IN THE COURT OF CIVIL JUDGE

SOUTH WEST DISTRICT, DWARKA COURTS, DELHI

CS NO____OF
IN THE MATTER OF:
Prashant Bhardwaj PLAINTIFF
VERSUS

Deepak Sharma DEFENDANT

INDEX
S.N PARTICULARS COUR PAGE
O T FEE. NO.
1. Memo of Parties
2. Suit For Recovery For RS.
2,00,000 (Rupees Two Lakhs
Only) Along With Pendi-Lite
Interest

3. Affidavit
4.

IN THE COURT OF CIVIL JUDGE

SOUTH WEST DISTRICT, DWARKA COURTS, DELHI
 CS NO____OF

IN THE MATTER OF:

Prashant Bhardwaj PLAINTIFF

VERSUS

Deepak Sharma DEFENDANT

MEMO OF PARTIES

Prashant Bhardawaj
R/o H.no 653
Near MTNL Office, Main Road,
Bijwasan, New Delhi-110061 PLAINTIFF

VERSUS

Deepak Sharma
R/o F-42, Near Govt. School Village
Lohagarh, Palwal Haryana-121102
ALSO AT:
775/28, Jyoti Park, Sector-7
Gurgoan, Haryana- 122001 DEFENDANT

IN THE COURT OF CIVIL JUDGE

SOUTH WEST DISTRICT, DWARKA COURTS, DELHI
CS NO____OF

IN THE MATTER OF:

Prashant Bhardwaj …
PLAINTIFF
VERSUS

Deepak Sharma …
DEFENDANT

SUIT FOR RECOVERY FOR Rs. 2,00,000 (RUPEES TWO

LAKHS ONLY) ALONG WITH PENDI-LITE INTEREST

Court Fee Paid ____/-

MOST RESPECTFULLY SHOWETH:

1.That the plaintiff is a law abiding citizen and a permanent
resident at H.no 653 Near MTNL Office, Main Road, Bijwasan,
New Delhi-11006 and you the defendant are the permanent
resident of the address stated above F-42, Near Govt. School
Village Lohagarh, Palwal Haryana-121102 and ALSO AT:
775/28, Jyoti Park, Sector-7 Gurgoan, Haryana- 122001.
2. That the defendant, is the sole proprietor of ‘Siya Steels (PEB
STRUCTURES)’ which is a business primarily engaged in Steel
Fabrication. The plaintiff has contacted the client through an
acquaintance namely Mr. Yash Sharma S/o Gopal Sharma R/o
VPO Bijwasan for quotations regarding steel/tin sheds as the
accused is in the business of steel fabrication, on 18.08.2021 for
the construction of boundary walls of steel and steel shed for a
plot admeasuring 310sq. yds located at Amity Wali Gali,
Bijwasan, New Delhi-110061.
3. The defendant has quoted the price of Rs. 4.50,000/- (Rupees
Four Lakhs and Fifty Thousand Only) for the abovementioned
project. The plaintiff has paid in the advance Rs 2,00,000/-
(Rupees Two Lakhs Only) the said amount was paid in the
presence of Mr. Gopal Sharma who is defendant’s brother in law
on 14.09.2021 at Gurgoan residence of the defendant, bearing
property no. 775/28, Jyoti Park, Sector-7 Gurgoan, Haryana-
122001in the lieu of the abovementioned project.
4. The plaintiff and the defendant had agreed on the split
payment for the project that the remaining amount of Rs.2,50,000
(Rupees Two Lakh Fifty Thousand Only) to be paid in two parts
i.e 1,00,000 (Rupees One Lakh) to be paid after two weeks after
the start of the project and the remaining amount of Rs. 1,50,000
(Rupees One Lakh Fifty Thousand) was to be paid after the
completion of the project.
5. At the initial stage of the project the plaintiff paid the amount
of Rs 2,00,000 (Rupees Two Lakh Only) to the defendant and
since then there was no contact between the plaintiff and the
defendant as the plaintiff has tried to contact the defendant but
the defendant is not picking up any calls or even responding to
the whatsaap messages. Since the initial payment has been done
by the plaintiff the project hasn’t be initiated by the defendant
and to harass the plaintiff the defendant is not responding to any
mode of contact that is being made by the plaintiff. The plaintiff
is contacting the defendant since November 2021 but all in vain
as there is still no contact between the plaintiff and the defendant.
6. That in January 2022 i.e on 08.01.2022 when the plaintiff was
able to contact the defendant despite many requests made to the
defendant by the plaintiff to start the abovementioned project but
the defendant didn’t start the project and said to the plaintiff that
all the money was spent on some other project and to further
harass the plaintiff the defendant is not paying the said amount as
promised by the plaintiff. The Defendant promised that he shall
pay the amount back to the plaintiff as he gets money from other
sources.
7. That the plaintiff has contacted the defendant to ask for the
recovery of the pending amount that was given by the plaintiff to
start the project but the defendant is stating continuously that he
is facing major financial losses and the other sources has not
given him the amount to further pay to the plaintiff. Despite
major promises made by the defendant and false promises made
to the plaintiff to give all of the money back. The defendant is
ignoring all the calls and messages of the plaintiff and that is
harassing the plaintiff.
8. That the defendant is not paying back the money given by the
plaintiff nor the defendant is initiating the project that has been
long due and is constantly giving the reasons to push ahead the
payment of the plaintiff and this act of the defendant is causing
my mental agony to the plaintiff as it is the hard earned money of
the plaintiff.
9. That the defendant has a malafide intention behind the
delayed or non-payment from the defendant side and is
constantly harassing my mind by not paying the amount and by
not even starting the project.
10. That the defendant took the money from the plaintiff to start
the project rather the defendant abruptly stopped the construction
and is now failing to repay the amount to the plaintiff and the
defendant has caused major losses to the plaintiff. To recover the
losses occurred due to the torture done by the defendant it is
mandatory for the defendant to pay back to the plaintiff with the
interest attached.
11. That the defendant is liable to repay the friendly loan taken
by the plaintiff and not just pay the said amount of Rs. 2,00,000
(Rupees Two Lakhs Only) but to repay the loan with the interest
attached.

PRAYER
It is therefore, most respectfully prayed before this Hon’ble court
may be graciously pleased to:
a) Pass a decree for a sum of Rs.2,00,000/- along with pendi-
lite and future interest till the actual realisation of the said
amount, in the favour of the plaintiff and against the
defendant.
 b) Pass an award for Rs. _____/- as litigation charges
including the court fee & counsel fee in favour of the
plaintiff and against the defendant.
c) Pass any order or directions which this Hon’ble court may
deem fit and proper in the present facts and circumstances
of the case, in the interest of justice.

PLAINTIFF

THROUGH

ADVOCATE
(Kartikeya Mudgil)

VERIFICATION
I, the plaintiff do hereby verify that the paras 1 to 11 are true and
correct and to the best of my knowledge and belief, while the
concluding prayer to the Hon’ble Court.
Verified at Kapashera on this_______ day of Februray ‘24

IN THE COURT OF CIVIL JUDGE

SOUTH WEST DISTRICT, DWARKA COURTS, DELHI
 CS NO____OF

IN THE MATTER OF:

Prashant Bhardwaj …
PLAINTIFF
VERSUS

Deepak Sharma …
DEFENDANT

AFFIDAVIT

I, Prashant Bhardwaj, S/o Arun Bhardwaj, aged about ___ years,

R/o H.no 653, Near MTNL office, Main Road, Bijwasan, New
Delhi-110061, do hereby solemnly affirm and declare as under:-
1. That I am fully aware with the facts and circumstances of
the case as such am competent to swear the present
affidavit.

2. That the contents of the accompanying suit for recovery

have been drafted by my counsel under my instructions
and same has been read over by me in my vernacular and
after understanding the same I state that same are true and
correct. The contents of the accompanying suit may kindly
be read and treated as part and parcel of my present
affidavit as the contents of the same are not being repeated
herein for the sake of brevity.

DEPONENT
VERIFICATION
Verified at Kapashera on this ___ day of , 2024 that the contents
of the above affidavit are true and correct to the best of my
knowledge and belief. No part of it is false and no material is
concealed therefrom.
DEPONENT