IN THE COURT OF SENIOR CIVIL JUDGE,
KARKARDOOM AT NEW DELHI
SUIT NO. OF 2012
(ORDER VII OF CIVIL PROCEDURE CODE)
IN THE MATTER OF:-
NARESH GUPTA PLAINTIFF
VERSUS
SUMIT SUNEJA DEFENDANT
SUIT FOR RECOVERY OF RS 5,00,00,000/-
( ON23.12.2024) ALONG WITH THE DAMAGES RS
5,50,000/- FILED UNDER ORDER VII CIVIL
PROCEDURE CODE OF 1908
Most Respectfully Showeth
1) That the plaintiff herein Naresh Gupta resided at Flat
No. 83, Rajdhani Nikunj, IP Extension, Patparganj,
Delhi-110092. is a president of Rajdhani Nikunj is a
respectable citizen and serving as the president of
Rajdhani Nikunj, Patparganj and is held in high
regard in the society.
2) That the Defendant herein Mr. Sumit Suneja resides
in the same locality at Flat No. 22, Rajdhani Nikunj
94, IP Extension, Patparganj. That the Defendant has
engaged in the publication and dissemination of
defamatory statement targeting the Plaintiff, thereby
causing grave harm to the Plaintiff’s reputation, both
personally and professionally and has made
unfounded and malicious allegations against the
Plaintiff.
3) It is submitted that the Defendant herein on ______
made unfounded and frivolous statement against the
Plaintiff herein and accused him and the managing
committee of engaging in unlawful activities,
including financial irregularities and mismanagement.
These allegations were entirely unfounded and devoid
of any supporting evidence that the Plaintiff is
indulged in any such unlawful activities or committee.
4) It is submitted that the Defendant propagated this
defamatory statement through public forums,
WhatsApp groups and other platforms, causing
significant damages to the plaintiff’s reputation. The
content of these statements was specifically intended
to malign the Plaintiff’s standing as the President of
the Society and to cause unwarranted doubts
regarding his character and integrity.
5) It is submitted that the Plaintiff’s reputation,
painstakingly built over years of public services and
professional dedication, has been irreparably tarnished
by the Defendant’s malicious actions. The defamatory
statements have subjected the Plaintiff to mental
anguish, emotional distress and unwarranted
humiliation withing his social and professional
circles.
6) That the Plaintiff has, through his legal counsel,
served a legal notice to the Defendant dated Dec 23 rd,
2024, demanding an unconditional apology for the
harm caused. Despite the receipt of the notice, the
Defendant has failed to comply with the demands
therein, necessitating the filing this present suit.
GROUNDS:
7) . It is submitted that the Defendant’s action amount to
defamation as defined under Section 499 of the Indian
Penal Code, 1860 now is Section 356 of Bhartiya
Nayay Sanhita, 2023. The statement made by the
Defendant are false, malicious and intended to harm
the reputation of the Plaintiff.
8) That the defamatory statements have caused
irreparable damages to the Plaintiff’s personal and
professional reputation, resulting in significant mental
agony and emotional distress. The Plaintiff has loss of
goodwill, standing and esteem within the community
cut to the Defendant’s baseless allegations.
9) That the Plaintiff herein is filing this present suit with
respect to the recovery suit of the amounts _____ and
payable by the defendant for the defamation and harm
caused by him to the Plaintiff and the plaintiff
reserves his right to institute the civil proceedings
against the defendant under Civil Law.
10) That due to sheer negligence, irresponsible behavior
and callous attitude of the defendant, as stated above,
the plaintiff herein had to face mental harassment and
agony. The above inactions of the Defendants have
also caused much inconvenience to the plaintiff. From
the above, it is abundantly clear that the defendant
have made all false allegation against the Plaintiff
with the intention to tarnish the image of the Plaintiff
and caused harm to his reputation in the society.
11) That the cause of action in favour of the plaintiff and
against the defendant for filing the present suit arose
when the plaintiff made the false and baseless
statement against the Plaintiff publicly through
WhatsApp and other platforms.
12) That the Hon’ble Court has territorial jurisdiction to
try and entertain the present suit. That the defendant is
residing at Flat No. 22, Rajdhani Nikunj 94, IP
Extension, Patparganj, Delhi within the jurisdiction of
the Hon’ble Court and Further the cause of action has
arisen within the jurisdiction of this Hon’ble Court.
13) That the present suit is filed within the limitation
period as per the limitation Act.
14) That the present suit is for recovery suit of Rs
5,00,00,000/- (Five Crore Rupees Only) for the loss of
reputation, mental harassment and emotional distress
caused by the defamatory actions of the Defendant
and a decree of awarding the recovery of legal
expenses amounting to Rs. 5,50,000 (Five Lakh Fifty
Thousand Rupees Only). This Hon'ble Court has the
pecuniary jurisdiction to try and entertain the present
suit.
24 . That the present suit is being filed within the ambit
of Order VII CPC seeking summary procedure for
the early disposal of the present suit
24a. That no relief which does not fall within the ambit of
order VII, has been claimed in the plaint; and
PRAYER
In the facts and circumstances of the present case, it is most
respectfully prayed that this Hon'ble Court may graciously be
pleased to:-
1) Pass a decree directing the defendant to pay an amount
of Rs 5,00,00,000/- (Five Crore Rupees Only) to the
plaintiff.
2) Pass a decree directing the defendant to pay an amount of
RS-5,50,000/- (Five Lakh Fifty Thousand Rupees only)
in favour of the plaintiff by way of damages.
3) The suit may be tried under the summary procedure
under order VII CPC.
4) Pass a decree directing the defendant to pay the total
amount of Rs 5,05,50,000/- (Five Crore Five Lakh and
Fifty Thousand Rupees only), the total amount covered
by prayer 1 and damages mentioned in prayer 2 with
cost of present proceedings; and/or
5) Pass any such further order(s) as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case.
Plaintiff
Through
Solicitorsindia Law Offices
Delhi T-13/902, Common Wealth
Games Village, Akshardham,
Dated New Delhi-110092.
IN THE COURT OF SENIOR CIVIL JUDGE,
KARKARDOOM AT NEW DELHI
SUIT NO. OF 2012
(ORDER VII OF CIVIL PROCEDURE CODE)
IN THE MATTER OF:-
NARESH GUPTA PLAINTIFF
VERSUS
SUMIT SUNEJA DEFENDANT
AFFIDAVIT
I, Mr.______________, S/o.________________, Aged about
___ years, Resides at Flat No. 83, Rajdhani Nikunj 94, IP
Extension, Patparganj the above named deponent do hereby
solemnly affirm and declare as under:
1) That I am the plaintiff in the above noted case and am
fully conversant with the facts of the case I am competent
to swear this affidavit.
2) That the contents of the accompanying plaint have been
drafted under my instructions by my counsel.
3) That the contents of the accompanying plaint are true to
my knowledge and the same may be read as part of this
affidavit which is not reproduced here for the sake of
brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this day of May 2012 that contents of
the above affidavit are true to my knowledge, no part of it false
and nothing has been concealed there from.
DEPONENT
