IN THE COURT OF HON’BLE ADJ,
CIVIL COURTS, MOTIHARI, EAST CHAMPARAN
(Summary Suit under Order XXXVII, CPC)
SUIT NO._______________of 2025
IN THE MATTER OF:
Ram Kumar Kesari …..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd. ..…DEFENDANT
INDEX
| S.NO. | Particulars | Pages | Court Fee |
| 1. | Memo of Parties | ||
| 2. | Summary Suit Under
Order XXXVII CPC for Recovery of Rs. 10,56,000/- with Pendentlite and Future Interest. |
||
| 3. | Affidavit in Support | ||
| 4. | List of Documents along
with Documents |
||
| 5. | Vakalatnama | ||
Filed By
(Advocate )
Place: Motihari
Date: .06.2025
IN THE COURT OF HON’BLE ADJ,
CIVIL COURTS, MOTIHARI, EAST CHAMPARAN
(Summary Suit under Order XXXVII , CPC)
SUIT NO._______________of 2025
IN THE MATTER OF:
Ram Kumar Kesari …..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd. ..…DEFENDANT
MEMO OF PARTIES
Ram Kumar Kesari
S/o. Rambhu Singh
R/o. Village – Pradhuban Chhapra, P.S. Kesariya,
Distt – East Champaran, Bihar, PIN Code – 845424
…..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd.
(Through its Director Santosh Kumar)
Office: First Floor, Opposite Custom Building ,
Near Town Thana, Motihari,
Distt – East Champaran, Bihar, PIN Code- 845401,
Also at – Mohalla – West Gopalpur, Ward No.33,
P.S – Town Motihari, Distt – East Champaran,
Bihar, PIN Code – 845401
..…DEFENDANT
Filed by:
(Advocate )
Place:
Date: .06.2025
IN THE COURT OF HON’BLE ADJ,
CIVIL COURTS, MOTIHARI, EAST CHAMPARAN
(Summary Suit under Order XXXVII , CPC)
SUIT NO._______________of 2025
IN THE MATTER OF:
Ram Kumar Kesari
S/o. Rambhu Singh
R/o. Village – Pradhuban Chhapra, P.S. Kesariya,
Distt – East Champaran, Bihar, PIN Code – 845424
…..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd.
(Through its Director Santosh Kumar)
Office: First Floor, Opposite Custom Building ,
Near Town Thana, Motihari, Distt – East Champaran,
Bihar, PIN Code- 845401,
Also at – Mohalla – West Gopalpur, Ward No.33,
P.S – Town Motihari, Distt – East Champaran,
Bihar, PIN Code – 845401, Mob: 9971435496
….. DEFENDANT
SUMMARY SUIT UNDRE ORDER XXXVII CPC FOR RECOVERY OF RS. 10,56,000/- WITH PENDENTLITE AND FUTURE INTEREST
MOST RESPECTFULLY SHOWETH:-
- That the plaintiff is a citizen of India residing permanently at Village Pradhuban Chhapra, P.S. Kesariya, Distt – East Champaran, Bihar, PIN Code – 845424.
- That the defendant is a Private Limited Company within the meaning of the Companies Act, 1956, and engaged into the real estate business running it under the name and style of M/s Green City Real Estate Pvt. Ltd., having its Registered Office at First Floor, Opposite Custom Building, Near Town Thana, Motihari, Distt – East Champaran, Bihar, PIN Code- 84540. Mr. Santosh Kumar, son of Ram Naresh Prasad, R/o. Mohalla – West Gopalpur, Ward No.33, P.S – Town Motihari, Distt – East Champaran, Bihar, PIN Code – 845401 is the Director & representative and in-charge of the day-to-day affairs of the said company.
- That on the basis of the open offer of the defendant to sale flat in the project namely “Green Vatika” situated Mouja: Majharia Srikrishn Nagar, Thana and Block – Motihari, Ditt – East Champaran, Bihar, the plaintiff entered into an agreement for sale with the defendant to purchase the flat on 29.04.2013 duly signed by Mr. Santosh Kumar, the Director of the defendant Company and the plaintiff mentioning the sale amount of Rs. 10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) .
- That acting upon the said agreement for sale, the plaintiff made the payment of Rs. 10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) to the defendant through cash and bank cheques. That even after receiving the full and final payment of the sale consideration, the plaintiff failed to complete the project and did not hand over the possession of the flat booked by the defendant in the project.
- That the defendant retained the hard earned money of the plaintiff with itself which shows malafide intention and unjust enrichment of the plaintiff. In fact, the plaintiff has been cheated in the present matter on false representation of real estate project by the defendant company.
- That when plaintiff tried to contact the director of the defendant company at this point he did not clear their stand and only kept assuring the plaintiff that the defendant would examine the statement of account and do the needful. On the assurance of the defendant, the plaintiff had been waiting for their response, however, finally respondent did not take note of this matter which shows wrong intention of the defendant company.
- That the plaintiff has also suffered due to unprofessional response and illegal trade practice of the defendant by not complying the terms of agreement for sale and intentionally and illegally retaining 10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) with itself which is due and payable by the defendant company to the plaintiff.
- That in spite of the repeated request by the plaintiff, the defendant company has failed to make the said payment. On 13.03.2024 the plaintiff had sent the legal notice through his Lawyer, which was replied by the defendant vaguely.
- It is stated that the plaintiff is entitled to file the suit under Order XXXVII CPC and a decree of Rs. 10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) is liable to be passed in his favour.
- That the cause of action for filing this present suit arose in favour of the plaintiff and against the defendant when the defendant entered into the agreement for sale on 29.04.2013. The cause of action further accrued when the Defendant failed to complete the said project for a long period of time and declined to return the sale consideration amount of Rs.10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) despite receiving the legal notice dated 13.03.2024. The Defendant has not returned or liquidated the outstanding amount till date. Therefore the cause of action still subsists and is continuing. Hence this suit.
- That the deal/ agreement between the plaintiff and defendant was finalized at Motihari, East Champaran and the registered office of the defendant is also at Motihari. Hence, this Hon’ble Court therefore has jurisdiction to entertain, try and dispose of this suit.
- That the suit has been filed within the period of limitation.
- That the value of the suit for the purposes of court fee and jurisdiction is calculated at Rs.10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) on which the requisite Court fees have been annexed with the plaint.
- The plaintiff is filing this Suit Under Order XXXVII, CPC. No relief which does not fall within the ambit of Order XXXVII Rule 2 CPC has been claimed in the plaint.
- The plaintiff will rely on documents, a list whereof is attached hereto.
PRAYER
It is , therefore, most respectfully prayed that this Hon’ble Court would be pleased to pass a decree in favour of the plaintiff and against the defendant for recovery of a sum of Rs. 10,56,000/- (Rupees Ten Lacs Fifty Six Thousand only) with pendetlite and future interest @ 18% per annum from the date of the decree till realization.
The cost of the suit be also awarded.
That any other relief(s) which this Hon’ble court may deem fit and proper under the circumstances of the case may also be passed in favour of plaintiff and against the defendant.
PLAINTIFF
THROUGH
(Advocate )
Place:
Date: .06.2025
VERIFICATION:-
I, the above named plaintiff do hereby state and verify on solemn affirmation that the contents of the above Plaint are true and correct to my knowledge and are based on the information received and believed to be true. Last Para is prayer to this Hon’ble Court.
Verified at Motihari on this day of June 2025.
PLAINTIFF
IN THE COURT OF HON’BLE ADJ,
CIVIL COURTS, MOTIHARI, EAST CHAMPARAN
(Summary Suit under Order XXXVII , CPC)
SUIT NO._______________of 2025
IN THE MATTER OF:
Ram Kumar Kesari …..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd. ..…DEFENDANT
AFFIDAVIT
I, Ram Kumar Kesari S/o. Sh. Rambhu Singh, aged about __ years, R/o. Village Pradhuban Chhapra, P.S. Kesariya, Distt – East Champaran, Bihar, PIN Code – 845424, do hereby solemnly affirm and declare as under:-
- That I am plaintiff in the above case and am conversant with the facts of the case and competent to swear this affidavit.
- That the accompanying plaint as the Summary Suit Under Order XXXVII, has been drafted by my counsel under my instructions. The statements of facts contained therein are true and correct to my knowledge.
- That I am not repeating the contents of the accompanying plaint herein for the sake of brevity and the same be read as part and parcel of this affidavit.
- That above is my true and correct statement.
DEPONENT
VERIFICATION:-
I, the plaintiff do hereby verify that the contents of my above affidavit are true and correct to the best of my knowledge. No part of it is false and nothing material has been concealed therefrom
Verified at Delhi on this day of June 2025
DEPONENT
IN THE COURT OF HON’BLE ADJ,
CIVIL COURTS, MOTIHARI, EAST CHAMPARAN
(Summary Suit under Order XXXVII , CPC)
SUIT NO._______________of 2025
IN THE MATTER OF:
Ram Kumar Kesari …..PLAINTIFF
VERSUS
M/s Green City Real Estate Pvt. Ltd. ..…DEFENDANT
LIST OF DOCUMENTS
- No. Particulars Page No.
- Copy of the ID of the plaintiff
- Copy of Agreement for Sale dated 29.04.2013
- Copy of proof of payment
- Copy of Legal Notice dated 13.03.2024
along with postal receipt.
- Copy of Reply to Legal Notice
PLAINTIFF
THROUGH
(Advocate )
Place:
Date: .06.2025
