IN THE COURT OF THE DISTRICT JUDGE, DELHI IN THE COURT OF THE DISTRICT JUDGE, DELHI IN THE COURT OF THE DISTRICT JUDGE, DELHI

Suit No……............../2025

(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

In the matter of .......................

Through its Director........................... 

: Plaintiff

VERSUS

1. M/s ( company).......................................

2. Managing Director...................................

3. Finance Director.......................................

4. Director.................................................... 

: Defendants

SUMMARY SUIT UNDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR THE RECOVERY OF  ₹ ……….ONLY

Most respectfully submitted

1. The plaintiff is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at ..... and the complainant is having its branch office in Delhi at the above address. The Complainant Company engaged in the business of ...... The present complaint is filed through Mr...... Director who is competent to file this complaint on behalf of the Company.
2. The Defendant No.1 is a company incorporated under the provisions of the companies Act. 1956 having its registered office in Delhi at above address . ( 'the defendant company). The Defendant company is engaged in business of ..............
3. The Defendant NO 2 is the Managing Director, the defendant No. 3 is the Finance Director and the defendant No. 3 is the Director of the defendant No.1 company and wholly responsible for the conduct of the defendant company. The day to day affairs of the defendant company are managed by defendant No.2 to 4 and as such they are in control of the affairs of the defendant company & liable of all the facts and deeds committed by the defendant company.
4. The defendant No.2 placed an order with the Complainant company on dated... for the supply ....... The plaintiff company supplied the above machines on Dated......and the accused No.1 had taken delivery of the machines on dated .........vide delivery challan No. dated..... The complainant company had raised an Invoice No...............dated................for Rs............ (Rs...........) on the accused No.1 company.
5. That the accused No.1 company through the hands of accused No. 3 issued a cheque drawn on........ bearing No. ......... dated......for Rs. In discharge of the above liability.
6. That the Plaintiff company presented the above said cheque for collection through its bankers.............. & to its dismay found that the cheque was returned unpaid on dated............ for want of sufficient funds in the A/c of the defendant company.
7. That the plaintiff company had immediately sent a legal notice on dated........to the accused company demanding therein the payment of Rs......... within 15 days of the receipt of the notice. The above notice of demand was received by the accused on dated.........
8. That the defendant company had failed to make payment of Rs......with in 15 days from the date of receipt of statutory notice. The plaintiff has filed a Complaint No. ......... Under section 138 of the Negotiable Instrument Act, 1881 which is pending before the Metropolitan Magistrate , Delhi.
9. The defendant thus, owes a sum of Rs...... (Rs. ......only )...to the plaintiff towards the principal amount alone. Moreover, the defendant are liable to pay overdue interest on the above said principal amount at the rate of 24% per annum from the date of.........The defendants are, therefore, liable to pay to the plaintiff a sum of Rs.......(Rs....only) towards principal and interest as on the date of filing of this suit.
10. The claim made in the present suit fully falls within the ambit of Order XXXVII of the Code of Civil Procedure, 1908 & no amt. which does not fall within this provision has been claimed in the present suit.
11. The cause of action arose in favour of the plaintiff against the defendants for the first time on dated........... when the plaintiff supplied goods to the defendant company. It further arose on dated........ when the defendants issued a cheque for the payment of the debt due it again arose on .....when the said cheque was returned unpaid it again arose on.....when the plaintiff demanded the payment from the defendant. The cause of action is a continuing one & it still continues, as the defendants have not yet made the payment of the debt due to the plaintiff company.
12. The plaintiff has its branch office in Delhi. The defendant company has its registered office in Delhi and the other defendants are also residing in Delhi. The defendants are to make the payment to the plaintiff in Delhi. Hence this Hon'ble Court has jurisdiction to try and decide this suit.
13. The plaintiff has valued this suit for the purposes of jurisdiction and court fee at ₹ ....... (₹.........only) and accordingly paid an ad-valorem court fee of ₹…....

PRAYER

It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to :- 

1. Issue summon of the suit to the defendants in Form No.4 as prescribed in Appendix –B
2. Pass a joint and several money decree for a sum of Rs. ..... (Rs....only) in favour of the plaintiff against the defendants alongwith pendente lite and future interest.
3. Allow the costs of the suit.
4. Grant any further relief or reliefs, as the case may be, as this Hon'ble Court maydeem fit and proper in the circumstances of the case.

Plaintiff

Through

Counsel for the plaintiff

New Delhi........

Dated.........

VERIFICATION 

I.........Director of the above-named plaintiff company do hereby verify that the contents of paragraphs 1 to 9 are true and correct to the best of my knowledge and information obtained from the records of the company while the contents of paragraphs 10 to 13 are based on legal advise received and believed to be true by me whereas the last paragraph is the prayer to this Hon'ble Court. Verified at New Delhi on this .....day of .....20….

Plaintiff

IN THE COURT OF THE DISTRICT JUDGE, DELHI IN THE COURT OF THE DISTRICT JUDGE, DELHI IN THE COURT OF THE DISTRICT JUDGE, DELHI

Suit No……............../2025

IN THE MATTER OF :

................ Plaintiffs)

Versus

............ Defendant(s)

LIST OF DOCUMENTS

Sl No………....Particulars………………………………………….Page No…..

1…………………………..

2…………………………..

3…………………………..

4…………………………..

Plaintiff

Through

Date

Place