In the Hon’ble High Court of Punjab & Haryana At Chandigarh

In the Court of Civil Judge (Senior Division)

Civil suit No.153 of 2024

M/s Bina Khurana

Address – H -120, Red Street, Sector 15B, Chandigarh …Plaintiff

Versus

Mr. Siddharth Kaushal

Address – H – 142, Red Street, Sector 15 B, Chandigarh …Defendant

SUIT FOR RECOVERY OF RS 5,00,000/- ALONGWITH INTEREST

The plaintiff above named most respectfully submits as under:1. That the plaintiff Ms. Bina aged

32 years, W/o Mr. Kamal Kishore Wadhwa, is a resident of Chandigarh.

1. That the plaintiff has known the defendant from her childhood. He required money for his

sister’s wedding which was scheduled for 25 May, 2023 in Chandigarh.

2. The plaintiff and defendant’s family were neighbors and family friends. As the defendant

was not able to meet with the expenses of his sister’s wedding. So, she agreed to help him

by giving him loan.

3. A written agreement to this effect was entered between the plaintiff and the defendant on

10th May 2023 for an amount of Rs. 5,00,000/- (Rupees Five Lakhs only) to be repaid

within six months of the date of entering into the agreement. The copy of the agreement
 is enclosed as Annexure –A. The statement of account of Ms. Bina is enclosed as

Annexure – B.

4. That the full amount was to be repaid after six months from the date of agreement i.e., on

9th November 2023 along with interest @ 12% per annum. The defendant failed to pay

the amount on that day.

5. That the plaintiff made several calls to the defendant on that day but he did not pick up

his phone.

6. That the plaintiff requested the defendant several times to make the payment of the

outstanding amount which is lying against him but the defendant on one pretext or the

other avoided to the legitimate requests of the plaintiff without any cause or reason The

defendant thus violated the terms and conditions of the Agreement.

7. That as the defendant avoided making the payment, the defendant was served with a

legal notice dated 20 December, 2023 through the counsel for the plaintiff which was

duly received by the defendant.

8. That even after receipt of the legal notice, the defendant has failed to make the payment

and as the defendant has not made the payment, the plaintiff is left with no alternative but

to file the instant suit.

9. That not returning the due amount which shows ulterior and mala fide motive of the

defendants which has also resulted in wrongful gain to the defendant and wrongful loss to

the plaintiff.
 10. That the defendant is liable to pay the amount along with interest at the rate of 12% per

annum as agreed from 10 May 2023 to 9 November 2023 and Penal Interest of 18% from

November 10 to date of payment will be made by the defendant.

11. That defendant up to now is liable to pay the following amount:

Towards loan Rs. 5,00,000/-

Toward Interest @ 12%. P.A.

From 10 May 2023 to 9 November 2023

And

Penal Interest of 18% from November 10 to date of payment

12. That the cause of action is daily arising as the defendant have failed to make payment even

up to now.

13. That the value of suit for the purpose of court fees and jurisdiction has been fixed at Rs.

5,00,000/- (Rupees Five lakhs only) with interest as mentioned in the agreement on which a

court fee of Rs. 1000 (Rupees One thousand) has been affixed.

14. That the money is payable at Chandigarh as such this court has the jurisdiction to try and

adjudicate upon the instant suit.

PRAYER
The Plaintiff prays for the following reliefs:

(i) That a decree for a sum of Rs 5,00,000. may be passed in favor of the plaintiff and against the

defendant.

(ii) That pendente lite and future interest may be awarded.

(iii) That any other relief/reliefs which this court may deems fit and appropriate under the

circumstances may be passed in favor of plaintiff and against the defendant.

Plaintiff

Through

Advocate

VERIFICATION

Verified at Chandigarh on this 19th January, 2024 that the contents of paras 1 to 14 are correct as

per my own knowledge and as per the information received and believed to be correct.

Plaintiff