IN THE COURT OF DISTRICT JUDGE, KARKARDOOMA

COURT, DELHI

CS. No. ___________of 2024

Unipack Design LLP … Plaintiff

VERSUS

Nathu’s Sweet … Defendants

INDEX
S. No. Particulars Page No.

Plaintiff

Through

DIWAN ADVOCATES
Counsel for Plaintiff
C-69, LGF, Nizamuddin- East
New Delhi, India 110013
Tel- +91 11 41046363
New Delhi
Dated
 IN THE COURT OF DISTRICT JUDGE, KARKARDOOMA
COURT, DELHI

CS. No. ___________of 2024

Unipack Design LLP … Plaintiff

VERSUS

Nathu’s Sweet … Defendants

MEMO OF PARTIES

1. Unipack Design LLP,

through its Authorized representative
Registered Office address at: House No.182, Block I,
Ashok Vihar Phase-1, New Delhi-110052.
And
Block B, Plot No. 2589, Ground Floor,
DSIDC, Narela, Delhi-110040. …. Plaintiff
Versus

1. Nathu’s Sweet
19, Community Centre, New Friends
Colony, New Delhi-110065 .…Defendants

Plaintiff

Through

DIWAN ADVOCATES
Counsel for Plaintiff
C-69, LGF, Nizamuddin- East
New Delhi, India 110013
Tel- +91 11 41046363
New Delhi
Dated
 IN THE COURT OF DISTRICT JUDGE, KARKARDOOMA
COURT, DELHI

CS. No.___________of 2024

Unipack Design LLP … Plaintiff

VERSUS

Nathu’s Sweet … Defendants

SUIT FOR RECOVERY OF RS. 2,32,034.00/-

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a Limited Liability Partnership

(LLP), duly incorporated under the Limited Liability

Partnership Act, 2008 (as amended m time to time) and

having its registered office at the address mentioned in

the Memo of Parties. Shri Akanksh Gupta is the

authorized representative of the plaintiff Company and

is competent to sign verify and institute the present suit.

He is authorised to do so vide Resolution dated ---------.

2. That the financial year of the plaintiff LLP starts from 1 st

day of April of every year and ends with 31 st day of March

of the succeeding year. The plaintiff LLP maintains

regular books of accounts in the ordinary course of

business.

3. That in August, 2022, September, 2022 and in

November, 2022; the defendant approached plaintiff

through Shri Akanksh Gupta, Authorised Representative

 of the plaintiff company for manufacture and supply of

various high range consumer items like Box Bag, Non-

Woven Bag etc. and after some discussions it was

agreed that on receipt of demands (on line / on email /

on telephone), invoice would be raised and the payment

of goods will be made through cheque/ RTGS / NEFT /

any other lawful mode.

4. That the defendant made delayed payment of actual

amount against invoice no. UD/2022-23/134, dated

09.08.2022, for Rs. 62,968.00/- (Rupees Sixty Two

Thousand Nine Hundred and Sixty Eight only). However,

the defendant made no payments against the invoice nos.

UD/2022-23/185, dated 15.09.2022 amounting to Rs.

38,485.00/-(Rupees Thirty Eight Thousand Four

Hundred and Eighty Five only) and UD/2022-23/270,

dated 22.11.2022 amounting to Rs. 2,03,549.00/-(Rupees

Two Lacs Three Thousand Five Hundred and Forty Nine

only). Thereafter, defendant on 10.07.2023 made part

payment of Rs. 10,000/- (Rupees Ten Thousand only) on

account through NEFT on line without specifying the

invoice number against whom payments were made by

the defendant.

5. That the defendant placed orders for supply of goods vide

request dated 09.08.2022, 15.09.2022 and 22.11.2022

 accordingly the plaintiff raised invoice no. UD/2022-

23/134, dated 09.08.2022, amounting to Rs. 62,968.00/-

(Rupees Sixty Two Thousand Nine Hundred and Sixty

Eight only) including GST, invoice no. UD/2022-23/185,

dated 15.09.2022 amounting to Rs. 38,485.00/-(Rupees

Thirty Eight Thousand Four Hundred and Eighty Five

only) including GST and invoice no. UD/2022-23/270,

dated 22.11.2022 amounting to Rs. 2,03,549.00/-(Rupees

Two Lacs Three Thousand Five Hundred and Forty Nine

only) including GST for a total amount of Rs. 3,05,002/-

(Rupees Three Lacs Five Thousand and Two only).

6. That the defendant during the period 09.08.2022 to

31.03.2023 made payment on line through NEFT,

amounting to Rs. 62,968.00/- (Rupees Sixty Two

Thousand Nine Hundred and Sixty Eight only), leaving a

balance of Rs. 2,42,034/-(Rupees Two Lacs Forty Two

Thousand and Thirty Four only), despite plaintiff’s

request to clear the outstanding amount by the end of

financial year. After several requests, defendant on

10.07.2023 made payment on line through NEFT,

amounting to Rs. 10,000/- (Rupees Ten Thousand only),

leaving a balance of Rs. 2,32,034/-(Rupees Two Lacs

Thirty Two Thousand and Thirty Four only), despite

 plaintiff’s several request to clear the outstanding amount

pertaining to previous financial year.

7. That the plaintiff repeatedly requested defendant to clear

the balance outstanding amount of Rs. 2,32,034/-(Rupees

Two Lacs Thirty Two Thousand and Thirty Four only).

8. That as the outstanding payments were not received

within time as promised, plaintiff issued message dated

__________ requesting for payment of Rs. 2,32,034/-

(Rupees Two Lacs Thirty Two Thousand and Thirty Four

only) without interest followed by reminders dated

----------- and intimation to pay the outstanding with __%

interest.

9. Thus, a total amount of Rs. _____________/- including

interest @ _____% per cent per annum remains to be paid

by defendant. The plaintiff has been repeatedly

requesting the defendant to make payment of the

outstanding amount.

10. That the defendant despite repeated requests and

personal visits of the plaintiff did not make the payments

of the outstanding amount as aforesaid despite

assurances.

11. That the cause of filing of the present suit arose in August

2022 when the defendant approached the plaintiff for

 supply of goods/materials, it further arose when the

plaintiff agreed to supply the goods/materials August

2022, it also arose when the defendant raised demands of

goods/materials on the various dates, it further arose

when the plaintiff made supplies on various dates of

goods/materials, it again arose when the defendant made

part payments on account on the various dates through

NEFT on line, it also arose when defendant failed to pay

the said amount and kept on gaining more and more time

on one pretext or the other, it lastly arose when the

plaintiff issued a notice dated --------. As the defendant

failed to pay the amounts due along with interest as per

agreement inspite of repeated demands, the cause of

action still subsists.

12. That the value for the purpose of court fee and

jurisdiction is fixed at Rs.----------/-, on which a requisite

court fee of Rs. ----------/- is being paid.

13. That as the parties to the present suit carry on their

businesses and works for gain at Delhi where also the

plaintiff and defendant has their registered offices and

where the supply of goods were made. This Hon’ble Court

has territorial jurisdiction to entertain, try and decide the

present suit.

PRAYER
It is, therefore, most respectfully prayed that the Hon’ble Court

be pleased:

a. Pass decree in favour of plaintiff and against the

defendants, jointly and severally, of Rs. ---------/-(Rs.

----------------------------------- only) including interest at the

rate of ----% till the filing of the present suit along with

pendentilite and future interest at the same rate till

realisation;

b. Award cost of the present suit; and

c. Pass such order(s) as this Hon’ble court may deem fit and

proper in the facts and circumstances of the case.

It is prayed accordingly.

PLAINTIFF

VERIFICATION:-

Verified at Delhi on………….this day of 2024 that the

contents of the plaint are true and correct to the plaintiff’s

knowledge and legal submissions made therein are believed

to be true on the basis of legal advice received by the

plaintiff and the last para is the prayer clause of the plaint.

PLAINTIFF

THROUGH
NEW DELHI
DATE:

(AUTHORISED REPRESENTATIVE)
DIWAN ADVOCATES
C-69, LGF, NIZAMUDDIN-EAST,
NEW DELHI-110013
MOBILE NO.-9650875817
 IN THE COURT OF DISTRICT JUDGE, KARKARDOOMA
COURT, DELHI

CS. No.___________of 2024

Unipack Design LLP … Plaintiff

VERSUS

Nathu’s Sweet … Defendants

AFFIDAVIT

I, -------------------- S/o Shri ---------- aged about __, C/o

Unipack Design LLP, Authorized representative, House
No.182, Block I, Ashok Vihar Phase-1, New Delhi-110052,
the above named deponent do hereby solemnly affirm
and declare as under:
1. That the deponent is the authorized representative of the
Plaintiff in the above noted case and am fully conversant
with the facts and circumstances of the present case
hence competent to swear this affidavit.

2. That the deponent states that the deponent has gone

through the contents of the accompanying plaint which
has been drafted by the counsel on my instructions and I
state that the contents thereof are true and correct, legal
averments made therein are based upon the legal advice
received and believed to be correct.

3. That the deponent states that the contents of Para Nos. 1

to 10 of the plaint are true and correct to the best of my
knowledge and those of Para Nos. 11 to 13 are based on
the basis of information received and believe to be true.
Last para is prayer to this Hon’ble Court.

DEPONENT
VERIFICATION:
Verified at Delhi, on this _____day of __________, 2024 that
the contents of this affidavit are true and correct to my
knowledge and nothing material fact has been concealed
therefrom.

DEPONENT