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IN THE COURT OF DISTRICT JUDGE (NORTH WEST DISTRICT) ROHINI

COURTS DELHI

C.C_______ OF 2024

IN THE MATTER OF:

M/s Dwarkesh Metalloys Pvt. Ltd

(Through Authorized Representative)

Sh. Rajkumar Maheshwari, ……Plaintiff

Versus

[Defendant's Name] …….Defendant

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is M/s Dwarkesh Metalloys Pvt. Ltd., a company duly registered under

the Companies Act, 1956, having its registered office at Plot No. 9 & 10, Khasra No.

50/9/1, Shahbad Daulatpur, Delhi - 42, THE PREST SUIT IS BEING FILED

THROUGH its authorized signatory, Sh. Rajkumar Maheshwari, who has been duly

authorized to file this suit. Vide bord resolution dated ……. to file the present suit on the

behalf of the plaintiff.

2. The Defendant is [Defendant's Name], who is an individual and is residing at

[Defendant’s Address], and against whom the present suit is being filed.

3. Brief Facts: a. It is an undisputed fact that the Plaintiff and the Defendant have been

known to each other for several years and had a cordial relationship.

4. That Based on this long-standing relationship and mutual trust, the Defendant

approached the Plaintiff for financial assistance in the form of a friendly loan to initiate

a new business venture. The Defendant requested a sum of 23,00,00,000/- (Rupees₹

Three Crores Only).

5. The Plaintiff, out of goodwill, agreed to extend a loan amounting to 21,82,90,000/-₹

(Rupees One Crore Eighty-Two Lakhs Ninety Thousand Only), which was provided

without interest as a friendly loan. The repayment of this amount was agreed to be made

within three months, specifically by 31st June 2024.

6. The Plaintiff transferred the entire sum of 21,82,90,000/- (Rupees One Crore Eighty-₹

Two Lakhs Ninety Thousand Only) in the following manner through RTGS/NEFT

transactions to the Defendant:

o80,00,000/- on 14.03.2024₹

o90,00,000/- on 19.03.2024₹

o11,00,000/- on 28.03.2024₹

o1,90,000/- on 28.03.2024₹

7. Despite multiple requests and reminders from the Plaintiff, the Defendant failed to

repay any part of the loan. As of the date of this suit, the Defendant has not made any

repayment towards the loan, nor proposed any reasonable repayment plan.

8. The Defendant made a token payment of 1/- (Rupee One Only) on 31.08.2024, but₹

this payment was not followed by any further payment towards the outstanding loan.

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IN THE COURT OF DISTRICT JUDGE (NORTH WEST DISTRICT) ROHINI

COURTS DELHI

C.C_______ OF 2024

IN THE MATTER OF: M/s Dwarkesh Metalloys Pvt. Ltd (Through Authorized Representative) Sh. Rajkumar Maheshwari, …… Plaintiff Versus [Defendant's Name] ……. Defendant MOST RESPECTFULLY SHOWETH:

The Plaintiff is M/s Dwarkesh Metalloys Pvt. Ltd. , a company duly registered under the Companies Act, 1956, having its registered office at Plot No. 9 & 10, Khasra No. 50/9/1, Shahbad Daulatpur, Delhi - 42, THE PREST SUIT IS BEING FILED THROUGH its authorized signatory, Sh. Rajkumar Maheshwari, who has been duly authorized to file this suit. Vide bord resolution dated ……. to file the present suit on the behalf of the plaintiff.
The Defendant is [Defendant's Name] , who is an individual and is residing at [Defendant’s Address] , and against whom the present suit is being filed.
Brief Facts: a. It is an undisputed fact that the Plaintiff and the Defendant have been known to each other for several years and had a cordial relationship.
That Based on this long-standing relationship and mutual trust, the Defendant approached the Plaintiff for financial assistance in the form of a friendly loan to initiate a new business venture. The Defendant requested a sum of ₹23,00,00,000/- (Rupees Three Crores Only).
The Plaintiff, out of goodwill, agreed to extend a loan amounting to ₹21,82,90,000/- (Rupees One Crore Eighty-Two Lakhs Ninety Thousand Only), which was provided without interest as a friendly loan. The repayment of this amount was agreed to be made within three months, specifically by 31st June 2024.
The Plaintiff transferred the entire sum of ₹21,82,90,000/- (Rupees One Crore Eighty- Two Lakhs Ninety Thousand Only) in the following manner through RTGS/NEFT transactions to the Defendant: o ₹80,00,000/- on 14.03. o ₹90,00,000/- on 19.03. o ₹11,00,000/- on 28.03. o ₹1,90,000/- on 28.03.
Despite multiple requests and reminders from the Plaintiff, the Defendant failed to repay any part of the loan. As of the date of this suit, the Defendant has not made any repayment towards the loan, nor proposed any reasonable repayment plan.
The Defendant made a token payment of ₹1/- (Rupee One Only) on 31.08.2024, but this payment was not followed by any further payment towards the outstanding loan.

Legal Demand and Failure to Repay: a. Despite repeated demands for repayment, the Defendant has failed to discharge their obligation. The Defendant’s actions suggest malafide intent, as they have deliberately withheld the amount due under the loan agreement. b. The Plaintiff, in view of the Defendant’s continuous non-compliance, is now entitled to claim the outstanding amount, which as of now, amounts to ₹ 21,93,87,398/- (Rupees One Crore Ninety-Three Lakhs Eighty-Seven Thousand Three Hundred Ninety-Eight Only), inclusive of the principal sum of ₹21,82,89,999/- (Rupees One Crore Eighty-Two Lakhs Ninety Thousand Only) and interest at the rate of 18% per annum from the due date of repayment until the realization of the amount.
Cause of Action: The cause of action for filing this suit arose on 31st June 2024, when the Defendant failed to repay the loan amount as per the agreed terms and has continued to evade payment thereafter despite numerous reminders and legal notices issued by the Plaintiff.
Breach of Contract: a. The Defendant’s failure to repay the loan amount within the stipulated time constitutes a breach of the loan agreement. b. The Plaintiff, as a result of this breach, has incurred significant loss and damages, and the Defendant is liable to pay the outstanding amount along with accrued interest and legal costs.
Claim for Recovery: The Plaintiff claims that the Defendant is liable to pay a total sum of ₹21,93,87,398/- (Rupees One Crore Ninety-Three Lakhs Eighty-Seven Thousand Three Hundred Ninety-Eight Only), which includes: o The principal amount of ₹21,82,89,999/- (Rupees One Crore Eighty-Two Lakhs Ninety Thousand Only). o Interest at the rate of 18% per annum from the date of default until the actual realization of the full payment. o Legal fees for issuing legal notices, amounting to ₹25,000/-.
Jurisdiction: The Plaintiff submits that this Hon'ble Court has jurisdiction to entertain and try this suit, as the cause of action has arisen within its territorial jurisdiction, and the Defendant resides within the jurisdiction of this Hon'ble Court.
Prayer: In light of the above facts and circumstances, the Plaintiff humbly prays for the following reliefs: o A decree for the payment of ₹21,93,87,398/- (Rupees One Crore Ninety-Three Lakhs Eighty-Seven Thousand Three Hundred Ninety-Eight Only), along with interest at the rate of 18% per annum from 31st June 2024 until full realization. o Costs of the suit. o Any other relief deemed fit and proper by this Hon'ble Court.

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IN THE COURT OF DISTRICT JUDGE (NORTH WEST DISTRICT) ROHINI

COURTS DELHI

C.C_______ OF 2024