Suit For Damages For Breach Of Contract To Serve

Suggest Format of "Suit For Damages For Breach Of Contract To Serve"​

Note: This is a sample format/Draft of Suit for damages for breach of contract to Serve. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. This draft can be downloaded free and modified for contingent and urgent requirement.

 

BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )                 

….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )                                

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is the owner of the “XYZ Restaurant” situated on the Mall Road………………
  2. That the Defendant is the owner of a Band Company doing his business under the name and style of…………….
  3. That on the first of March, 2019 the Plaintiff and the defendant mutually agreed that the Plaintiff will employ the Defendant and the defendant would serve the Plaintiff from the 1st of April, 2019 to 30th of November, 2019 and the agreement was reduced to writing and has been signed by both the parties.
  4. That the defendant works with the Plaintiff only in the month of April, 2019, but when the peak season arrived in the month of May, 2019, the defendant stopped playing his Orchestra at the Restaurant of the Plaintiff and instead started playing the Orchestra at……………… Restaurant which is a rival concern of the Plaintiff. The result was that the Plaintiff’s restaurant lost its attraction and popularity.
  5. That the Plaintiff has always been and is still willing to perform his part of the agreement and on the 10th of May, 2019 offered so to do to the Defendant by sending him a registered notice with acknowledgement due.
  6. That the Plaintiff has suffered the following damages on account of the breach of contract on the part of the Defendant.

              (Give the details of the damages)

  1.  That the Plaintiff is entitled to recover from the Defendant as damages the aforesaid amount of Rs………… and the Defendant is liable to pay the same to the Plaintiff.
  2. Cause of action.
  3. Valuation.
  4. The Plaintiff, therefore, claims the following reliefs:
  • A decree for Rs…………….., may kindly be passed in favour of the Plaintiff and against the Defendant.
  • Pendent lite and future interests be awarded.
  • Costs of the suit may be awarded to the Plaintiff against the defendant.
  • Any other relief that this Court may deem just and proper.

 

Plaintiff.

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )          

Plaintiff

 

Interpreted & Explained by me

 

 

Advocate for Plaintiff