IN THE HIGH COURT OF GUJARAT

ORDINARY ORIGINAL CIVIL JURISDICTION

SUMMARY SUIT NO.__________ OF 2017

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

Founders publications

Through its authorized representative )

_______________

having his address at

Plot No.1215,Phase III, GIDC., Wadhwan )..Plaintiff )

V/s.

Shubham Super Stores

Through its authorized representative

Mr.Arvind Upadhyay)

Having his address at

Parnakuti society, Plot No.417,

Shop No.43, Sector No.4 Charkop,

Kandiwali(W) Mumbai...Defendant )

THE PLAINTIFF ABOVE NAMED STATES AS UNDER:

1. I state that the Plaintiff is a company which is in the business of manufacturing and

publication of notebooks and stationery. The manufacturing and publication unit is situated at

Surendranagar while its distribution and marketing is extended to pan India. I state that

Defendant is doing the retail business of books and stationery. The Plaintiff and the Defendant

have the address as mentioned in the cause title.

2. The plaintiff was approached in 2016 by the representative of the defendant Mr.Arvind

Upadhyay for supply of notebooks and stationery to them.

3. The plaintiff on believing the representations made by the defendant to be true entered into an

agreement with the defendant for sale of notebooks and stationery in 2016.

4. The plaintiff states that as per the terms in the agreement the plaintiff has supplied notebooks

and stationery to the defendant from time to time. However, the defendant has only given part

payment of Rs. 200,000/-(Rupees two lakh only) out of total outstanding amount of Rs.

11,19,132/-(Rupees Eleven lakh nineteen thousand one hundred thirty two only)

5. The Plaintiff states that repeated attempts were made to recover the amount of

9,19,132(Rupees Nine lakh nineteen thousand one hundred thirty two only) due to the

plaintiff. However, the Defendants have not responded to the repeated requests for payment

from the plaintiff.

6. The Plaintiff though discharged his obligation under the agreement and supplied the

notebooks and stationery; the Defendant failed and neglected in their duty to pay the amount

of Rs. 9,19,132 (Rupees Nine lakh nineteen thousand one hundred thirty two only) due to the

plaintiff.

7. The Plaintiff states that the defendant is liable to pay the sum of Rs. 9,19,132 (Rupees Nine

lakh nineteen thousand one hundred thirty two only) due to the plaintiff with interest thereon

at ____% from _____ to_____. The Plaintiff states that the defendant admitted their liability

and there is no defence whatsoever or any justifiable dispute. The Plaintiff states that the

amount of Rs. 9,19,132(Rupees Nine lakh nineteen thousand one hundred thirty two only) is

due and payable by the Defendant to the Plaintiff and the Defendant has admitted the

liability.
8. 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.

9. The Plaintiff states that in the circumstances the Plaintiff is entitled to the decree of Rs.

9,19,132(Rupees Nine lakh nineteen thousand one hundred thirty two only) due to the plaintiff

with interest thereon @___ % p.a. from _______ to ____________ against the defendant and

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

10. The Plaintiff states that the defendant has their office in Mumbai. The Plaintiff is carrying on

business in Gujarat; the contract was entered into at Gujarat. The Plaintiff states that the whole

cause of action has arisen in Gujarat and this Hon'ble Court has jurisdiction to try and

entertain the above suit.

11. 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.

12. The plaintiff submits that no part of the claim in the suit is barred by law of limitation.

13. The Plaintiff states that the Plaintiff values the suit at Rs. 9,19,132 (Rupees Nine lakh

nineteen thousand one hundred thirty two only)due to the plaintiff and pays the court fees

accordingly.

14. 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

Rs9,19,132(Rupees Nine lakh nineteen thousand one hundred thirty two only)due to the

plaintiff with further interest thereon @___% p.a. of Rs. 9,19,132(Rupees Nine lakh
 nineteen thousand one hundred thirty two only) due to the plaintiff from the date of suit till

decree and thereafter till realization.

b) For cost;

c) For such other and further reliefs which this Hon'ble court may deem fit and proper

PLAINT DRAW BY ME,

(Mahendra Bhavsar and Co.)

ADVOCATE FOR THE PLAINTIFF Authorized representative of PLAINTIFF

Verification

I, ________, aged about __ years the Authorized representative of plaintiff above named 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 Ahmedabad ]

THIS DAY OF July 2017 ]

BEFORE ME

(Mahendra Bhavsar and Co.)

ADVOCATE FOR THE PLAINTIFF