THE NATIONAL LAW INSTITUE UNIVERSITY, BHOPAL

DRAfTINg, PLEADINg AND CONVEYANCE

ASSIgNMENT-III

Submitted by

ISHARTH KUMAR

Roll Number: 2022BSCLLB17

PRIYANSHU DANU

Roll Number: 2022BSCLLB03

VI Semester

B.Sc. LL.B. (Hons.) [Cyber Security]

Submitted to

Asst. Prof. (Mr.) Abhishek Negi

 IN THE COURT OF THE HON’BLE DISTRICT JUDGE, SAKET DISTRICT
COURT , NEW DELHI

CIVIL SUIT NO. ____ OF 2024

IN THE MATTER OF:

Amit Kumar,

S/o Shri Aman Kumar,

R/o 44/3, Green Avenue,

Delhi - 110141 ...PLAINTIFF

VERSUS

Mohit Sharma,

S/o Shri Rohit Sharma,

R/o 456, Blue Street,

Delhi - 110101 ...DEFENDANT

SUIT FOR RECOVERY OF RS. 1,00,000/- WITH INTEREST AND DAMAGES FOR
BREACH OF CONTRACT

MOST RESPECTFULLY SHOWETH:

1. The plaintiff, Amit Kumar, is a resident of 44/3, Green Avenue, Delhi, and is engaged
in the business of trading electronic goods. The plaintiff is a reputable businessman
with a proven track record of fulfilling contractual obligations.
2. The defendant, Mohit Sharma, is a resident of 456, Blue Street, Delhi, and is engaged
in the business of supplying electronic gadgets. The defendant holds himself out as a
reliable supplier of electronic goods.
3. On January 15, 2023, the plaintiff and the defendant entered into a written contract for
the supply of 500 units of electronic gadgets. As per the terms of the contract, the
defendant agreed to supply 500 units of electronic gadgets to the plaintiff.
4. In consideration thereof, the plaintiff paid an advance amount of Rs. 1,00,000/- at the
time of signing the contract, with the remaining balance of Rs. 4,00,000/- to be paid
upon delivery. The agreed date for the delivery of the goods was March 1, 2023.A copy
of the contract is attached herewith as Annexure A.

5. The proof of payment, including records of the advance payment of Rs. 1,00,000/- made
at the time of signing the contract, has also been attached herewith as Annexure B.
6. On March 1, 2023, the defendant failed to deliver the goods as per the contract. The
plaintiff made multiple attempts to contact the defendant through phone calls, emails,
and in-person visits to seek clarification regarding the non-delivery. However, despite
repeated efforts, the defendant did not provide any explanation for the failure to deliver
the goods as per the agreed terms.
7. The plaintiff also sought assurances regarding the delivery timeline, but the defendant
remained unresponsive. Due to the lack of communication and failure to fulfill
contractual obligations, the plaintiff was left with no option but to seek legal recourse.
The proof of the plaintiff’s attempts to seek clarification from the defendant, including
records of phone calls, emails, and visit logs, has been attached herewith as Annexure
C.
8. On April 15, 2023, the plaintiff sent a legal notice to the defendant, demanding either
the delivery of the goods or a refund of the advance payment of Rs. 1,00,000/-. The
defendant did not respond to the legal notice, nor did he take any steps to fulfill his
contractual obligations. A copy of the legal notice has been annexed herewith as
Annexure D.
9. As of the date of filing this plaint, the defendant has neither delivered the goods nor
refunded the advance payment, causing significant financial and reputational loss to the
plaintiff.
10. The contract between the plaintiff and the defendant was a valid and enforceable
agreement, as it was entered into by competent parties, for a lawful consideration, and
with a lawful object.
11. The terms of the contract were clear and unambiguous, and both parties were bound by
their respective obligations. The plaintiff fulfilled his obligation by paying the advance
 of Rs. 1,00,000/-, while the defendant was obligated to deliver the goods by March 1,
2023.
12. The defendant’s failure to deliver the goods on March 1, 2023, constitutes a clear breach
of contract, as the defendant failed to fulfill his obligation to perform his part of the
agreed terms under the contract.
13. The defendant’s actions also amount to a breach of trust, as the plaintiff relied on the
defendant’s assurances and paid a substantial advance amount.
14. The cause of action arose on March 1, 2023, when the defendant failed to deliver the
goods as per the contract, and further on April 15, 2023, when the defendant failed to
respond to the legal notice. The cause of action continues to subsist as the defendant
has not fulfilled his obligations.
15. The suit is within the period of limitation.
16. The present suit falls within the jurisdiction of this Hon’ble Court as both parties reside
and conduct business in Delhi, and the cause of action has arisen within its territorial
limits. Accordingly, this Hon’ble Court has the requisite territorial and pecuniary
jurisdiction to adjudicate upon the present matter.
17. The Plaintiff has not filed any suit against the Defendant and no suit is pending between
the parties in respect of the relief being claimed in this suit.
18. The plaintiff is entitled to recover the advance payment of Rs. 1,00,000/- with interest
at the rate of 12% per annum from the date of the advance payment (January 15, 2023)
until the date of realization. The plaintiff is also entitled to damages for the breach of
contract and the losses suffered by the plaintiff, quantified at Rs. 50,000/-.
19. The plaintiff has paid the requisite court fee of Rs. 3,000/- for the present suit, calculated
as follows:
a. Rs. 2,000/- for the recovery of Rs. 1,00,000/-.
b. Rs. 1,000/- for the claim of Rs. 50,000/- as damages.
The court fee has been paid in accordance with the Court Fees Act, 1870, and the Suits
Valuation Act, 1887, and the original court fee receipt will be produced before this
Hon’ble Court at the time of filing the plaint.
PRAYER

The plaintiff respectfully prays for the following reliefs:

a. A decree for the recovery of Rs. 1,00,000/- (the advance payment) with interest
at the rate of 12% per annum from the date of the advance payment (January
15, 2023) until the date of realization.
b. Damages for the breach of contract and the losses suffered by the plaintiff,
quantified at Rs. 50,000/-.
c. Costs of the suit.
d. Any other relief that this Hon’ble Court deems fit and proper in the interest of
justice.

PLACE: Delhi
DATE: 17.02.2025

Plaintiff
Amit Kumar
Through Counsel
 IN THE COURT OF THE HON’BLE DISTRICT JUDGE, SAKET DISTRICT
COURT , NEW DELHI

CIVIL SUIT NO. ____ OF 2024

IN THE MATTER OF:

Amit Kumar,

S/o Shri Aman Kumar,

R/o 44/3, Green Avenue,

Delhi - 110141 ...PLAINTIFF

VERSUS

Mohit Sharma,

S/o Shri Rohit Sharma,

R/o 456, Blue Street,

Delhi - 110101 ...DEFENDANT

AFFIDAVIT IN SUPPORT OF PLAINT

I, Amit Kumar, S/o Shri Aman Kumar, R/o 44/3, Green Avenue, Delhi, do hereby solemnly
affirm and declare as under:

1. That I am the Plaintiff in the present suit and well conversant with the facts and
circumstances of the case.

2. That the contents of the accompanying plaint, from paragraphs 1 to 17, have been read
by me and are true and correct to my knowledge and belief.

3. That I have not suppressed any material fact from this Hon'ble Court and have filed this
suit in good faith.

4. That the annexures attached with this plaint are true copies of the originals.
 DEPONENT

VERIFICATION:

I, Amit Kumar, the plaintiff herein, do hereby verify that the contents of the above plaint are
true and correct to the best of my knowledge and belief, and no part of it is false or
misleading.

DATED: 18/2/2023

PLACE: Delhi

SIGNATURE OF THE PLAINTIFF

(Amit Kumar)
 ANNEXURE A

CONTRACT

SUPPLY AGREEMENT

This Supply Agreement ("Agreement") is made and entered into on this 15th day of January
2023, by and between:

1. Amit Kumar, residing at 44/3, Green Avenue, Delhi, hereinafter referred to as the
"Buyer" (which expression shall, unless repugnant to the context, include his heirs,
successors, and assigns),

AND

2. Mohit Sharma, having his principal place of business at 21, Industrial Estate,
Noida, hereinafter referred to as the "Seller" (which expression shall, unless
repugnant to the context, include his heirs, successors, and assigns).

WHEREAS:

A. The Seller is engaged in the business of manufacturing and supplying electronic gadgets;
B. The Buyer desires to purchase 500 units of electronic gadgets from the Seller under the
terms and conditions set forth herein; C. The Seller has agreed to supply the said goods to the
Buyer under the agreed terms.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties hereto agree as follows:

1. SCOPE OF AGREEMENT

1.1 The Seller agrees to supply 500 units of electronic gadgets to the Buyer in accordance
with the specifications and requirements mutually agreed upon.

1.2 The Buyer agrees to purchase the said goods from the Seller under the terms stipulated in
this Agreement.

2. PURCHASE PRICE & PAYMENT TERMS

2.1 The total purchase price for the 500 units of electronic gadgets shall be Rs. 5,00,000/-
(Rupees Five Lakhs Only).

2.2 The Buyer has paid an advance amount of Rs. 1,00,000/- (Rupees One Lakh Only) to
the Seller on the date of signing this Agreement, receipt of which is hereby acknowledged by
the Seller.
2.3 The balance amount of Rs. 4,00,000/- (Rupees Four Lakhs Only) shall be payable by
the Buyer upon delivery of the goods at the Buyer’s specified location.

3. DELIVERY TERMS

3.1 The Seller shall deliver the 500 units of electronic gadgets to the Buyer at 44/3, Green
Avenue, Delhi on or before March 1, 2023.

3.2 The Seller shall ensure that the goods supplied are free from any defects and conform to
the agreed specifications.

3.3 In the event of any delay in delivery, the Seller shall immediately inform the Buyer in
writing regarding the revised delivery schedule and reason for the delay.

4. BREACH & NON-PERFORMANCE

4.1 If the Seller fails to deliver the goods by March 1, 2023, the Buyer shall have the right to:

a) Seek immediate delivery of the goods or demand a refund of the advance payment of Rs.
1,00,000/-.

b) Claim damages for any loss incurred due to non-performance by the Seller.

4.2 If the Seller fails to respond to the Buyer's requests for delivery or refund, the Buyer shall
be entitled to initiate legal proceedings to recover the advance payment along with interest
and damages.

5. LEGAL NOTICE & DISPUTE RESOLUTION

5.1 In the event of non-performance or breach of contract, the Buyer shall issue a written
legal notice to the Seller demanding compliance.

5.2 If the Seller fails to respond or take corrective action within 15 days of receiving the
notice, the Buyer reserves the right to seek legal remedy.

5.3 Any dispute arising out of or in connection with this Agreement shall be subject to the
exclusive jurisdiction of the courts in Delhi.

6. GENERAL PROVISIONS
6.1 This Agreement constitutes the entire agreement between the parties and supersedes all
prior negotiations, understandings, or agreements, whether written or oral.

6.2 No modification or amendment of this Agreement shall be valid unless made in writing
and signed by both parties.

6.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining
provisions shall continue to be in full force and effect.

7. EXECUTION

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.

SIGNED AND DELIVERED BY:

For and on behalf of the Buyer

Amit Kumar
(Signature)
Address: 44/3, Green Avenue, Delhi
Date: 15/01/2023

For and on behalf of the Seller

Mohit Sharma
(Signature)
Address: 21, Industrial Estate, Noida
Date: 15/01/2023

Annexures:

 Annexure A: Copy of the written contract.

 Annexure B: Proof of payment of Rs. 1,00,000/-.
 Annexure C: Correspondence records regarding breach of contract.
 ANNEXURE B

PROOF OF PAYMENT

PAYMENT RECEIPT

Receipt No.: 00123

Date: January 15, 2023

Received From:
Amit Kumar
Address: 44/3, Green Avenue, Delhi

Received By:
Mohit Sharma
Address: 21, Industrial Estate, Noida

Amount Received: Rs. 1,00,000/- (Rupees One Lakh Only)

Mode of Payment: Bank Transfer

Bank Transaction ID: TXN202301150001

Purpose of Payment:
Advance payment for the supply of 500 units of electronic gadgets as per the Supply
Agreement dated January 15, 2023.

Balance Amount Due: Rs. 4,00,000/- (Rupees Four Lakhs Only) payable upon delivery.

Signature & Stamp of Seller:

Mohit Sharma
(Authorized Signatory)
 ANNEXURE C

EMAILS

Email Communication Regarding Pending Delivery

Subject: Urgent: Non-Delivery of Electronic Gadgets – Immediate Response Required

Email 1: (Sent on March 2, 2023)

From: Amit Kumar ([email protected])
To: Mohit Sharma ([email protected])
Subject: Follow-Up on Delivery of 500 Electronic Gadgets

Dear Mr. Sharma,

I hope you are doing well. As per our agreement dated January 15, 2023, the delivery of 500
electronic gadgets was due on March 1, 2023. However, I have not received any update
regarding the dispatch or delivery.

Please provide an immediate update on the status of my order. Kindly confirm the delivery
timeline at the earliest.

Looking forward to your prompt response.

Best regards,
Amit Kumar

Email 2: (Sent on March 6, 2023)

From: Amit Kumar ([email protected])
To: Mohit Sharma ([email protected])
Subject: Urgent Reminder: Delivery of Electronic Gadgets

Dear Mr. Sharma,

I am writing to follow up on my previous email regarding the delivery of 500 electronic

gadgets. It has been several days past the agreed delivery date, and I have yet to receive any
response from your end.

Kindly treat this matter as urgent and update me on the expected delivery date immediately.

Awaiting your reply.

Best regards,
Amit Kumar
Email 3: (Sent on March 10, 2023)
From: Amit Kumar ([email protected])
To: Mohit Sharma ([email protected])
Subject: Final Reminder: Immediate Action Required on Pending Delivery

Dear Mr. Sharma,

This is my third attempt to reach you regarding the non-delivery of the electronic gadgets as
per our contract. Despite multiple emails and follow-ups, I have not received any response
from your side.

If I do not receive a satisfactory response within 48 hours, I will be left with no choice but to
take legal action to recover my advance payment and claim damages.

I urge you to respond immediately.

Sincerely,
Amit Kumar
CALL DETAILS

Caller Receiver Call

Date Time Call Outcome
Name Name Duration
March 2, 10:15 Amit Mohit
3 minutes No response, call unanswered
2023 AM Kumar Sharma
March 3, 2:30 Amit Mohit
5 minutes No response, voicemail left
2023 PM Kumar Sharma
March 5, 6:00 Amit Mohit Call declined, follow-up requested via
4 minutes
2023 PM Kumar Sharma email
March 7, 11:45 Amit Mohit Mohit answered, promised to respond
2 minutes
2023 AM Kumar Sharma via email, no response received
Call connected, Mohit claimed delay
March 9, 1:10 Amit Mohit
6 minutes due to supplier issues, no timeline
2023 PM Kumar Sharma
given
March 12, 9:30 Amit Mohit
3 minutes No response, call unanswered
2023 AM Kumar Sharma
March 14, 5:20 Amit Mohit Mohit assured delivery within a week,
7 minutes
2023 PM Kumar Sharma no follow-up action taken
March 18, 8:00 Amit Mohit
4 minutes No response, voicemail left
2023 PM Kumar Sharma
 ANNEXURE D

LEGAL NOTICE

LEGAL NOTICE

Date: April 15, 2023

To,
Mohit Sharma
21, Industrial Estate, Noida

Subject: Legal Notice for Breach of Contract and Non-Performance of Supply Agreement

Dear Mr. Mohit Sharma,

Under instructions and on behalf of my client, Amit Kumar, residing at 44/3, Green
Avenue, Delhi, I hereby serve you with this legal notice as follows:

1. That my client entered into a Supply Agreement with you on January 15, 2023,
wherein you agreed to supply 500 units of electronic gadgets to my client on or
before March 1, 2023.
2. That my client paid you an advance amount of Rs. 1,00,000/- (Rupees One Lakh
Only) at the time of signing the contract, with the remaining balance of Rs. 4,00,000/-
(Rupees Four Lakhs Only) to be paid upon delivery of the goods.
3. That despite repeated follow-ups and reminders, you failed to deliver the agreed
goods by the stipulated date and have not provided any response or assurance
regarding the same.
4. That my client made several attempts to contact you via phone calls, emails, and in-
person visits, all of which were ignored by you. Proof of such attempts has been
retained and can be produced as evidence.
5. That on account of your breach of contract and failure to perform your
obligations, my client has suffered significant loss and inconvenience. Therefore, you
are hereby required to either deliver the goods immediately or refund the advance
payment of Rs. 1,00,000/- along with interest at the rate of 12% per annum,
within 15 days from the receipt of this notice.
6. That in case you fail to comply with the above demand, my client shall be left with no
alternative but to initiate legal proceedings, both civil and criminal, against you at
your sole risk and cost.

This notice is being sent to you as a final opportunity to rectify the situation and avoid legal
action.

Sincerely,
Adv. Harvey Specter

Pearson Hardman