ABC Ltd. an electronics manufacturer having a registered office at Jaipur supplied goods to XYZ Ltd. The purchaser company made part payment only. ABC Ltd filed suit before the District Judge for recovery of the balance

IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH CIVIL APPELLATE JURISDICTION REGULAR CIVIL APPEAL NO……. OF …………… IN THE MATTER OF: ABC Ltd. a company incorporated under the provisions of the Companies Act , … and having its registered office at Jaipur. ……Appellant Versus XYZ company Ltd., a company incorporated under the Companies Act and having its registered office at Jaipur. …… Respondent May it please the Hon'ble Chief Justice of the High Court of Rajasthan and his Lordship's Companion Justices, The appellant-company MOST RESPECTFULLY SHOWETH: 1. That the appellant herein is a company duly registered under the provisions of the Companies Act, 2013 and the registered office of the appellant is at Jaipur and the company is engaged in the business of Manufacturing of electronics. 2. That the respondents who are also doing business of selling goods manufactured by the appellants and other manufacturers approached the appellant for purchasing from the appellant -company the aforesaid manufactured goods. An agreement was reached between the parties which were reducing into writing. The appellant supplied goods worth Rs. ……. over a period of …… months to the respondents. A statement of account regarding the goods so supplied is annexed hereto and marked as ANNEXURE A-1. 3. That the respondents have made a total payment of Rs. …… on different dates. The statement of the said payments made by the respondents is appended and is marked as ANNEXURE A-2. 4. That the remaining amount has not been paid by the respondent despite repeated demands and issuance of a legal notice by the appellant through advocate. 5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. …… together with interest at the rate of …….% per annum and the cost of the suit. The suit was filed on …… in the court of the learned District Judge. 6. That upon being summoned by the said court the respondents appeared through counsel and filed their written statement to which appellant -plaintiff als o filed replication. 7. That the parties led evidence. After hearing the counsel for the parties, the learned District Judge has by his judgement and decree passed on …… dismissed the appellant’s suit on the ground that the evidence led by the parties does not establish the claim of the appellant-plaintiff. Copies of the judgement and decree of the court below are annexed hereto and are marked as ANNEXURE A - 3 AND A-4, respectively. Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit of the plaintiff, this appeal is hereby filed on the following, amongst other, GROUNDS A. That the judgement and decree under appeal are erroneous both on facts as well as law. B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into error in not finding that the preponderance of probability was in favour of the plaintiff-appellant. C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit and the defendant -respondent has failed to e ffectively rebut the plaintiff’s evidence, more particularly the documentary evidence. D. …… E. …… F. …… 8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at Rs.…………… and the requisite court fee is appended to this memorandum of appeal. 9. That this appeal is being filed within the prescribed period of limitation, the judgement and decree under appeal having been passed on ……..(date). In the above facts and circumstances the appellant prays that this appeal be allowed, the judgement and decree under appeal be set aside and the decree prayed for by the appellant in his suit before the court below be passed together with up-to-date interest and costs of both courts. APPELLANT (……) VERIFICATION Verified at…… on this, the…… day of……, 20........ that the contents of the above appeal are correct to the best of my knowledge and belief and nothing material has been concealed therefrom. APPELLANT (……) Annexure A-1 to A-4