IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No._______/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate,
W/o Sh. Satykam Saini, Advocate,
Mob. No. 9289888837.
Office at:
Ch. No. 442, 4th Floor,
Lawyer’s Chambers Building,
Dwarka Courts Complex,
Sector-10, Dwarka,
New Delhi- 110075. ……PLAINTIFF
Versus
Ms. Priyanka Bhola,
D/o Late Sh. Jagjit Singh,
R/o RZ – 6/225, P- Block,
West Sagarpur,
New Delhi – 110046 ……DEFENDANT
SUIT ON BEHALF OF THE PLAINTIFF FOR
RECOVERY OF RS.61,202/- (RUPEES SIXTY ONE
THOUSAND TWO HUNDRED TWO ONLY).
Court Fees Paid: Rs.2,930/-
MOST RESPECTFULLY SHOWETH:
1. That Plaintiff is an advocate by profession and practicing
as advocate in various Courts at Delhi since 2010 having
enrolment no. D/4650/2010 with Bar Council of Delhi.
2. That Defendant approached and requested the Plaintiff to
avail her legal services from time to time and availed legal
services from the Plaintiff.
3. That Plaintiff was duly engaged by the Defendant and
Plaintiff had duly rendered her professional legal services
to the Defendant in your various cases and also done other
legal works from time to time on the basis of legal
fees/charges as agreed below by the Defendant to be paid
to the Plaintiff by the Defendant after receipt of final
payment from your then husband Sh. Manish Bhola as
under:
S. Particulars Legal Fees
No.
1. Complaint case bearing Rs.15,000/-
Case No. 13211/2017 titled
as “Priyanka Bhola vs
Manish Bhola” U/S 12 D.V.
Act which was pending in
the Hon’ble Court of Ms.
Rashmi Gupta, then Ld.
M.M., Mahila Court, New
Delhi
2. First Motion Petition u/s Rs.15,000/-
13(B)(1) of Hindu Marriage
Act, 1955 for dissolution of
marriage bearing HMA No.
756/2018 titled as
“Priyanka Bhola vs Manish
Bhola” as decided by
Hon’ble Court of Sh.
Yashwant Kumar, PJFC,
Patiala House Courts, New
Delhi on 18/09/2018
3. Second Motion Petition u/s Rs.15,000/-
13(B)(2) of Hindu Marriage
Act, 1955 for dissolution of
marriage bearing HMA No.
142/2019 titled as
“Priyanka Bhola vs Manish
Bhola” as decided by
Hon’ble Court of Ms.
Swarana Kanta Sharma,
PJFC, Patiala House Courts,
New Delhi on 19/02/2019
4. That, believing the Defendant and above assurances the
Plaintiff represented the Defendant in above mentioned
cases and also done all the legal work under her
instructions being her counsel on her promises to pay
agreed legal fees and actual expenses later on after receipt
of final payment from her then husband Sh. Manish Bhola
very soon but with dishonest intentions the Defendant is
miserably failed to pay above settled legal fees to the
Plaintiff despite several demands by the Plaintiff just to
cause unlawful losses, injury and harm to the Plaintiff.
5. That the Plaintiff would not have rendered her professional
legal services and represented the Defendant in above
cases and all legal works before the Hon’ble Courts and
authority if Defendant had not assured and promised to pay
above agreed and settled fees to the Plaintiff later after
receipt of amounts from her then husband Sh. Manish
Bhola.
6. That as agreed above, the Defendant is liable to pay the
aforesaid total outstanding legal fees of Rs.55,000/-
(Rupees Fifty Five Thousand Only) to the Plaintiff as
mentioned above and in the Four Bills raised herein
against the Defendant as Bill No. 101 of Rs.15,000/-
(Rupees Fifteen Thousand Only), Bill No. 102 of
Rs.15,000/- (Rupees Fifteen Thousand Only), Bill No. 103
of Rs.15,000/- (Rupees Fifteen Thousand Only) and Bill
No. 104 of Rs.10,000/- (Rupees Ten Thousand Only) all
dated 15/03/2023 and attached herewith this legal notice
for payments and compliance at the earliest.
7. That, now, the Plaintiff is entitled to Rs.55,000/- (Rupees
Fifty Five Thousand Only) balance outstanding amount
from the Defendant and Defendant is liable to pay said
balance outstanding amount to the Plaintiff.
8. That the Plaintiff has duly issued, posted and served upon
the Defendant a legal notice dated 15-03-2023 through her
counsel along with Four Bills of Legal Professional Fees
of the Plaintiff in above cases/proceedings thereby
demanding the due amounts of Rs.55,000/- with interest
@18% p.a. within a period of 15 days of receipt of legal
notice.
9. That despite duly service of the aforesaid legal notice
dated 15-03-2023 the Defendant neither replied nor
complied the lawful demands of the Plaintiff hence the
Defendant miserably failed to make the payments of due
amounts to the Plaintiff.
10. That Plaintiff is entitled for a sum of Rs.61,202/- (Rupees
Sixty One Thousand Two Hundred Two Only) being
above settled legal professional fees of Rs.55,000/- +
Rs.702/- being interest @18% p.a. for the period from 15-
03-2023 to 10-04-2023 + Rs.5,500/- being legal charges of
the legal notice dated 15-03-2023 from the Defendant for
which the Defendant is liable to pay to the Plaintiff.
Besides above, the Defendant is also liable to pay future
interest @ 18% p. a. on above legal professional fees and
charges of above legal notice to the Plaintiff till the date of
realization of due amounts.
11. That the cause of action for filing the present suit arose in
favour of the Plaintiff and against the Defendant on each
and every occasion when the approached and requested the
Plaintiff to avail her legal services from time to time and
availed legal services from the Plaintiff. The cause of
action again arose when the Plaintiff was duly engaged by
the Defendant and Plaintiff had duly rendered her
professional legal services to the Defendant in her various
cases and also done other legal works from time to time on
the basis of legal fees/charges as agreed below by the
Defendant to be paid to the Plaintiff by the Defendant after
receipt of final payment from her then husband Sh. Manish
Bhola. The cause of action again arose when believing the
Defendant and above assurances the Plaintiff represented
the Defendant in above mentioned cases and also done all
the legal work under her instructions being her counsel on
her promises to pay agreed legal fees and actual expenses
later on after receipt of final payment from her then
husband Sh. Manish Bhola very soon but with dishonest
intentions the Defendant is miserably failed to pay above
settled legal fees to the Plaintiff despite several demands
by the Plaintiff just to cause unlawful losses, injury and
harm to the Plaintiff. The cause of action again arose when
the Plaintiff would not have rendered her professional
legal services and represented the Defendant in above
cases and all legal works before the Hon’ble Courts and
authority if Defendant had not assured and promised to pay
above agreed and settled fees to the Plaintiff later after
receipt of amounts from her then husband Sh. Manish
Bhola. The cause of action again arose when the
Defendant is liable to pay the aforesaid total outstanding
legal fees of Rs.55,000/- (Rupees Fifty Five Thousand
Only) to the Plaintiff as mentioned above and in the Four
Bills raised herein against the Defendant as Bill No. 101 of
Rs.15,000/- (Rupees Fifteen Thousand Only), Bill No. 102
of Rs.15,000/- (Rupees Fifteen Thousand Only), Bill No.
103 of Rs.15,000/- (Rupees Fifteen Thousand Only) and
Bill No. 104 of Rs.10,000/- (Rupees Ten Thousand Only)
all dated 15/03/2023 and attached herewith this legal
notice for payments and compliance at the earliest. The
cause of action again arose when the Plaintiff duly issued,
posted and served a legal notice dated 15-03-2023 through
her counsel upon the Defendant and the Defendant did not
reply the said legal notice nor complied with the demands
of the said legal notice. The cause of action again arose
when the intentions of the Defendant has turned dishonest
and the Defendant avoided to make due payments to the
Plaintiff. The cause of action is continuing one and still
subsists as the lawful demands of the Plaintiffs are not
complied with by the Defendant till filing of the present
suit.
12. That this Hon’ble Court has jurisdiction to entertain and
adjudicated the present suit as the Defendant reside and
worked for gain within the territorial jurisdiction of this
Hon’ble Court and the cause of action has also been arisen
within the territorial jurisdiction of this Hon’ble Court.
13. That the suit has been properly valued for Rs. 61,202/- for
the purposes of jurisdiction and court fees and appropriate
and proper court fees of Rs.2,930/- has been affixed on the
plaint.
P R A Y E R:
Under the facts and circumstances mentioned above, it is most
respectfully prayed that this Hon’ble Court may kindly be
pleased:-
A. To pass a decree for a sum of Rs. 61,202/- (Rupees Sixty
One Thousand Two Hundred Two Only) together with
pendent lite and future interest @ 18% p.a. from the date
of filing of the suit till full and final realization thereof
with costs in favour of the Plaintiff and against the
Defendant and
B. To pass any other and further orders/relief which this
Hon’ble Court may deem fit, just and proper in the facts
and circumstances of the case in favour of the Plaintiff and
against the Defendant.
New Delhi PLAINTIFF
Dated: 07-04-2023 Through:
PRIYA JAIN
ADVOCATE
Off. At: 32, 1st Floor, CSC,
DDA Market, Opp. SDM Office,
Sector-10, Dwarka,
New Delhi-110075.
Mob. No. 7678248412
E-mail: priyajain.adv98@[Link]
VERIFICATION:
The above named Plaintiffs do hereby state on solemn
affirmation that the contents of para No(s). 1 to 10 are true to my
knowledge and those of remaining paras No(s). 11 to 13 are true
on information received and believed to be true and correct. The
last paragraph is the prayer clause.
Verified at New Delhi on this 07th day of April, 2023.
PLAINTIFF
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
AFFIDAVIT
AFFIDAVIT OF SUYESHA SAINI, W/O SH. SATYKAM
SAINI, OFFICE AT: CH. NO. 442, 4 TH FLOOR, LAWYER’S
CHAMBERS BUILDING, DWARKA COURTS COMPLEX,
SEC-10, DWARKA, NEW DELHI-110075.
I, the above named deponent, do hereby solemnly affirm and
declare as under:-
1. That I am the Plaintiff in abovementioned suit and well
aware of the facts and circumstances of the case as such
competent to swear the present affidavit.
2. That the accompanying plaint has been drafted by my
counsel under my instructions and the contents of the same
are read and understood by me which are true and correct
to my knowledge and belief which may be read as part of
the present affidavit as the same are not repeated herein for
the sake of brevity.
DEPONENT
VERIFICATION:-
Verified by above named deponent at New Delhi on this
07th day of April, 2023 that the contents of the above affidavit are
true and correct to the best of my knowledge and belief, no part
of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
MEMO OF PARTIES
Ms. Suyesha Saini, Advocate,
W/o Sh. Satykam Saini, Advocate,
Mob. No. 9289888837.
Office at:
Ch. No. 442, 4th Floor,
Lawyer’s Chambers Building,
Dwarka Courts Complex,
Sector-10, Dwarka,
New Delhi- 110075. ……PLAINTIFF
Versus
Ms. Priyanka Bhola,
D/o Late Sh. Jagjit Singh,
R/o RZ – 6/225, P- Block,
West Sagarpur,
New Delhi – 110046 ……DEFENDANT
New Delhi Through:
Dated: 07-04-2023
PRIYA JAIN
ADVOCATE
Off. At: 32, 1st Floor, CSC,
DDA Market, Opp. SDM Office,
Sector-10, Dwarka,
New Delhi-110075.
Mob. No. 7678248412
E-mail: priyajain.adv98@[Link]
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
INDEX
[Link]. PARTICULARS [Link](Rs.) PAGE
NO.
1. Memo of Parties.
2. Court Fee. 2,930/-
3. Plaint on behalf of the
Plaintiff for recovery of
Rs.61,202/- with supporting
affidavits of Plaintiff.
4. List of Documents on behalf
of the Plaintiff along with
Documents.
5. Address Form.
6. Vakalatnama. 2.00
7. Extra copy of plaint.
New Delhi Through:
Dated: 07-04-2023
PRIYA JAIN
ADVOCATE
Off. At: 32, 1st Floor, CSC,
DDA Market, Opp. SDM Office,
Sector-10, Dwarka,
New Delhi-110075.
Mob. No. 7678248412
E-mail: priyajain.adv98@[Link]
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
COURT FEES
New Delhi COUNSEL FOR THE PLAINTIFF
Dated: 07-04-2023
PRIYA JAIN
ADVOCATE
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
CERTIFICATE UNDER SECTION 65B OF THE INDIAN
EVIDENCE ACT, 1872
It is certified that computer generated three Internet Track
Reports in respect of speed post consignment bearing No.
ED545866385IN dated 16/03/2023 is taken from the official web
site [Link] of Department of Post, Ministry of
Communications, Government of India. The printout of the
aforesaid one computer generated Internet Track Report was
taken out by using the computer and printer duly maintained and
running in perfectly good order and condition and nothing has
been added, deleted, amended, inserted, altered in the aforesaid
printout as generated from aforesaid official website.
New Delhi Through:
Dated: 07-04-2023
PRIYA JAIN
ADVOCATE
Off. At: 32, 1st Floor, CSC,
DDA Market, Opp. SDM Office,
Sector-10, Dwarka,
New Delhi-110075.
Mob. No. 7678248412
E-mail: priyajain.adv98@[Link]
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No.______________/2023
IN THE MATTER OF:
Ms. Suyesha Saini, Advocate ……PLAINTIFF
Versus
Ms. Priyanka Bhola ……DEFENDANT
LIST OF DOCUMENTS ON BEHALF OF THE
PETITIONER
[Link]. DOCUMENTS PAGE
NO(S).
1. Photocopy of Aadhar Card of the
Plaintiff
2. Photocopy of identity card of
Petitioner’s deceased husband
3. Photocopy of the death certificate of
Late Sh. Joginder Singh Gill
(husband) of the Petitioner
4. Photocopy of electricity bill
5. Site Plan
6. Photocopy of marriage card of both
the Respondents
7. Original public notice published in the
newspaper
Photocopy of titled documents of the
suit property i.e., General Power of
Attorney, Agreement to sell, affidavit
and receipt.