A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation such as the failure to deliver a promised asset. An application for suit for damages for breach of contract is filed to seek damages caused due to the breach of contract.
A contract is legally binding and enforceable in court. A breach of contract is an offence and can cause serious loss and damages to the aggrieved party. An application for suit for damages for breach of contract is filed to seek damages caused due to the breach of contract.
An application for suit for damages for breach of contract must cover the essential facts of the case, the details of the contract, the breach, the grounds of law on which the application is being filed, and a prayer seeking damages for the breach.
BEFORE THE HON’BLE JMFC/CITY CIVIL COURT
_____________AT _______________,
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;
That the Plaintiff is the owner of the “XYZ Restaurant” situated on the Mall Road………………
That the Defendant is the owner of a Band Company doing his business under the name and style of…………….
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.
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.
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.
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)
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.
Cause of action.
Valuation.
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
An application for suit for damages must be filed along with supporting doccuments including documentary proof that support the facts of the case.
A suit for damages is filed in the court in whose jurisdiction the breach has been made.
An aggrieved party must seek proper damages in case of breach of contract and must file the suit within the stipulated time as stated in the Limitation Act.
Drafting an application for suit for damages is a complicated procedure and involves legal technicalities. It is best advised to seek the services of a labour lawyer who is well-aware of the concerned law and will help you prepare for your case strategically.
Loan agreement sample document
Leave and license agreement sample document
Franchise agreement sample document
Agreement for sale of a house sale agreement sample document
Partnership deed sample document
Security bond by a surety sample document
Memorandum of understanding mou sample document
Simple mortgage deed sample document
Separation agreement between husband and wife sample document
Consumer Court Petition Format
Free Legal Document - Banking / Finance
View Document
Restraining Order
Free Legal Document - Banking / Finance
View Document
653+ Lawyers are online 
