Application for Summary Judgment under Order XIII-A CPC in a Commercial Suit

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ________ OF 20__

IN THE MATTER OF:

_________________________________________   ...PLAINTIFF

VERSUS

_________________________________________   ...DEFENDANT

INDEX

PLAINTIFF / APPLICANT

Through Counsel
________________ Advocate

Place: __________
Date: __________

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ________ OF 20__

IN THE MATTER OF:

_________________________________________   ...PLAINTIFF

VERSUS

_________________________________________   ...DEFENDANT

APPLICATION ON BEHALF OF THE PLAINTIFF/APPLICANT UNDER ORDER XIII-A RULES 2, 3 AND 4 OF THE CODE OF CIVIL PROCEDURE, 1908, AS APPLICABLE TO COMMERCIAL DISPUTES, FOR SUMMARY JUDGMENT

MOST RESPECTFULLY SHOWETH:

1. That the present application is an application for summary judgment under Order XIII-A CPC. The applicant seeks summary adjudication of the claim for recovery of ₹__________ together with contractual/statutory interest and costs, or such part of the claim as this Hon'ble Court may determine.
2. That summons in the suit has been served upon the defendant on __________ and issues have not yet been framed. The present application is therefore within the stage prescribed by Order XIII-A Rule 2 CPC.
3. That the plaint and the documents already filed may be read as part of this application. The applicant sets out below the material facts and the precise documentary basis for summary judgment to avoid unnecessary repetition.
4. That the parties executed a registered Lease Deed dated __________ in respect of premises situated at ______________________________. Under the Lease Deed, the defendant agreed to pay rent of ₹__________ per month together with applicable charges/taxes on the agreed terms.
5. That the defendant paid rent up to __________ but thereafter failed to pay the admitted/contractually payable rent from __________ despite the subsistence of the lease and/or continued possession or occupation of the premises.
6. That the outstanding rent/use and occupation charges for the period __________ to __________ amount to ₹__________. A computation of the amount claimed is filed/relied upon as Document No. ___.
7. That the defendant sought waiver, suspension or reduction of rent by communication dated __________. The applicant did not accept any variation of the contractual obligation. The Lease Deed contains no provision entitling the defendant, on the facts pleaded, to unilaterally suspend the agreed rent.
8. That the defendant thereafter forwarded/handed over keys of the premises on __________. The applicant received the keys/obtained possession on __________ in the circumstances stated in the plaint and supporting documents. The applicant accordingly claims rent/use and occupation charges up to the legally sustainable date of surrender/handing over of possession.
9. That the material documents relied upon for this application include: (i) the registered Lease Deed dated __________; (ii) rent invoices/ledger/account statement; (iii) correspondence exchanged between the parties; (iv) the communication forwarding or offering the keys; (v) proof relating to delivery/receipt and possession; and (vi) the computation of the amount claimed. The relevant portions relied upon are specifically identified in the accompanying list/chart.
10. That there is no real prospect of the defendant successfully defending the claim to the extent sought in this application because the material contractual terms and the documentary record establish the payment obligation, the agreed rate, the period of default and the defendant's own conduct/correspondence. The defence, if any, does not raise a genuine factual controversy requiring oral evidence on those aspects.
11. That there is no other compelling reason why the claim identified in this application should proceed to a full trial or recording of oral evidence. The controversy can fairly and justly be determined on the pleadings, admitted facts and documentary material already available to the Court.
12. That the applicant does not invite this Hon'ble Court to conduct a mini-trial. The applicant relies on the undisputed/admitted documentary record and submits that the defence, to the extent addressed in this application, is fanciful, speculative or otherwise lacking a real and substantial prospect of success.
13. That the precise point(s) of law arising for determination include whether, on the admitted/established terms of the Lease Deed and the documentary record, the defendant remained liable to pay the agreed rent/use and occupation charges until __________ and whether any legally enforceable waiver or suspension of the obligation has been shown.
14. That no earlier application seeking the same summary relief is pending. If any earlier application was withdrawn, the relevant order dated __________ granting liberty to file afresh is relied upon and may be read as part of the present application.
15. That, without prejudice to the primary prayer for judgment on the claim, this Hon'ble Court may exercise the powers available under Order XIII-A, including passing judgment on part of the claim or making an appropriate conditional order if the Court considers such course just.

PRAYER

In view of the facts, documents and grounds stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

1. pass summary judgment in favour of the plaintiff/applicant and against the defendant for ₹__________ or such amount as is found due on the material before the Court;
2. award interest at the contractual rate of ___% per annum, or at such rate and for such period as this Hon'ble Court considers lawful and appropriate;
3. award costs of the suit and of the present application; and
4. pass any other or further order that this Hon'ble Court considers just and proper in the facts and circumstances of the case.

PLAINTIFF / APPLICANT

Through Counsel
________________ Advocate

Place: __________
Date: __________

IN THE COURT OF THE DISTRICT JUDGE (COMMERCIAL COURT), __________ DISTRICT, __________

CS (COMM.) NO. ________ OF 20__

STATEMENT OF TRUTH
(Under the First Schedule, Order VI Rule 15A and Order XI Rule 3 CPC, as applicable to commercial disputes)

I, ______________________, son/daughter of ______________________, aged about ___ years, resident of ______________________________, do hereby solemnly affirm and declare:

1. I am the plaintiff/applicant / authorised representative of the plaintiff in the above matter and am competent and duly authorised to make this declaration.
2. I am sufficiently conversant with the facts of the case and have examined the relevant documents and records.
3. The statements in paragraphs ___ to ___ are true to my knowledge; paragraphs ___ to ___ are based on information received which I believe to be correct; and paragraphs ___ to ___ are based on legal advice received and believed to be correct.
4. There is no false statement or concealment of any material fact, document or record to my knowledge.
5. All documents in my power, possession, control or custody relevant to the matter, as required by law, have been disclosed, subject to any lawful claim of privilege.
6. The annexures/copies relied upon are true copies of the documents referred to, to the best of my knowledge and belief.
7. I understand that a false statement or concealment may attract consequences under applicable law.

DEPONENT

VERIFICATION

Verified at __________ on this ___ day of __________, 20__, that the contents of the above Statement of Truth are true and correct to my knowledge and belief, no part is false and nothing material has been concealed therefrom.

DEPONENT