY-SIX THOUSAND AND FIVE HUNDRED RUPEES ONLY)

1. That plaintiff is a law-abiding citizen of India and is a permanent resident

of A-898, J.J. Colony, Pankha Road, Uttam Nagar, New Delhi-110059.

2. That plaintiff and defendant are well known to each other. That on 11 th
March 2019 defendant contacted plaintiff and told him that she is not
working presently, and she is in urgent need of money to meet her
domestic expenses therefore she requested him to lend her some money.

3. That defendant promised the plaintiff that she will return the money as
soon as she starts working again, after which during the period of 11th
March 2019 to 06th June 2019 defendant borrowed a sum of Rs. 95,500/-
(Rupees Ninety-Five Thousand and Five Hundred only) from plaintiff
which was paid by plaintiff to defendant through online/ mobile payment
apps mode and furthermore on 02.05.2019 Rs. 36,000/- (Rupees Thirty-
 Six Thousand only) through cash which was paid by plaintiff to
defendant at defendant’s rented premises addressed Renuka Apartment,
Nallasupara, East, Mumbai-401209. The online/mobile payment
confirmations SMSs/ receipts of the above noted payments are annexed
herewith as Annexure- “A” and copy of E-Ticket for flight dated
01.05.2019 Delhi to Mumbai is annexed as Annexure- “B”.

4. That during second week of June 2019 defendant was requesting plaintiff
to lend her more money but plaintiff did not lend her more money and
asked her to repay the previous loan amount of Rs.1,31,500/- (Rupees
One Lakh Thirty-One Thousand Five Hundred only) after which
defendant promised plaintiff to repay the above said loan amount by
month of December 2019 as plaintiff had friendly relations with
defendant he agreed for same. But defendant did not repay the above said
loan amount to plaintiff by December 2019 after which plaintiff contacted
her in January 2020, but she did not make any payment to plaintiff.

5. That on 25.01.2020 plaintiff through his counsel sent a legal demand

notice dated 23.01.2020 vide Speedpost no. ED603098742IN which was
successfully delivered to defendant on 29.01.2020 upon receiving the
above said legal demand notice dated 23.01.2020 defendant contacted the
plaintiff and requested him not to initiate legal proceedings against her
and furthermore she promised to repay the above said loan amount within
2-3 months and plaintiff agreed for the same. The legal notice dated
23.01.2020, original postal receipts along with online delivery reports are
annexed herewith as annexure “C”, “D” & “E” respectively.
6. That in month of April 2020 due to wide spread of Covid-19 the
Lockdown was announced by the Government therefore defendant did
not make any payment to plaintiff. Whenever plaintiff contacted
defendant regarding repayment of above said loan amount defendant used
to make excuses that due to Covid-19 she is not working and whenever
she gets any acting or modelling work, she will repay the above said loan
amount.

7. That in month of February 2022 plaintiff came to know that the defendant
has started working therefore he contacted her again, but this time she
stopped answering his phone calls.

8. That on 14.03.2022 plaintiff through his counsel sent a legal demand

notice dated 14.03.2022 vide Speedpost no. ED755296437IN which was
successfully delivered to defendant on 17.03.2022. Upon receiving the
legal demand notice dated 14.03.2022 defendant contacted plaintiff and
requested him to not initiate legal proceedings against her as she is a
woman, and it will cause huge inconvenience for her to go through court
proceedings and she furthermore promised plaintiff to repay the above
said loan amount in 3-4 months therefore plaintiff agreed for same. The
legal notice dated 14.03.2022, original postal receipts along with online
delivery reports are annexed herewith as annexure “F”, “G” & “H”
respectively.

9. That when defendant did not return the money in 3-4 months i.e. July
2022 plaintiff contacted her again in and this time she refused to repay
the above said loan amount and furthermore she started threatening
 plaintiff that she will file a false case of harassment against him and will
put him behind the bars.

10.That on 28.07.2022 plaintiff through his counsel sent a legal demand

notice dated 26.07.2022 vide Speedpost no. ED983185579IN but
defendant refused to take delivery of it on 03.08.2022 and same was
returned on 08.08.2022. The Legal Notice dated 28.07.2022, original
postal receipts along with online delivery reports are annexed herewith as
annexure “I”, “J” & “K” respectively.

11.That defendant is liable and bound to pay the above said loan amount to
the plaintiff amounting to Rs.1,31,500/- (Rupees One Lakh Thirty-One
Thousand Five Hundred only) along with Rs. 15,000/- (Rupees Fifteen
Thousand Thousand only) as the cost of legal notices. The defendant is
further liable to pay interest @ 12% p.a. from the date of institution of
suit till realization of decrial amount.

12.That plaintiff is finding no other alternative remedy to recover the above

said loan amount, has come to this Hon’ble Court and hence this suit.

13. That cause of action first arose on 11.03.2019 when plaintiff transferred
first payment of Rs. 5,000/- (Rupees Five Thousand only) to defendant
for her urgent domestic expenses. That cause of action continued till
December 2019 when defendant did not return the loan amount to
plaintiff. That cause of action further arose on 25.01.2020 when plaintiff
sent legal demand notice to defendant. That cause of action further arose
on 29.01.2020 when defendant seek some time to repay loan amount.
 That cause of action further arose on 17.03.2022 when defendant
requested plaintiff to give 3-4 month period to repay the loan amount.

14. That cause of action further arose on 03.08.2022 when defendant refused
to take delivery of legal notice dated 28.07.2022 and cause of action is
continuing as till date loan amount remain unpaid by defendant to
plaintiff.

15.That plaintiff is residing and works for gain in Delhi and the loan amount
were paid to defendant from Delhi and cause of action arose in Delhi.
Hence this Hon’ble Court has the jurisdiction to try and entertain the suit.

16.That the value of suit for the purposes of court fees and jurisdiction is
fixed at Rs.1,46,500/- (Rupees One Lakh Forty-Six Thousand Five
Hundred only). Requisite court fees of Rs. ____________ is affixed on
the plaint.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court

may be pleased to:

a) Pass a decree for a sum of Rs. 1,146,500/ (Rupees One Lakh

Forty-Six Thousand Five Hundred only)) along with interest
pendente-lite and future @ 12% per annum from the date of
institution of suit till realization in favour of plaintiff and
against the defendant;
 b) Award cost of the suit in favour of the plaintiff and against the
defendant;

c) Pass any such other or further orders as this Hon’ble Court may
deem fit in the facts and circumstances of the case.

NEW DELHI
DATED: PLAINTIFF

VERIFICATION:

I, Plaintiff, do hereby verify that the contents of paras 1 to 11 are true

to my knowledge and para no. 12-17 are true on the legal information
received and believed to be true. Last para is prayer to this Hon’ble Court.

NEW DELHI PLAINTIFF

Dated: THROUGH

KETAN KUMAR
(ADVOCATE)
OFFICE: A-596, GALI NO.17,
MAHAVIR ENCLAVE-II, DELHI-59
M: 8384006676; 8285404894
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022

IN THE MATTER OF:

RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT

AFFIDAVIT

I, Rahul Kumar, aged__ S/o Sh. Devender Kumar R/o A-898, J.J. Colony,
Pankha Road, Uttam Nagar, New Delhi-110059, do hereby solemnly affirm
and declare as under: -

1. That the Deponent is the Plaintiff in the above noted suit and well
conversant with the facts of the same and competent to swear this
affidavit.
2. The contents of above noted Plaint is drafted by my counsel under my
instructions, contents of same have been read over and explained to
me in vernacular which I have fully understood and the same are true
and correct.
3. The contents of accompanying Plaint be read as part and parcel of this
affidavit since the same are not repeated herein for the sake of brevity.
 DEPONENT
VERIFICATION:
Verified at Delhi at ________day of_____, 2022 that the contents of
my above affidavit are true and correct to the best of my knowledge
and nothing material has been concealed therefrom.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022

IN THE MATTER OF:

RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT

ADDRESS FORM

PLAINTIFF ADDRESS:
RAHUL KUMAR
S/O. SH. DEVENDER KUMAR
R/O. A-898, J.J. COLONY,
PANKHA ROAD, UTTAM NAGAR,
NEW DELHI-110059
M: +91- 9911252999

NEW DELHI PLAINTIFF

Dated: THROUGH
 KETAN KUMAR
(ADVOCATE)
IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI
CIVIL SUIT NO._________OF 2022
IN THE MATTER OF:
RAHUL KUMAR …..PLAINTIFF
VERSUS
YADAV KANCHAN AMARNATH …..DEFENDANT

CERTIFICATE U/S 65-B OF INDIAN EVIDENCE ACT, 1872

I, Rahul Kumar, aged__ S/o Sh. Devender Kumar R/o A-898, J.J.
Colony, Pankha Road, Uttam Nagar, New Delhi-110059, do hereby
solemnly affirm and declare as under: -

1. That I am the plaintiff in the above noted matter.

2. That I am filing before this Hon’ble Court, printout of payment
confirmation messages/ receipts which were received on my mobile
phone, details of which are as follows:
S.No.  Date Amount (Rs.)  Mode/App 
1.  11.03.2019 5,000/-  INDEEPAY 
2.  11.03.2019 5,000/-  INDEEPAY 
3.  02.04.2019 2,000/-  INDEEPAY 
4.  02.04.2019 2,000/-  INDEEPAY 
5.  07.04.2019 1,000/-  INDEEPAY 
6.  07.04.2019 5,000/-  INDEEPAY 
7.  07.04.2019 5,000/-  INDEEPAY 
8.  08.04.2019 5,000/-  EKO INDIA 
9.  08.04.2019 3,000/-  EKO INDIA 
10.  08.04.2019 8,000/-  UVA POINT 
11.  17.04.2019 5,000/-  INDEEPAY 
12.  17.04.2019 5,000/-  INDEEPAY 
13.  20.04.2019 1,000/-  PAYTM 
14.  24.04.2019 2,000/-  UVA POINT 
15.  24.04.2019 2,000/-  EKO INDIA 
16.  29.04.2019 5,000/-  CASH DEPOSIT 
17.  30.04.2019 5,000/-  INDEEPAY 
18.  03.05.2019 5,500/-  POS TXN 
19.  22.05.2019 2,000/-  IMPS 
20.  29.05.2019 2,000/-  IMPS 
21.  06.06.2019 20,000/-  IMPS 
3. That I am filing printout of online delivery reports of following legal
notices sent by my counsel to defendant:
a) ED603098742IN
b) ED755296437IN
c) ED983185579IN &
d) E-Ticket for flight dated 01.05.2019 Delhi to Mumbai
4. That I certify that information mentioned above are derived from my
mobile phone and computer during the period over which my mobile
phone was used regularly to store information.
5. That I confirm that throughout the material part of the said period, the
mobile phone and computer were operating properly. Therefore, it can
be treated and admitted as genuine evidence. 

That the statements made above are true to best of my knowledge and
belief.

New Delhi
Dated: Rahul Kumar