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.

Damshi Industries

Through its authorized representative

Having his address at

Gala No.17, Giriraj Industrial Estate

M.G. Textile Lane,

Narol, Ahmedabad...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

_________________ for supply of notebooks 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 in 2014.

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

to the defendant from time to time. However, the defendant has only given part payment of

Rs. 7,30,000 (Seven Lakh thirty thousand) out of total outstanding amount of Rs.

9,81,223(Nine Lakh eighty one thousand two hundred twenty three).

5. The Plaintiff states that repeated attempts were made to recover the amount of 2,51,222(Two

lakh fifty one thousand two hundred twenty two) 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; the Defendant failed and neglected in their duty to pay the amount of Rs. 2,51,222

(Two lakh fifty one thousand two hundred twenty two) due to the plaintiff.

7. The Plaintiff states that the defendant is liable to pay the sum of Rs 2,51,222 (Two lakh fifty

one thousand two hundred twenty two) 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.

2,51,222 (Two lakh fifty one thousand two hundred twenty two) 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.

2,51,222 (Two lakh fifty one thousand two hundred twenty two) 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 Gujarat. 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. 2,51,222 (Two lakh fifty one

thousand two hundred twenty two) 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 2,51,222(Two

lakh fifty one thousand two hundred twenty two)due to the plaintiff with further interest

thereon @___% p.a. of Rs.2,51,222 (Two lakh fifty one thousand two hundred twenty

two) 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