IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH

EAST DISTRICT, SAKET COURT, NEW DELHI

COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK …PLAINTIFF

Vs.

AGAAZ TRADE MARTAND ORS. …DEFENDANTS

VOLUME I
MASTER INDEX
INDEX I
S.NO. PARTICULARS PAGE NO
1. Court Fee.
2. Memo of Parties.
3. Commercial Suit for Recovery.
4. Affidavit
5. Statement of Truth.
6. Address Form.
7. List of Documents.

INDEX II
VAKALATNAMA
S.NO. PARTICULARS PAGE NO
1. Index - II
2. Vakalatnama.

VOLUME – II
INDEX – PART – III
LIST OF DOCUMENTS FILED WITH THE PETITION
AS PER ORDER XI RULE 1(2)
S.no. Details of the Documents in Originals Mode of Line of Page no.
documents power of, or executio custody
possession, photocopi n/
control es or issuance
custody of office of
copies receipt
1. Copy of Plaintiff Original By Plaintiff
Authorization Hand
Letter
2. Copy of Plaintiff Original By Plaintiff
Sanction Hand
Letter
3. List of Plaintiff Original By Plaintiff
Documents Hand
filed by the
Defendants:
4. Loan Plaintiff Original By Plaintiff
Application Hand
Form having
Form no PNB
727 A.
5. Master Plaintiff Original Plaintiff
Agreement
having form
no. PNB 2057
6. Confidential Plaintiff Original By Plaintiff
Report having Hand
form no. PNB
282
B(Revised).
7. Balance and Plaintiff Original By Plaintiff
Security Hand
Confirmation
Letter.
8. Hypothecatio Plaintiff Original By Plaintiff
n of goods Hand
and book debt
to secure cash
 credit facility
9. Agreement of Plaintiff Original By Plaintiff
Guarantee Hand
10. Agreement of Plaintiff Original By Plaintiff
Guarantee Hand
11. Partnership Plaintiff Original By Plaintiff
Agreement Hand
12. Affidavit of Plaintiff Original By Plaintiff
Sh. Yash Hand
13. Affidavit of Plaintiff Original By Plaintiff
Munesh Hand
14. Copy of the Plaintiff Original By Plaintiff
Legal Notice Hand
sent to the
Defendants
15. Non-starter Plaintiff Original By Plaintiff
Report of the Hand
pre-
mediation,
dated
10.03.2022

PLAINTIFF

THROUGH

RAJIV DALAL / SANJEEV K SHARMA

Advocates for the Plaintiff
D&S Law Offices
B-10,2nd Floor, Jangpura Extension, New Delhi – 110014
Chamber Ns. 139-142, B Block, Tis Hazari Courts, Delhi 110054
Mobile.: +91 9312271428, 9810066196
Tel. : 011 - 24375581
E-mail: contact@dslawoffices.in, dsinghdalal@yahoo.com
DELHI:
DATED:
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH
EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK …PLAINTIFF

Vs.

AAGAAZ TRADE MARTAND ORS. …DEFENDANTS

Court Fee
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH
EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

MEMO OF PARTIES

PUNJAB NATIONAL BANK

A BODY CORPORATE CONSTITUTED

UNDER THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKINGS) ACT, 1980 HAVING ITS
HEAD OFFICE AT PLOT NO. 4,SECTOR –
10, DWARKA, DELHI HAVING ONE OF ITS
BRANCHES AT: -B.O KAILASH COLONY,
DELHI
…PLAINTIFF

VERSUS

1. AAGAAZ TRADE MART

R/O HOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI-110092.

2. SHRIYASHRATHORE
S/O SHRI UMED SINGH
R/OHOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI-110092.
MB - 9999993653

3. SMT.MUNESH
D/O SHRI RAMESH RANA
 W/O SHRI YASHRATHORE
R/O HOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI -110092.
MB – 8076361012 ….DEFENDANTS

PALINTIFF

THROUGH

RAJIV DALAL / SANJEEV K SHARMA

Advocates for the Plaintiff
D&S Law Offices
nd
B-10,2 Floor, Jangpura Extension, New Delhi – 110014.
Chamber Ns. 139-142, B Block, Tis Hazari Courts, Delhi 110054
Mobile.: +91 9312271428, 9810066196
Tel. : 011 - 24375581
E-mail: contact@dslawoffices.in, dsinghdalal@yahoo.com

DELHI:
DATED:
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH
EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK

A BODY CORPORATE CONSTITUTED

UNDER THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKINGS) ACT, 1980 HAVING ITS
HEAD OFFICE AT PLOT NO. 4,SECTOR –
10, DWARKA, DELHI HAVING ONE OF ITS
BRANCHES AT: -B.O KAILASH COLONY,
DELHI
…PLAINTIFF

VERSUS

1. AAGAAZ TRADE MART

R/O HOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI-110092.

2. SHRIYASHRATHORE
S/O SHRI UMED SINGH
R/OHOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI-110092.
MB - 9999993653

3. SMT.MUNESH
 D/O SHRI RAMESH RANA
W/O SHRI YASHRATHOR
R/O HOUSE NO.2, STREET NO.1,
KRISHNA NAGAR,KARKARDOOMA
NEW DELHI -110092.
MB – 8076361012 …DEFENDANTS

SUIT FOR RECOVERY OF RS. 5,14,396.86/-

Sir,

The plaintiff respectfully submits as follows: -

1. That the Plaintiff i.e., Punjab National Bank, is a body corporate

constituted Under the Banking Companies (Acquisition and Transfer

of Undertakings) Act, 1970 having its head office at Plot No. 4,

Sector- 10, Dwarka, New Delhi and inter alia a branch office at

Kailash Colony, Delhi.

2. That Mr. Manish Kumar is the Officer of the Plaintiff Bank and is

conversant with the facts of the case and as such is competent and

capable of deposing the same before this Hon’ble Court, even

otherwise the Bank authorities have executed a Power of Attorney,

inter-alia authorizing him to sign, verify, institute and the file the
 application, execute vakalatnama in favor of the Advocate and to

take any other steps connected with the recovery of the dues of the

Bank. The present plaint as such is being signed, verified, instituted

and filed by Mr. Manish Kumar who is the Officer of the Plaintiff

Bank for the recovery of the amount.

3. That the Defendant No.1 through its Partners Defendant No. 2 and 3

approached the Plaintiff Banki.e.,Branch Office at Kailash Colony,

Delhi for grant of Mudra Loan Rs. 5,00,000/-.

4. That the loan was actually sanctioned by the Plaintiff Bank to the

defendant no. 1 on 13.11.2020 vide Loan A/c No.

0993008700001643and sanction letter dated 13.11.2020.The

Defendants agreed to the terms and condition of sanction letter and

signed this same.

5. That the Defendant No.1 through its Partners Defendant No. 2 and 3

has executed the following documents for securing the repayment of

the said loan:-

(a) Loan Application Form for Pradhan Mantri Mudra Yojana

dated 17.10.2020.
(b) Confidential Report dated 12.11.2020.
 (c) Master Agreement dated 12.11.2020having form no. PNB
2057.
(d) Agreement for Loan/Cash CreditOverdraft dated
___.11.2020 having form no. PNB 727A.
(e) Hypothecation of Goods and Book Debt to Secure Cash
Credit Facility dated __.11.2020 having form no. PNB
1031.
(f) Bank Mandate formhaving form no. PNB-1217
(g) Stock Statement Revised Proforma dated
31.10.2020having form no. PNB-938.
(h) Affidavit of Shri Yash dated 12.11.2020.
(i) Affidavit of Smt.Munesh dated 12.11.2020That the agreed
rate of interest as per the documents was _______ per
annum subject to rise and fall in the rate of interest as per
the guidelines of the bank from time to time.

6. That the loan was actually disbursed by the Plaintiff Bank to the
defendant no. 1 and the defendants availed the same from the Plaintiff
Bank.

7. That defendants have committed breach of the terms and conditions of

the said loan agreement by inter alia defaulting in payment of amount
due and payable by the defendants to the bank, under the said
agreements. The defendants have been irregular in making the
payment to the Plaintiff Bank.

8. That the account of the defendants was declared as N.P.A on

30.06.2021 and was showing an overdue amount of Rs. 5,10,251.86/-
 is (Rupees Five Lakh Ten Thousand Two Hundred Fifty One and
Eighty Six Paisa Only). The defendants are also liable to pay interest
at the rate of 8.40 % on the said amount as per the agreement. At
present the total outstanding amount is Rs. 5,14,396.86/-is (Rupees
Five Lakh Fourteen Thousand Three Hundred Ninety-Six and Eighty
Six Paisa Only) including the interest.

9. That despite the repeated request, reminders made by the Plaintiff

Bank, verbally as well as in writing to the defendants, they have failed
to repay the outstanding amount to the Plaintiff Bank.

10.That the Plaintiff Bank through its counsel sent a legal notice dated
05.09.2021 to the defendant no. 1, 2 & 3 for payment of their legal
dues of Rs.5,14,396.86/-(Rupees Five Lakh Fourteen thousand Three
Hundred Ninety Six and Eighty Six Paisa Only).

11.That as such the Defendants have become liable to pay the entire
outstanding amount.

12.That the cause of action arose on 13.11.2020 when the loan sanctioned
to the Defendants. The cause of action arose on 30.06.2021 when the
account was declared NPA. The cause of action arose on 05.09.2021
when the legal notice was sent to the Defendants. The cause of action
again arose on all subsequent dates when the demand was made but
the Defendant did not make the due payment. The cause of action
again arose when the pre-institution mediation for the recovery of the
loan amount failed and the Non-Starter Report was issued on
10.03.2022.
13. That the loan facilities were sanctioned at B.O Kailash Colony,
Delhi, which is situated within the territorial jurisdiction of this forum.

14.That the value for the purpose of court fee is Rs. 7500/- on which add
volume court fee has been affixed.

It is, therefore, most respectfully prayed that the Hon'ble Court be

pleased to:-

a. Pass a decree in favor of Plaintiff and against the Defendants

for Rs. 5,14,396.86/-.

b. Pass a decree of future interest at the rate of 8.40% per annum

from the date of filing the Suit till the passing of the decree.

c. Pass a decree of future interest from the date of decree till its

actual realization.

d. Pass any other order that this Hon’ble Court deems fit and

proper in the interest of justice.

PALINTIFF

THROUGH

RAJIV DALAL / SANJEEV K SHARMA

Advocates for the Plaintiff
D&S Law Offices
nd
B-10,2 Floor, Jangpura Extension, New Delhi – 110014.
Chamber Ns. 139-142, B Block, Tis Hazari Courts, Delhi 110054
Mobile.: +91 9312271428, 9810066196
 Tel.: 011 - 24375581
E-mail: contact@dslawoffices.in, dsinghdalal@yahoo.com
DELHI
DATED:
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH
EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK …PLAINTIFF

Vs.
AAGAAZ TRADE MARTAND ORS. …DEFENDANTS

AFFIDAVIT

I, Mr. Manish Kumar aged about ____ years, Branch Manager of Punjab
National Bank,Kailash Colony, New Delhi, do affirm hereby solemnly and
declare as under:-

1. That I am Authorized Officer/Chief Manager of Punjab National

Bank, and fully conversant with the facts of this case and am
competent to file this affidavit.
2. That the contents of accompanying SUIT for Recovery of Rs.
5,14,396.86/-have been drafted and filed by my counsel under my
instructions, for the sake of brevity contents thereof are not
reproduced herewith and same may be read as part of this affidavit.

DEPONENT

VERIFICATION :-
Verified at Delhi on this ___ Day of July, 2022 that the contents of the
above affidavit are correct and true to my knowledge, no part of it is
false and nothing material has been conceal therefrom.
 DEPONENT

IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH

EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK…PLAINTIFF

Vs.
AAGAAZ TRADE MART AND ORS. …DEFENDANTS

STATEMENT OF TRUTH
(Under First Schedule, Order-VI, Rule-15A and Order –XI, Rule–3)

I, Mr. Manish Kumar aged about ____ years, Branch Manager of

Punjab National Bank,Kailash Colony, New Delhi, do affirm hereby

solemnly and declare as under:-

1. That I am the authorized representative of plaintiff bank in the above

suit and competent this wear this affidavit.

2. That I am sufficiently conversant with the facts of the case and have
examined all relevant documents and records in relation thereto.

3. That the statements made in Para no. 1 to Para no. 17 of the Plaint are
true to my knowledge and which I believe to be correct and last Para is
prayer to this Hon’ble Court.
4. That there is no false statement or concealment of any material fact,
document, or record and I have included information that is according
to me, relevant for the present suit.

5. That all documents in my power, possession, control, pertaining to the

facts and circumstances of the proceedings initiated by me have been
disclosed and copies thereof annexed with the plaint, and that I do not
have any other documents in my power, possession, control and
custody.

6. That the above-mentioned pleading comprises of a total of 21 pages,

each of which has been duly signed by me.

7. I say that the Annexure hereto are true copies of the documents referred
to and relied upon by me.

8. I say that I am aware that for any false statement or concealment, I shall
be liable for action taken against me under the law for the time being in
force.

DEPONENT

VERIFICATION: -
I, Mr. Manish Kumar aged about ____ years, Branch Manager of Punjab
National Bank, Kailash Colony, New Delhi, do hereby declare that the
statements made above are true to my knowledge.
Verified at Delhi on this ___ Day of July, 2022.

DEPONENT
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH
EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

ADDRESS FORM

A BODY CORPORATE CONSTITUTED UNDER

THE BANKING COMPANIES (ACQUISITION
AND TRANSFER OF UNDERTAKINGS) ACT,
1980 HAVING IT’S HEAD OFFICE AT PLOT NO.
4, SECTOR – 10, DWARKA, DELHI HAVING ONE
OF ITS BRANCHES AT: -B.O KAILASH COLONY,
DELHI110048.

…PLAINTIFF

PALINTIFF

THROUGH

RAJIV DALAL / SANJEEV K SHARMA

Advocates for the Plaintiff
D&S Law Offices
nd
B-10,2 Floor, Jangpura Extension, New Delhi – 110014.
Chamber Ns. 139-142, B Block, Tis Hazari Courts, Delhi 110054
Mobile.: +91 9312271428, 9810066196
Tel. : 011 - 24375581
 E-mail: contact@dslawoffices.in, dsinghdalal@yahoo.com
DELHI
DATED:

IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, SOUTH

EAST DISTRICT, SAKET COURT, NEW DELHI
COMMERCIAL SUIT NO. ____________ OF 2022

PUNJAB NATIONAL BANK …PLAINTIFF

Vs.
AAGAAZ TRADE MARTAND ORS. …DEFENDANTS

LIST OF DOCUMENTS
1. Copy of Authorization Letter.
2. Copy of Sanction Letter.
3. List of Documents filed by the Defendants:
a) Loan Application Form having Form no PNB 727 A.
b) Master Agreement having form no. PNB 2057.
c) Confidential Report having form no. PNB 282 B(Revised).
d) Balance and Security Confirmation Letter.
e) Hypothecation of goods and book debt to secure cash credit
facility.
f) Agreement of guarantee
g) Agreement of guarantee
h) Partnership agreement
i) Affidavit of yash
j) Affidavit of Munesh
4. Legal notice date 05.09.2021 with postal receipt.
5. Non-Starter Report issued by Delhi Legal Services Authority dated
10.03.2022.
 PALINTIFF

THROUGH

RAJIV DALAL / SANJEEV K SHARMA

Advocates for the Plaintiff
D&S Law Offices
B-10,2nd Floor, Jangpura Extension, New Delhi – 110014.
Chamber Ns. 139-142, B Block, Tis Hazari Courts, Delhi 110054
Mobile.: +91 9312271428, 9810066196
Tel. : 011 - 24375581
E-mail: contact@dslawoffices.in, dsinghdalal@yahoo.com
DELHI
DATED: