IN THE COURT OF CIVIL JUDGE SENIOR DIVISION

Suit No. 1234 / 2016

Shiv Kumar
S/o Manmohan Kumar
R/o E-407, Delta 1st
Greater Noida-201308

..PLAINTIFF

Vs

The Chairman, Air India Ltd. And Ors.

113, Airlines House,
Gurudwara Road,
Rakabganj Road, New Delhi

..DEFENDANT

SUIT FOR BREACH OFCONTRACT

The plaintiff respectfully states as follows : Inducement:
1. Plaintiff i.e. Mr. Shiv Kumar S/o Mr. Manmohan Kumar is a wholesaler of air
conditioners having a Registered office in Greater Noida with an address i.e. Shop No.
69, Jagat Farm Mkt., Greater Noida
2. Defendant i.e. Mr. Dinesh Singh S/o Mr. Narender Singh is a Govt. Servant working in
Air India as an Executive Director

Material Facts of the case:

3. The plaintiff and defendant entered into a contract on 1st March 2016 and as per the
terms and conditions of contract the plaintiff has to deliver the air conditioners to the
defendant till the end of May to the headquarters of Air India. A copy of the contract
( Annexure A1) is attached with the plaint.
4. As per the contract the 1st installment of Rs.10,00,000 was to be provided to the plaintiff
till 15th of April and the remaining amount i.e. Rs. 10,00,000 had to be provided to the
plaintiff after the installation of air conditioners at the abovementioned address.

5. Both the transaction were to be made in cash to the plaintiff.

6. The plaintiff has fulfilled the terms of contract i.e. installing the air conditioners at the
desired address on the desired time i.e. 25th of May 2016.
7. The second installment has not been made in spite of various reminders and notice at
regular intervals as follows:
1st reminder was served on 10th of June 2016
2nd was served on 20th of June 2016
The last was served on 1st of July 2016.
Then, notice was served to the defendant on 10th of July 2016.
Cause of Action and Limitation:
8. The cause of action arose on when the defendant failed to make the remaining payment to
plaintiff and thus, the suit was filed on 20th of August.
Valuation:
9. The value of the suit is Rs. 10,00,000.
Jurisdiction:
10. The value of contract is Rs. 20,00,000 which is within courts pecuniary jurisdiction.
11. The cause of action arose at the registered address of the defendant which is within
courts jurisdiction.
Relief Claimed:
The plaintiff , therefore prays that
12. The court be pleased to order the defendant to perform his part of the contract by paying
the remaining amount to the plaintiff.
13. The defendant should be ordered to pay compensation for mental harassment, loss on
business and litigation costs.
(Signature of Plaintiff)
Place.
Date.
(Signature of Advocate)
Verification
I Shiv kumar , do hereby solemnly verify that contents from paras 1 to 7 are correct and
true to the best of my knowledge and contents from para 8 to 11are based on legal advice,
which I believe to be correct.
(Signature)

Plaintiff

LIST OF DOCUMENTS
S.No
.
1
2

Name of the Document

Pg.No.

Contract
Address proof of Air India

https://www.google.co.in/search?q=go&ie=utf-8&oe=utf-8&gws_rd=cr&ei=vhjJV8GEsjSvgSc1JqgBQ#q=air%20india%20headquarters%20address
%20delhi&tbs=lf:1,lf_ui:3&rflfq=1&rlha=0&rllag=28587796,77229176,4305&tbm=lcl&rldimm
=8700500272462532868&rlfi=hd:;si:8700500272462532868
contract
vakalat nama

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION

Suit No. 1234 / 2016
Shiv Kumar

S/o Manmohan Kumar

R/o E-407, Delta 1st
Greater Noida-201308

..PLAINTIFF

Vs

The Chairman, Air India Ltd. And Ors.

113, Airlines House,
Gurudwara Road,
Rakabganj Road, New Delhi

..DEFENDANT

Written Statement on behalf of both the Defendants

The defendants respectfully states as follows : Inducement:

1. Para no. 1 of the plaint is admitted and needs no reply.
2. Para no. 2 of the plaint is admitted and needs no reply.
Material Facts of the Case:
3.
4.
5.
6.
7.

Para no. 3 of the plaint is admitted and needs no reply.

Para no. 4 of the plaint is admitted and needs no reply.
Para no. 5 of the plaint is admitted and needs no reply.
Para no. 6 of the plaint is admitted and needs no reply.
Para no. 7 of the plaint is denied and not admitted because notice was
directly served instead of warning us by issuing reminders
8. The quality of the air conditioners was not upto the mark and some of them
were defective and pre owned.

Valuation:
9. Para no. 9 of the plaint is admitted and needs no reply
Jurisdiction:
10. Para no. 10 of the plaint is admitted and needs no reply.
11. Para no. 11 of the plaint is admitted and needs no reply.

Relief Claimed:
The defendant therefore prays that:
12. We request the court to kindly get the air conditioners replaced or return the payment
made to the plaintiff.
13. Such other orders as this Court may deem fit and proper in the facts and circumstances
of the present case may kindly be passed.

Verification
I, Dinesh Singh( Executive Director, Air India), do hereby verify that the contents from paras 1
to 12 are correct and true to the best of my knowledge and personal belief and no part of it is
false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of
September 2009.
(Signature)
Respondent