NATIONAL LAW INSTITUTEUNIVERSITY, BHOPAL

DRAFTING, PLEADING AND CONVEYANCE

SEMESTER – VI

ASSIGNMENT-3

“PLAINT”

Submitted by Submitted to

Aviral Singhai (2022BALLB32) Asst. Professor

Ryan Bang (2022BALLB01) Abhishek Negi

 INDEX

S. No. Particulars Page No.

1. Plaint 3-4
2. Prayer 5
3. Affidavit 6-7
4. Copy of the Agreement (Relevant Portion) (Annexure A) 8
5. Bank Transaction Receipt for Advance Payment (Annexure B) 9
6. Payment Terms as per Agreement (Annexure C) 10
7. Emails Sent for Delivery Reminders (Annexure D) 11-12
8. Legal Notice for Breach of Contract (Annexure E) 13-14
9. Invoice for Alternative Procurement (Annexure F) 15
 BEFORE THE CIVIL JUDGE 02, PATIALA HOUSE DISTRICT COURT

CIVIL SUIT NO. XX/2025

IN THE MATTER OF

Amit Kumar,
S/o Sumit Kumar,
R/o 44/3, Green Avenue, Delhi. ……………PLAINTIFF

VERSUS

Mohit Sharma,
S/o Rohit Sharma,
R/o 456, Blue Street, Delhi. ……………DEFENDANT

SUIT FOR RECOVERY OF RS. 1,00,000/- ALONG WITH INTEREST AND

DAMAGES

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is filing this suit for recovery of Rs. 1,00,000/- along with interest as
well as damages against the Defendant.
2. That the Plaintiff, Amit Kumar, is a law-abiding citizen engaged in sale of electronic
goods residing at 44/3, Green Avenue, Delhi.
3. That the Defendant, Mohit Sharma, is also a resident of Delhi and is engaged in the
business of electronic gadgets.
4. That on January 15, 2023, the Plaintiff and the Defendant entered into a legally
binding contract for the supply of 500 units of electronic gadgets. The same was to be
supplied by March 1, 2025. A copy of the relevant portion of the agreement is
attached herewith and marked as Annexure A.
5. That as per the terms of the contract, the Plaintiff paid an advance amount of Rs.
1,00,000/- at the time of signing on January 15, 2023. The same was transferred to the
defendant through ICICI Bank and the copy of the transaction is attacked herewith
and marked as Annexure B.
6. That the remaining balance of Rs. 4,00,000/- was to be paid upon delivery of the
goods on or before March 1, 2023. The relevant portion of the agreement is attached
herewith and labelled as Annexure C.
7. That the Defendant failed to deliver the said goods on March 1, 2023, as per the
agreed terms and conditions.
8. That despite repeated requests and reminders by the Plaintiff sent via email, the
Defendant neither delivered the goods nor provided any explanation for the non-
performance of the contract. The relevant emails have been attached herewith and
labelled as Annexure D.
9. That after several unsuccessful attempts at amicable settlement, the Plaintiff was
constrained to send a legal notice dated April 15, 2023, demanding either the delivery
of the goods or a refund of the advance payment. A copy of the legal notice is
attached herewith and marked as Annexure E.
10. That despite the legal notice, the Defendant has failed to comply with the demands,
and to date, neither the goods have been delivered nor the advance payment refunded.
11. That the Defendant’s failure to deliver the goods on time compelled the Plaintiff to
procure the required goods from an alternative source at a cost of ₹5,80,000, resulting
in an additional expenditure of ₹80,000. This unforeseen financial burden was
directly caused by the Defendant’s breach of contract. A copy of the invoice for the
same is attached herewith and marked as Annexure F.
12. That the Defendant’s failure to fulfil contractual obligations constitutes a breach of
contract as the Plaintiff relied on the timely delivery of goods for his electronics shop,
particularly as March is a festive season with heightened sales opportunities. The
Defendant’s delay has caused significant business losses of at least Rs. 50,000 and
hindered the Plaintiff’s ability to capitalize on this crucial sales period.
13. That the cause of action for filing the present suit arose on March 1, 2023, when the
Defendant failed to deliver the goods, and continues to subsist till date as the
Defendant has not refunded the amount or fulfilled his contractual obligation.
 14. That this Hon’ble Court has jurisdiction to entertain the present suit as the transaction
took place within its territorial jurisdiction, and the Defendant resides within the
jurisdiction of this Court.
15. That requisite court fees of Rs. 6,900 have been paid along with the present suit.

PRAYER

In light of the aforesaid facts and circumstances, it is therefore most respectfully prayed that
this Hon’ble Court may be pleased to:

(a) Pass a decree in favour of the Plaintiff for the recovery of Rs. 1,00,000/- along with
interest at the rate of 18% per annum from the date of default (March 1, 2023) till
realization;
(b) Award damages for the non-performance of the contract and breach of trust, as
deemed fit by this Hon’ble Court, including the additional expenditure of Rs. 80,000
for the additional cost incurred by the Plaintiff in procuring the goods from an
alternative source;
(c) Award pendent lite and future interest @18% per annum on the said amount;
(d) Award the costs of the suit in favor of the Plaintiff; and
(e) Pass any other order(s) or direction(s) as this Hon’ble Court may deem fit and proper
in the interest of justice.

PLAINTIFF

THROUGH

COUNSEL
 BEFORE THE CIVIL JUDGE 02, PATIALA HOUSE DISTRICT COURT

CIVIL SUIT NO. XX/2025

IN THE MATTER OF:-

Amit Kumar
S/o Sumit Kumar,
R/o 44/3, Green Avenue,
Delhi-110011 ….……………………. PLAINTIFF

VERSUS

Mohit Sharma
S/o Rohit Sharma,
R/o 456, Blue Street,
Delhi-110065 …………………….DEFENDANT

AFFIDAVIT UNDER SECTION 63 OF BHARTIYA SAKSHYA ADHINIYAM ON

BEHALF OF THE PLAINTIFF

I, Amit Kumar, S/o Sumit Kumar, aged about 35 years, R/o 44/3, Green Avenue, Delhi-
110011, do hereby solemnly affirm and declare as under:

1. That I am the Plaintiff in the present case and fully competent to swear this affidavit.
2. That I am relying on electronic evidence in support of my claim of the Defendant’s
failure to deliver goods and lack of any explanation for the same.
3. That the following electronic records are being submitted as evidence:
a. Copies of emails sent to the Defendant requesting delivery and seeking
clarification.
4. That the above-mentioned electronic records have been obtained from my personal
devices and email account, and they have not been tampered with in any manner.
5. That the electronic evidence is produced in compliance with Section 63 of the
Bhartiya Sakshya Adhiniyam, 2023.
DEPONENT

VERIFICATION

Verified that the contents of the above affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed there from.

Verified at New Delhi on this 18th Day of February 2025.

DEPONENT
 ANNEXURE - A

7. Supply of Goods
The Supplier agrees to supply 500 units of electronic gadgets to the Buyer on or before
March 1, 2023. The time is of the essence here as the Buyer needs to make the goods
available at his shop.

8. Delivery Terms
The Supplier shall ensure that the goods are delivered in accordance with the agreed
specifications, quality standards, and within the stipulated timeframe.
 ANEXURE – B

ICICI Bank - Transaction Receipt

Transaction Date: January 15, 2023

Transaction Time: 14:30 IST

Sender Details:

 Name: Amit Kumar

 Account Number: [XXXXXX1234]
 Bank Name: ICICI Bank

Recipient Details:

 Name: Mohit Sharma

 Account Number: [XXXXXX5678]
 Bank Name: ICICI Bank

Transaction Details:

 Amount Transferred: Rs. 1,00,000/-

 Transaction Reference Number: TXN123456789
 Payment Mode: NEFT/RTGS/IMPS
 Status: Successful

Remarks: Advance payment for the supply of 500 electronic gadgets as per contract dated January
15, 2023.
 ANNEXURE – C

11. Advance Payment:

As per the contract dated January 15, 2023, the Buyer needs to pay an advance amount of
Rs. 1,00,000/- to the Supplier at the time of signing the agreement.

12. Balance Payment:

The remaining balance of Rs. 4,00,000/- shall be paid by the Buyer upon delivery of the
goods on or before March 1, 2023.

13. Payment Mode:

The balance payment shall be made via bank transfer to the Supplier’s designated account
upon successful delivery and inspection of the goods.

14. Contractual Obligation:

This payment structure is in accordance with the terms mutually agreed upon in the contract.
Any failure in delivery or payment shall be subject to the legal remedies available under the
contract.
 ANNEXURE – D

Email 1 – Initial Reminder

From: [email protected]
To: [email protected]
Date: 3 March, 2023
Subject: Urgent: Status Update on Delivery of Goods

Dear Mohit Sharma,

I hope this email finds you well. As per our contract dated January 15, 2023, the delivery of 500
electronic gadgets was scheduled to be completed on or before March 1, 2025. However, we have
not yet received any confirmation regarding the shipment.

Kindly provide an update on the status of the delivery at the earliest. Looking forward to your prompt
response.

Best regards,
Amit Kumar

Email 2 – Follow-up Reminder

From: [email protected]
To: [email protected]
Date: 15 March 2023
Subject: Second Reminder: Non-Delivery of Goods

Dear Mohit Sharma,

This is a follow-up to my previous email dated 3 March 2025, regarding the delivery of the 500
electronic gadgets as per our contract. We have yet to receive the goods or any communication from
your end explaining the delay.

Please treat this as an urgent matter and provide an immediate response. In case of further non-
compliance, we may be compelled to explore legal remedies.

Awaiting your prompt reply.

Best regards,
Amit Kumar

Email 3 – Final Notice

From: [email protected]
To: [email protected]
Date: 31 March 2023
Subject: Final Notice: Failure to Deliver Contracted Goods
Dear Mohit Sharma,

Despite multiple reminders, we have not received the delivery of the 500 electronic gadgets as per
our agreement, nor have we received any explanation for the delay. This constitutes a material breach
of contract.

This email serves as a final notice before we initiate legal proceedings to recover our advance
payment and claim damages. Kindly respond within 5 days to resolve the matter amicably.

Sincerely,
Amit Kumar
 ANNEXURE – E

NOTICE FOR BREACH OF CONTRACT AND RECOVERY OF DUES

Date: April 15, 2023

From:
Amit Kumar
S/o Sumit Kumar,
R/o 44/3, Green Avenue, Delhi.

To:
Mohit Sharma
S/o Rohit Sharma,
R/o 456, Blue Street, Delhi.

Subject: Legal Notice for Breach of Contract – Non-Delivery of Goods

Dear Mr. Mohit Sharma,

Under instructions and authority from my client, Amit Kumar, I hereby serve upon you the present
Legal Notice as follows:

1. That my client entered into a contract with you on January 15, 2023, for the purchase of 500
units of electronic gadgets at a total price of Rs. 5,00,000/-. A copy of the contract is attached
for your reference.
2. That as per the terms of the contract, an advance payment of Rs. 1,00,000/- was made to you
via bank transfer at the time of signing the agreement, and the remaining balance of Rs.
4,00,000/- was to be paid upon successful delivery of the goods.
3. That it was clearly agreed that the goods were to be delivered on or before March 1, 2023, as
time was of the essence in this contract.
4. That despite repeated reminders and requests, you failed to deliver the goods within the
stipulated period, thereby committing a material breach of the contract.
5. That due to your failure, my client was compelled to procure the goods from an alternative
supplier at a higher cost of 5,80,000, thereby suffering additional financial losses of 80,000.
6. That my client made several attempts to reach out to you through phone calls, emails, and
personal visits, but you have remained unresponsive and failed to fulfill your contractual
obligations.
7. That my client, being left with no other option, now demands the immediate refund of Rs.
1,00,000/- paid as advance, along with interest at the rate of 18% per annum from March 1,
2023, till the date of realization.
8. That my client also claims damages of Rs. 50,000 for loss of business and mental agony and
harassment suffered due to your breach of contract.
9. That my client further claims litigation expenses, which he is entitled to recover from you.
10. That in total, my client demands Rs. 2,30,000 plus interest at 18% per annum on Rs.
1,00,000/- from March 1, 2023, until full realization.

Therefore, through this legal notice, you are hereby called upon to:
(a) Pay the total sum of Rs. 2,30,000 along with interest at 18% per annum on Rs. 1,00,000/- from
March 1, 2025, till realization.

(b) Refund the advance payment of Rs. 1,00,000/- immediately.

(c) Compensate my client for the additional costs incurred due to your failure to deliver the goods.

11. That failure to comply with this legal notice within 15 days from the date of receipt shall
compel my client to initiate legal proceedings against you in a court of law, at your sole risk,
cost, and consequence.
12. That this notice is issued to you without prejudice to any other legal remedies available to my
client under the law.

Regards,
Aviral Singhai
(Advocate for Amit Kumar)
Mobile: +91 9999999999
Email: [email protected]
 ANNEXURE – F

Date: 6 April, 2023

Invoice No.: 001/2023

From:
Gada Electronics
A,123, Bike road,
Delhi, India
+91 90909090009

To:
Amit Kumar
44/3, Green Avenue
Delhi, India
+91 90000090000

Description of Goods Quantity Unit Price Total Cost

(₹) (₹)
Electronic Gadgets (Alternative 500 units ₹1,160 ₹5,80,000
Procurement)