IN THE COURT OF LD. SENIOR CIVIL JUDGE,
TIS HAZARI DISTRICT COURT, NEW DELHI
SUIT NO. _____ OF 2021
(Under Order XXXVII of the Code of Civil Procedure, 1908)
IN THE MATTER OF:
Mr. Navdeep Salaria ..Plaintiff
Mr. Rohit Kumar …Defendant
SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF RS. 40,000 (Rupees Forty Thousand Only/-)
MOST RESPECTFULLY SHOWETH:
1.That the present Suit is being filed under the specific provisions of Order XXXVII of the Code of Civil Procedure, 1908.
- That the defendant is purportedly engaged in the business of real estate.
- That the plaintiff is engaged in aviation business for the. purpose of which he intended to shift his office to another/better location and he looked for space on social media platforms such as OLX as well as through offline methods.
- That in May 2019 a person named Rohit contacted the plaintiff through OLX introducing himself as a property dealer and shared with him 2-3 pictures of property/space.
- That thereafter the defendant called the plaintiff to Rajouri Garden to show him spaces available for rent in the vicinity for the intended office where the plaintiff was introduced to another property dealer named Vicky.
- That subsequently a meeting was held at Imly Restaurant wherein the plaintiff intimated to the defendant that he was interested in property/space shown by property dealer Vicky on which the defendant asked the plaintiff come to the office of that property’s owner. Thereafter another meeting was held in which there was a disagreement about the amount of rent of the intended office space on which the defendant gave assurance to the plaintiff that he would persuade the landlord. It is to be noted that Landlord Ajit Gupta, Vicky and property dealer Rohit were present in that meeting.
- That next day plaintiff had already left for Himachal Pradesh for an official purpose when he received a phone call from the defendant stating that he required a sum of money to be given to the landlord as a token money so that he could persuade him further to let out his property to the plaintiff. It is pertinent to mention that to gain the confidence of the plaintiff, he mailed a rent agreement to the plaintiff which appeared to be suspicious on the face of it the copy of which is annexed herewith as ANNEXURE 1.
- That since the plaintiff had been travelling and he did not have much time to think, he transferred an amount of Rs 10,000 to the defendant’s bank account through NEFT the copy of which is annexed herewith as ANNEXURE 2.
- Thereafter the defendant started building pressure on the plaintiff asserting that Rs 10,000 would not be sufficient to effectuate the deal and that he needs at least 50,000 for that purpose. Nevertheless, the plaintiff transferred Rs. 40000 more to the defendant’s bank account through NEFT the copy of which is annexed herewith as ANNEXURE 3.
- That when the plaintiff returned from his official trip, he came to know that the deal was not concluded and again a meeting was held with the landlord Ajit Gupta wherein he confirmed to the plaintiff that he did not receive any sum of money from the defendant. It is submitted that in that same meeting the defendant had admitted the fact in front of everyone present in that meeting that he had not advanced any money to the landlord. It is pertinent to mention that Property dealer Vicky and Landlord were also witnesses to this admission.
- That it is submitted that again there was no consensus about the amount of rent in the said meeting and after coming out of the meeting the defendant falsely assured the plaintiff that he would talk to the landlord again and clear his doubts about the tenancy. Furthermore, he even promised the plaintiff that he would refund the amount Rs 50,000 through online transfer the same night. However, the defendant retracted from his promise and did not initiate the amount to the plaintiff.
- That after persuasion the defendant transferred only Rs 10,000 to the plaintiff’s bank account through NEFT and since that day the defendant has been delaying the payment of Rs 40000 on one pretext or the other.
- That during this time the plaintiff spoke to the property dealer Vicky and apprised him of the situation wherein he revealed to the plaintiff that the defendant had told him that he took Rs 50,000 as the fee for his service and not as advance money to be given to the landlord.
- That the defendant who abused the goodwill of the Plaintiff and misappropriated the money entrusted upon him in good faith has failed to comply by his words and defaulted in making the payment of the Plaintiff’s rightful and legal dues.
- That regarding the same offence the plaintiff had filed a police complaint vide no. dated … against the defendant the copy of which is annexed herewith as ANNEXURE 5.
- That the Defendant has deliberately failed and neglected to make good, payment of the total dues, within the prescribed time.
- That, thereafter, various requests were made verbally and written communications to the Defendant to clear the outstanding dues, but to no avail. Despite these efforts, no payment was made.
- That the Defendant has no justifiable reason to continue to withhold the said money and is liable to pay the same.
- That the defendant has wilfully failed and neglected to pay the aforesaid amount. From the conduct of the Defendant, it is comprehensible that he has no intention to make payment of bonafide and admitted claims of the Plaintiff and thus the Plaintiff has no alternative but to file the present suit.
- That it is not the requirement of the law that there should be a written contract signed by both the parties. What is necessary is that the suit should be based on a written contract. That, one can manifest in this case, in the form of e-mails and legal notices and replies to the notices and other correspondences ensued between the parties that the parties were acting under an agreement. Thus, there could be no hesitation in holding that the present suit filed by the Plaintiff for the recovery of unpaid dues under Order XXXVII CPC are summary suits and summary procedure can be applied to their trial.
- That the facts of the present case indicate that the suit must be treated as a summary suit since it is based on an enactment. In this case, the facts clearly show that the Defendant is liable to pay to the Plaintiff his dues amounting to Rs. 40000/- (Forty Thousand only).
- That the cause of action for filing the present Suit firstly arose in favour of the Plaintiff and against the Defendants on when the Plaintiff was terminated from his job without notice and clearance of his rightful and legal dues. The cause of action filing the suit still continues.
- That this Hon’ble Court has territorial jurisdiction to try the present Suit in as much as the office of the Defendant’s office is situated at Rajouri, New Delhi. The Plaintiff was employed the Defendant’s office situated at Rajouri, New Delhi and the payment was also to be received at Rajouri, New Delhi.
- That the value of the present Suit for the purpose of court fee and jurisdiction is fixed at Rs. 40000/- (Forty Thousand only) on which the prescribed ad-valorem court fee has been affixed.
- P R A Y E R
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
- Pass a decree for a sum of Rs. 40000/- (Forty Thousand only) of in favour of the Plaintiff and against the Defendants jointly and severally;
- Grant pendente-lite and future interests @ 24% p.a. on the aforesaid amount in favour of the Plaintiff and against the Defendants; and
- Award the cost of present proceedings in favour of the Plaintiff and against the Defendants.
- Any other or further relief as deemed fit and proper in the facts and circumstances of the case may also be granted in favour of the Plaintiff and against the Defendant.
AND FOR THIS ACT OF KINDNESS THE PLAINTIFF HEREIN SHALL FOREVER BE DUTY BOUND.
(Counsels for the Plaintiff)
Date: 25th April 2021
Verified at New Delhi on this 25th day of April, 2021 that the contents of paras 1 to 19 of the Plaint are true and correct to my knowledge whereas the contents of paras 20 to 24 are believed to be true and correct on the legal information received. The last para contains prayers made to this Hon’ble Court.