MONEY RECOVERY
IN THE COURT OF SENIOR SUB JUDGE _______________________________
___________________
(Under Order XXXVII of the Code of Civil Procedure 1908)
Date of Institution: _______
______________________________________ Plaintiff
Versus
____________________________________ Defendants
Suit for the recovery of Rs. ______ along with cost and interest @ 24% p.a.
Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit
Respectfully:
- That the present suit is being filed under the specific provisions under Order XXXVII of the Code of Civil Procedure, 1908.
- That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint.
- That the plaintiff is a ______. The defendant purchased _________ cement and sand etc. from the plaintiff.
- That the defendant issued the Cheque bearing No. _____ dated _______ for the sum of Rs. ________ drawn at bank _____, to the plaintiff towards the consideration of the above articles purchased from the plaintiff.
- That the plaintiff presented the cheque through his own bankers, i.e; _________, but the same was returned unpaid, on _______ with the endorsement of insufficiency of funds in the account of the defendant as per the remarks of the banker of the defendant.
- That other necessary particulars are as under for the convenience of this Hon'ble court:
Date of cheque : _____
Date of presentation : _______ of Cheque before the Bank (within 6 months from ______)
Date of dishonour of Cheque: _______
Date of receipt of Memo of: ___________ of dishonour of cheque
Date of sending of Notice: ____________(within 30 days from _____)
Date of service of Notice: _______
Date when cause of action: _______ arose (15 days after service on __)
- That the defendant has apparently issued the cheque without caring to ensure adequate funds and knowing fully well with the ulterior motive to cheat the plaintiff.
- The memo to that effect was duly communicated to the plaintiff by its banker on ______.
- That the said cheque drawn by the defendant on an account maintained by him with the above banker for payment of the amount of money to the plaintiff from out of that account was issued for the discharge of the above said debt/liability.
- The said cheque has been returned by the bank unpaid, because of the amount of money standing to the credit of the account of the defendant is insufficient to honour the cheque or that it exceeds amount arranged to be paid from that account by an agreement made with that bank.
- The cheque has been presented to the bank within a period of six months from the date on which it is drawn i.e. on __.
- That the plaintiff in due course of the cheque has made a demand for the payment of the said amount of money by giving a notice in writing to the defendant within the statutory period of thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. The said notice was sent on the correct address of the defendant through a Registered/AD letter as well as through UPC on _________ and the said registered letter has been received back with the endorsement "Unclaimed", as is evident from the endorsement of post office seal on it which legally is presumed to have been served as otherwise also the UPC has not been received back and the same has been duly delivered to the defendant.
- That the defendant has failed to make the payment of the amount of money to the plaintiff in due course of the cheque within fifteen days of the receipt of the said notice.
- That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the defendant to the plaintiff is a legally enforceable debt/liability.
- The cause of action accrued to the plaintiff on __, when the cheque was dishonoured and thereafter on __ when the legal notice was sent to the defendant through Registered letter and UPC.
- That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the correspondence from the defendants were received at his home address and the office/residence of the defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and every jurisdiction to try and entertain this suit.
- That the value of the suit for the purposes of jurisdiction has been fixed for Rs. _____/ and for the purposes of recovery and correct and authorised court fee stamp of Rs. _____ has been affixed on the plaint.
- It is, therefore, most respectfully prayed that a decree for recovery to the effect that the plaintiff is entitled to recover a sum of Rs. _____/ along with interest @ 24% w.e.f _____ till the date of realisation of amount along with the cost of this suit, be passed in favour of the plaintiff and against the defendants. Such other reliefs as deemed fit and proper in the light of facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.
(Name of Place) Plaintiff
_____ Through, Advocate
Verification:
I, _______, do hereby verify that the contents of the above plaint from paras 1 to are true and correct to the best of my knowledge and belief.
Verified at (Name of Place) this the ______.
Plaintiff
AFFIDAVIT S
IN THE COURT OF SENIOR SUB JUDGE _______________________________
___________________
Petitioner:____________________________
Versus
Respondent:____________________________
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Order XXXVII of the Code of Civil Procedure 1908 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
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