IN THE COURT OF SENIOR CIVIL JUDGE, DELHI.

CASE NO. OF 2023

IN THE MATTER OF:-

M/s Poonam Enterprises

Through its proprietor
Smt Poonam
Through its Attorney
Sh. Nitin Kumar
office at 196 A IInd Floor,
Savitri Nagar, Nr Malviya Nagar,
New Delhi-110017 …Plaintiff

Versus

M/s Ace Writing Instruments Pvt. Ltd.

Through its Representative

Office at:
B-57 Mayapuri Industrial Area Phase-1,
New Delhi-110064 …Defendant

MEMO OF PARTIES

M/s Poonam Enterprises

Through its proprietor
Smt Poonam
Through its Attorney
Sh. Nitin Kumar
office at 196 A IInd Floor,
Savitri Nagar, Nr Malviya Nagar,
New Delhi-110017 …Plaintiff

Versus

M/s Ace Writing Instruments Pvt. Ltd.

Through its Representative
Office at:
B-57 Mayapuri Industrial Area Phase-1,
New Delhi-110064 …Defendant

PLAINTIFF
DELHI. THROUGH
DATED:-

COUNSEL.
 IN THE COURT OF SENIOR CIVIL JUDGE, DELHI.
CASE NO. OF 2023

IN THE MATTER OF:-

M/s Poonam Enterprises

Through its proprietor
Smt Poonam
Through its Attorney
Sh. Nitin Kumar …Plaintiff

Versus

M/s Ace Writing Instruments Pvt. Ltd.

Through its Representative
.. Defendant

SUIT FOR RECOVERY FOR A SUM OF Rs.1,47,289/-(RUPEES

ONE LAKH FORTY SEVEN THOUSAND TWO HUNDRED AND EIGHTY
NINE)

COURT FEES FILED RS.3808/-

MOST RESPECTFULLY SHOWETH:-

1. That the plaintiff having the business of Trading of

purchasing and selling of Stationary and other allied

items, who has been authorized as Attorney of Smt.

Poonam who is a Proprietor of M/s Poonam Enterprises

having office at 196 A IInd F, Savitri Nagar, Nr

 Malviya Nagar, New Delhi, 110017 to run the business of

trading of Departmental / stationary at the address

mentioned hereinabove and the defendant is well known

to the plaintiff. The plaintiff, being the Attorney of

Mrs. Poonam, runs the business of trading of

departmental/stationary goods at Delhi jurisdiction only.

The Power of Attorney is annexed herewith as Annexure-PI.

2. That the defendant being distributor of stationary goods to

the plaintiff and plaintiff issued invoice against those

purchased goods to the defendant.

3. That, the plaintiff and the defendant herein through an

oral agreement in the year December, 2017, entered into

a business of purchasing and selling of Stationary and

other allied items thereby establishing the business

relationship of Distributor (plaintiff) and Seller

(defendent) qua Seller Distributorship relationship

4. That the defendant purchased the stationary goods from the

plaintiff on credit and plaintiff had always raised number

of invoice to the defendant in respect of purchases made by

the defendant and the defendant had not been punctual of

supplying the goods on time against the said purchases.

5. That, it is pertinent to mentioned here that, during

the advent of first wave of corona virus pandemic in

2020, an epidemic which has created havoc all around

the world not just in destabilizing the health sector

but also the economy of Nations by putting off many

businessman from their business, plaintiff being the

affected by same, decided to wind up their business

concern and accordingly, plaintiff informed/intimated

the defendant about the said decision inter alia also

regarding the unsold stationary and other items laying

with possession with the plaintiff at that period of

time.

6. That, Accordingly, defendant asked the plaintiff to return

all the unsold Stationary and other items to defendant

by making a promise, thereafter, to settle all the

financial claims arising out of and in connection with

the returned goods and stationery.

7. That, by believing on defendant promises and the

commitment/assurances, Plaintiff returned all the

 materials/ goods (i.e. unsold goods of DOMS and DEBOK),

to defendant, loaded in the presence of defendant’s

company representatives sent by defendent, namely, Mr.

Bhola Prasad and Mr. Shekar, who after proper due

diligence and checks tendered their receiving

signatures upon the Invoices dated 07.12.2020,

11.12.2020, 14.12.2020 and 17.12.2020 issued by

plaintiff, duly acknowledging the loading of

goods/materials. As per the said Invoices, an amount of

Rs 10,15,300/- (Rupees Ten Lakh Fifteen Thousand and

Three Hundred Only) was raised same being liable to be

payable by defendant to plaintiff. Copy of Invoice is

attached as Annexure P2.

8. That, after delivery the above said goods/materials,

plaintiff was waiting for the amount payable by the

defendant by putting the trust upon defendant to raise

the corresponding Purchase Orders as per law and

accordingly to make the requisite payment of amount,

aforesaid.
9. That, despite of receipt of the invoices and delivery

of goods, defendant only after lot of requests and

persuasion by plaintiff, belatedly issued a Purchase

Invoice/Order dated 6th January, 2021 for an amount of

Rs. 8,68,011 (i.e. after a delay of approximately 3

weeks from last date of return of goods).

10. That, after seeing the glaring difference in amount

of Rs. 1,47,289 (Rupees One Lakh Forty Seven Thousand

Two Hundred and Eighty Nine), plaintiff without any

delay immediately contacted defendant raising the

aforesaid issue whereby defendant, gave assurance to

plaintiff that any outstanding amount left from the

Purchase Invoice will be cleared later on but for the

time being, wanted to settle the amounts as stated in

the Purchase Invoice. Believing upon it, plaintiff

accordingly raised the corresponding bills of amount of

Rs. 8,68,011. Copy already attach as Annexure P2.

11. That, As per the records, Defendant have made a

payment of Rs. 2,36,390/- (Rupees Two Lakhs Thirty Six

 Thousand Three Hundred Ninety), through cheque dated

29.01.2021. This amount was paid to plaintiff after

adjusting the previous transactions. However, despite

the continuous follow ups from plaintiff and several

personal discussions, the balance amount to the tune of

Rs. 1,47,289/-, which constitutes substantial amount

out of the Invoice amount of 07.12.2020, 11.12.2020,

14.12.2020 and 16.12.2020 has not been paid till date.

copy of payment details send by the respondent is

attach as Annexure P3.

12. That, defendant has been continuously refusing to

release the outstanding amount to plaintiff on one

pretext or the other so much so that, as plaintiff

states, against the amount of Rs. 56,363 being part of

total outstanding amount of Rs. 147289, your company

has alleged the receiving of defective/ expired goods /

materials of DEBOK (produced by DOMS: A manufacturer)

from plaintiff. In this regard, it is apposite of say

that any claim of defectiveness shall be resolved by

the Seller i.e. Defendant with the Manufacturer only

 and the rights of plaintiff being a distributor should

not be affected in way whatsoever. It may appreciate by

this Hon’ble court that by the virtue of business

relationship between (Distributor) and (Seller) and as

per the legal norms, you are under an obligation to

settle all the claims of the Distributor irrespective

of the fact of any defectiveness. plaintiff concerned

with any of issues pertaining between defendant and the

manufacturer. In addition, refusal by defendant to pay

the outstanding amount while resorting to the ground of

defectiveness also reeks of deceptiveness on defendant

parts insomuch the defective goods/materials, till

date, lies in defendant possession and so does the

monies paid by plaintiff at the time of purchase of

said materials from defendant company. Thus, making a

clear of unjust enrichment under the realms of law.

13. That, this is a classic case, that makes it

abundantly clear that defendant has mischievously and

intentionally issued the Purchase invoice dated 6th

January, 2021 concealing/ hiding the receiving of

 certain materials/items totally with ulterior motives,

knowing well that plaintiff would fall in defendant

deceitful lies by issuing the corresponding bills

pertaining to Rs. 8,68,011/- only.

14. It is evident that Defendant never had any intention

to make the requisite payment to plaintiff making it a

clear case of illegal withholding of amount causing

wrongful and unlawful loss to plaintiff and wrongful

and unlawful gain to defendant solely at the expense of

plaintiff trust which he has shown to defendant company

over the course of 3 years of business relationship.

15. That when the defendant did not clear his

outstanding dues, plaintiff found no alternative

except to serve the legal demand notice dated

18.10.2021 to the defendant which is annexed herewith

as Annexure-P4, upon the defendant and the said

notice was duly received by the defendant but failed

to make the payment as mentioned hereinabove hence

this suit. It is further submitted that after

receiving the legal demand notice dated 18.10.2021

 the defendant reply the legal notice to dated

13.11.2021 to the plaintiff’s counsel mentioning that

the defendant has no further amount due towards the

plaintiff. Copy of reply dated 13.11.2021 is annexed

herewith as Annexure-P5.

16. That the defendant being the possession of the

Stationary Goods is liable to pay the amount of Rs.

Rs. 1,47,289/- along with rate of interest @ 24% per

annum in favour of the plaintiff.

17. That the cause of action to file the present suit

arose on the dates when the plaintiff had approached

and requested the defendant to clear the outstanding

bill for Rs. Rs. 147289/-., however the defendant has

miserably failed to make the payment of Rs. Rs. 147289

alongwith 24% per annum interest in favour of the

plaintiff. The cause of action still exists as the

amount is not cleared till date.

18. That this Hon’ble Court has the jurisdiction to

entertain, try and adjudicate the present suit since

 the cause of action to file this suit has arose at

Delhi i.e. within the jurisdiction of this Hon’ble

Court.

19. That the suit has been valued at Rs. Rs. 1,47,289/-

for the purpose of Court Fee and jurisdiction. The

plaintiff has paid and affixed appropriate Court Fee

Rs.3808 only.

20. That the plaintiff has not filed any other such

suit before any other Court of law except before this

Hon’ble Court.

PRAYER:-

It is, therefore, most humbly prayed that this

Hon’ble Court be pleased:-

A. To pass a decree for a sum of Rs. 147289 in favor

of the plaintiff and against the defendant.

B. To allow the interest @ 24% p.a. from the date of

filing of the present suit till the date of

realization.
C. To allow the cost of litigation of the plaintiff

and against the defendant.

D. Any other order / relief (s) as this Hon’ble Court

deems fit and proper in favor of the plaintiff and

against the defendant.

PLAINTIFF
DELHI. THROUGH
DATED:- .03.2023

COUNSEL

VERIFICATION:-

Verified at Delhi on this ___ of May 2023 that the

contents of Para No.1 to 10 of the plaint are true and

correct on the basis of my knowledge and belief, Para

No.11 to 15 are true and correct on the basis of legal

information received and believed to be true. The last

para is prayer before this Hon’ble Court.

PLAINTIFF
 IN THE COURT OF SENIOR CIVIL JUDGE, DELHI.

CASE NO. OF 2023

IN THE MATTER OF:-

M/s Poonam Enterprises

Through its proprietor
Smt Poonam
Through its Attorney
Sh. Nitin Kumar …Plaintiff

Versus

M/s Ace Writing Instruments Pvt. Ltd.

Through its Representative
.. Defendant

AFFIDAVIT

I, Nitin Kumar, Attorney of Smt. Poonam who is Proprietor of

M/s Poonam Enterprises), having office at 196 A IInd F,
Savitri Nagar, Nr Malviya Nagar, New Delhi, 110017, do
hereby solemnly affirm and declare as under:-

1. That I am the plaintiff in the above noted case and

am well conversant with the facts and circumstances
of the case. As such I am competent to swear this
affidavit.

2. That the accompanying Suit for Recovery has been

drafted by my counsel under my instruction.
 Contents of the same have been read over and
explained to me in my vernacular. The same are true
and correct.

3. That the contents of the accompanying suit be read as

part and parcel of this affidavit as the same are
not being repeated herein for the sake of brevity
and to avoid repetition.

DEPONENT

VERIFICATION:
Verified at Delhi on this ____ day of March 2023
that the contents of above affidavit are true and
correct to my knowledge, no part of it is false and
nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, DELHI.

IN THE MATTER OF:-

Impex Sales (India) Pvt. Ltd. …Plaintiff

Versus

M/s Million Hardware Store. …Defendant

INDEX

Sl. Particulars Court Fee Page

No.

1. Court Fee

2. Memo of Parties

3. Suit for Recovery with

supporting affidavit.

4. List of documents
alongwith documents

5. Vakalatnama

6. Spare set of the Suit

for Recovery with
supporting Affidavit.

PLAINTIFF
DELHI. THROUGH
DATED:- ..05.2023

COUNSEL
 IN THE COURT OF SENIOR CIVIL JUDGE, DELHI.

CASE NO. OF 2023

IN THE MATTER OF:-

M/s Poonam Enterprise …Plaintiff

Versus

M/s Ace Writing Instruments Pvt. Ltd. …Defendant

LIST OF DOCUMENTS
SL no. Particular Page no.
1. ANNEXURE P1
The Power of Attorney
2. Annexure p2
Copy of Invoices dated
07.12.2020, 11.12.2020,
14.12.2020 and 17.12.2020
3. ANNEXURE P3
copy of payment details send
by the respondent
4. ANNEXURE P4
legal demand notice dated
18.10.2021
5. ANNEXURE P5
Copy of reply dated
13.11.2021

ANY OTHER DOCUMENT THIS HON’BLE COURT MAY ACCEPT AT

SUBSEQUENT TIME OF PLEADING

PLAINTIFF
DELHI. THROUGH
DATED:- ..07.2023

COUNSEL