IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.__________ OF 2009 (Under O.

XXXVII, of the Code of Civil Procedure 1908)

ABCED Pvt. Ltd.

) Through its authorized representative _______________ ) Aged about 45 years , Occupation : Service, of Mumbai ) ) )

Indian Inhabitant, having his address )..Plaintiff V/s. 1. ABC Pvt. Ltd., ) Through its director )

THE PLAINTIFF ABOVENAMED STATES AS UNDER:

1.

I state that the Plaintiff is a company which is in the business of Information and technology in the name and style of ABC Pvt. Ltd. I state that Defendant is doing the business of Real estate. The Plaintiff and the Defendant have the address as

mentioned in the cause title.

2. The

Plaintiff on or about _____ day of __________2008, the through Noida, its representative to see the Mr. plot DEF of Kumar lands had for

Plaintiff visited

Gurgoan

development as I. T. Parks. I state that on visiting few sites the representative had applied for plots in I. T. Parks at Greater Noida to government of Uttar Pradesh for 20 acres land.

3. The

Defendant No. 1 through its representative Mr. AAA i.e.

Defendant No. 2 who is having its office NCR represented to the Plaintiff that the Defendant No. 2 has very good network and contact in the government department of Uttar Pradesh. The Defendant No. 2 also represented to the Plaintiff that his influence shall aid and assist the Plaintiff to quick and timely processing of the formalities with the government department to get the said plot of land allotted to the Plaintiff.

4. The

Plaintiff on believing the representations made by the No. 2 to be true, on 6th February 2008 an

Defendant

Memorandum of Understanding (MOU) was entered into between the Plaintiff through its Managing Director Mr. ADCD and Defendant No. 2 Mr. DIDK, Chief Managing Director of the Accused No. 1 under the terms and conditions as agreed under the said MOU. Hereto Annexed and marked as Exhibit A is a copy of Memorandum of Understanding dated 6th February 2008 entered into Plaintiff and Defendants.

5.

The Plaintiff states that as per the understanding in the MOU dated 6th February 2008 Defendant No. 2 shall take 50 lakhs as security money from Plaintiff which is refundable and if allotment is not done within 30 days then said amount was to be refunded back to the Plaintiff. The Plaintiff state that accordingly

through Real time Settlement (RTGS) funds transfer application form, the Plaintiff issued cheque No. 264000 dated 7th February 2008 drawn on HDFC Bank to Defendant No. 1 for Rs. 50,00,000/(Rupees Fifty Lakhs Only). Hereto annexed and marked as Exhibit B is the said receipt of RTGS for the same.

6. The

Plaintiff states that thereafter the Defendant No. 2

again demanded a sum of Rs. 1,00,00,000/- (Rupees One Crore Only) stating that there in increase in the value of Plot of land which the Plaintiff wanted to purchase for the

development as I. T. Parks. The Plaintiff states that the on demand the Plaintiff paid the said amount by cheque no. 792342 and cleared on 7th March 2008 drawn on UCO bank Worli branch to the Defendant No. 2 Mr. DEF BBB, CMD of Defendant No. 1 BBB Buildcon Pvt. Ltd. Hereto annexed and marked as Exhibit C is cheque no. 792342 and cleared on 7th March 2008 drawn on UCO bank Worli branch.

7. The

Plaintiff states that the above money paid through RTGS

and cheque are duly credited to the Bank account of the Defendant No.1. The Plaintiff further states that the said amounts has been duly paid upon the demand and

representation made by the Defendant No. 2 that he would aid and assist the Plaintiff for the purchase of the 20 acres

plot of land at Noida Gurgoan which the Plaintiff believed to be true. Hereto annexed and marked as Exhibit D is

account statement of the Plaintiffs Bank showing that the said amount have been duly credited into the account of the Defendant No. 1.

8. The

Plaintiff states that thereafter the Plaintiff contacted

Defendant No. 2 to enquire whether the said 20 acres of plot of land has been allotted to Plaintiff or not. Upon inquiry the Plaintiff was informed by the Defendant No. 2 that no land was allotted to the Plaintiff. The Plaintiff states that as no land was allotted the Plaintiff demanded its money of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) to be refunded so paid to the Defendants.

9. The

Plaintiff states

that

on

repeated

oral

requests

and

reminders Defendant No. 1 had issued two cheques viz. 863824 and 863801 dated 8/3/2008 and 15/3/2008 drawn on Centurion Bank of Punjab 5,6,7, Paras Down Town Centre DLF Golf Course Road, Sec-53, DLF (Rupees Phase One V Gurgoan-122 Only)and 022 Rs. for Rs.

1,00,00,000/-

Crore

50,00,000/-

(Rupees Fifty Lakhs Only)respectively. Hereto annexed and marked as Exhibit E and Exhibit F are the twoviz. 863824 and 863801 dated 8/3/2008 and 15/3/2008 drawn on Centurion Bank of Punjab 5,6,7, Paras Down Town Centre DLF Golf Course Road, Sec-53, DLF Phase V Gurgoan-122 022 for Rs.

1,00,00,000/- (Rupees One Crore Only)and 50,00,000/-(Rupees Fifty Lakhs Only)respectively. The Plaintiff states that the issuance of the cheque confirms the fact that the Defendants

accept the liability Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) which they have towards the Plaintiff.

10.

The Plaintiff states that the said two cheques were

deposited with M. D. C. C. bank 207, D. N. Road, Mumbai -1 head office on 2nd July 2008 for Rs. 1,00,00,000/-(Rupees One Crore Only)and on 4th July 2008 for Rs. 50,00,000/-(Rupees Fifty Lakhs Only)respectively. I state that the said two cheques were dishonoured for the reasons mentioned in the memo issued by Centurion Bank of Punjab. The Plaintiff

states that on or about ______ date spoke to Defendant No. 2 about the refund of the monies however Defendant No. 2 gave evasive answers and deliberately and willfully tried to stop taking contact promised calls. the The Plaintiff No. 2 again and tried on to contact contacted due the he and

Defendant he

being said

that

shall

refund

the

amount

payable to Plaintiff. The Defendant has till today not paid the said amount.

11.

The Plaintiff states that the defendant in fact has

confirmed the said amount from time to time and admitted the liability, however refusing to pay the said amount without any justifiable or lawful reason. the Defendant however failed and The Plaintiff states that neglected to make the

payment of the said amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only). The Plaintiff though discharged his obligation under the said MOU and parted with the amount for purchase of the plot of 20 acres land; the Defendant failed

and neglected in their duty to get the said plot allotted in the name of the Plaintiff and as also to refund the said admitted balance amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)so given for the purchase of the plot of land.

12.

The

Plaintiff

states

that

in

the

circumstances

the

Plaintiff was left with no alternative but to give legal notice and accordingly on 29th May 2009 the Plaintiff sent

the legal notice and recorded the aforesaid facts and called the defendant to make payment of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)with 21% interest from _____ to _____ of payment by the by said the Plaintiff to notice Defendant. recorded The the

Plaintiff

Advocate's

aforesaid fact that if within 7 days the Defendant if failed to make payment of the One said crore admitted Fifty amount Lakhs of Rs. the

1,50,00,000/-

(Rupees

only)

plaintiff will adopt the appropriate cost of the Defendants. The

proceedings at the states that the

Plaintiff

Defendant duly received the said legal notice however did not make payment of the said amount. The Plaintiff states that in the circumstances the Defendant is truly and indebted to the plaintiff One for the sum justly of Rs. The

1,50,00,000/-

(Rupees

crore

Fifty

Lakhs

only).

Plaintiff states that the Defendants though liable to pay the said amount in law are avoiding to make payment of the said amount without there being justifiable reason. Hereto annexed and marked Exhibit G is the copy of the Advocates Notice dated 29th May 2009. The Plaintiff states that the

Defendant neither made the payment nor replied to the said Advocate Notice.

13.

The Plaintiff states that the defendant is liable to

pay the sum of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) with interest thereon at 21% from _____ to_____. The Plaintiff and states there that is the defendant admitted or their any

liability

no

defence

whatsoever

justifiable dispute. The Plaintiff states that the amount of Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only)is due and payable by the Defendant to the Plaintiff and the

Defendant has admitted

the liability.

14.

The Plaintiff states that the Plaintiff has not claimed

any reliefs beyond the scope of order 37 Rule 1 of CPC. The Plaintiff states that in the facts and circumstances

mentioned hereinabove the suit is maintainable as summary suit under Order 37 Rule 1 of CPC.

15.

The

Plaintiff

states

that

in

the

circumstances

the

Plaintiff is entitled to the decree of Rs. 1,50,00,000/(Rupees One crore Fifty Lakhs only) with interest @21 % p.a. from _______ to ____________ thereon the

against

defendant and in favour of the plaintiff. The plaintiff is also entitled to the cost.

16.

The

Plaintiff

states

that

the

defendant

has

their

office in Gurgoan. The Plaintiff is carrying on business in Bombay, the contract was entered into at Bombay. The

Plaintiff states that the whole cause of action has arisen in Bombay and this Hon'ble Court has jurisdiction to try and entertain the above suit.

17.

The plaintiff has not filed any other suit either in

this Hon'ble court or any other court or in the Apex court concerning the subject matter of the case.

18.

The plaintiff submits that no part of the claim in the

suit is barred by law of limitation.

19.
suit

The Plaintiff states that the Plaintiff values the at Rs. 1,50,00,000/(Rupees One crore Fifty Lakhs

only) and pays the court fees accordingly.

20. The Plaintiff will rely upon the list of documents a list whereof is annexed.

The Plaintiff therefore prays: a) By a decree and judgment in plaintiff's favour and against the defendant for Rs. 1,50,00,000/- (Rupees One crore Fifty Lakhs only) with further interest thereon @21% p.a. of Rs.

1,50,00,000/- (Rupees One crore Fifty Lakhs only) from the date of suit till decree and thereafter till realization. b) c) For cost; For such other and further reliefs which this Hon'ble court may deem fit and proper

PLAINT DRAW BY ME,

(SRM Law Associates) ADVOCATE FOR THE PLAINTIFF

Bharat V. Jani Authorized representative of PLAINTIFF

Verification I, Bharat V. Jani, aged about 45 years the Authorized

representative of plaintiff abovenamed do hereby Solemnly declare that what is stated in the foregoing paragraphs No.__ to __ is true to my own knowledge and what is stated in the remaining

paragraphs

No.__ to __ is based on information and belief and I

believe the same to be true.

SOLEMNLY DECLARED AT BOMBAY THIS DAY OF July 2009

] ]

BEFORE ME (SRM Law Associates) ADVOCATE FOR THE PLAINTIFF

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. (Order 37, of C.P.C.) OF 2009

ABC Pvt. Ltd. ..Plaintiff V/s.

1.

BBB Buildcon Pvt. Ltd.& Anr. ..Defendant

PLAINT DATED THIS DAY OF SEP., 2007

SRM Law Associates ADVOCATE FOR THE PLAINTIFF 306, VARDHAMAN CHAMBERS 17-G, CAWASJI PATEL STREET

FORT, MUMBAI-400 001. I am not the member of the welfare scheme therefore Rs.2/- stamp not affixed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. (Under O.XXXVII, OF 2009

of the Code of Civil Procedure 1908)

ABC Pvt. Ltd.

) Through its Authorized representative Mr. Bharat M. Jani ) Aged about 45 years , Occupation : Service, of Mumbai Indian Inhabitant, having his address ) A/5, Borkar Compound, Ganesh Nagar W.E. Highway, Borivli (E), Mumbai 400 066 )..Plaintiff V/s. 1. BBB Buildcon Pvt. Ltd., Through its director Mr.DEF BBB Aged about __ years, Occupation : _______________, having his address at NM/7, ) ) ) ) ) ) ) ) ) ) )

1stfloor, Old DLF, Gurgaon 122001 2. Mr.DEF BBB Aged about __ years, Occupation : _______________, having his address at NM/7, 1stfloor, Old DLF, Gurgaon 122001 Defendant ) )

) ) ) )

) ) ..

To, The Prothonotory & Senior Master, High Court, Bombay. Madam, I, the Plaintiff do hereby appoint SRM Law Associates,

Advocate, High Court, Bombay to act, appear and plead for me in the above matter. IN WITNESS WHEREOF I, hereby set and subscribe my hand to this writing at Bombay.

Dated this ACCEPTED:

day of July, 2009

(SRM Law Associates) Advocate, High Court, Bombay Plaintiff

Office Address: 306, Vardhaman Chambers, 17-G, Cawasji Patel Street, Fort, Mumbai 400 001. Resi. Address :

C-11, Tilak Complex, Shanti Ashram, Eksr Road, Borivli (W), Mumbai 400 103.

Regn. No.813 Mobile No. 9821029453 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. (Under O.XXXVII, OF 2009

of the Code of Civil Procedure 1908)

ABC Pvt. Ltd. V/s.

..Plaintiff

1. BBB Buildcon Pvt. Ltd. & Anr.

..Defendant

MEMO OF ADDRESS

ABC Pvt. Ltd. C/o. SRM Law Associates Advocate & Solicitor 306, Vardhaman Chambers, 17-G, Cawasji Patel street, Fort, Mumbai 400 001.

(SRM Law Associates) Advocate for the Plaintiff

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. OF 2009

(Under O.XXXVII, of the Code of Civil Procedure 1908)

ABC Pvt. Ltd. V/s.

..Plaintiff

1. BBB Buildcon Pvt. Ltd. & Anr.

..Defendant

THE LIST OF DOCUMENTS BY WHICH THE PLAINTIFF WILL RELY UPON:

1.

All the Exhibits annexed in the Plaint Other relevant documents.

2.

(SRM Law Associates) Advocate for the Plaintiff

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. OF 2009

(Under O.XXXVII, of the Code of Civil Procedure 1908)

ABC Pvt. Ltd. V/s.

..Plaintiff

1. BBB Buildcon Pvt. Ltd. & Anr.

..Defendant

Affidavit

I,

Bharat

Jani, of the

aged

about

45

years named

the

Authorized address at

representative

Plaintiff

above

having

address A/5, Borkar Compound, Ganesh Nagar, W.E. Highway, Borivli (E), Mumbai 400 066

1.

That I am well conversant with the facts and circumstances of

the case and are competent to depose for the same. I say that what is stated in the plaint is true to my own knowledge, belief and information. I say that for the sake of brevity, whatever is stated in the plaint may be treated as if reiterated herein in extenso.

2.

I say that if the reliefs are not granted in favour of the the Plaintiff will suffer grave harm, loss and

Plaintiff,

prejudice. Whereas no such harm, loss or prejudice will be caused to the Defendants if the reliefs as prayed for in the present suit

are granted in favour of the Plaintiff. The balance of convenience is in favour the Plaintiff.

3.

I, therefore pray that the reliefs asked for in the Plaint be

granted with costs.

SOLEMNLY AFFIRMED AT BOMBAY THIS __ DAY OF July, 2009

] ]

BEFORE ME,

Advocate for the Plaintiff