IN THE COURT OF
_____________________________
C.S. (OS) NO ________________ OF 20__
IN THE MATTER OF:
M/s. ________________ ...Plaintiff
VERSUS
M/s. ________________ ...Defendants
UNDER VII RULE 1 OF THE CODE OF CIVIL
PROCEDURE, 1908 FOR RECOVERY OF Rs. _______/-
(RUPEES _____________)
MOST RESPECTFULLY SHOWETH:
1. The Plaintiff is a Limited Company having its branch
office at
_______________________________________________
___________________and having its Registered Office and
Factory at
_______________________________________________
______________________. The Plaintiff provides solution
for _________________________technology, technological
design and with highly skilled engineering team provides
application oriented solutions that suits Indian Environment.
The present Suit is being filed through Mr.
_________________________________, Manager Sales
(North), the authorised Signatory of the Plaintiff who has
been duly authorised vide Board Resolution dated 18th
_____________ to file the present Suit on behalf of the
Plaintiff.
2. The Defendant No.1 is a Private Limited Company having
its office at __________________________, India.
3. That the Defendant No.2 is the Director of Defendant No.
1 Company and is responsible for execution of all the
functions related to the business of the Company.
4. That in the year __________ the Defendants approached
the plaintiff to purchase ______________ Products and
placed order to purchase products from the Plaintiff.
5. That the Plaintiff had sold ______________ product
worth Rs. ______________/- (Rupees ______________)
to Defendant No. 1 and Defendant No. 1 through its staff
had taken delivery of the product as per the details
mentioned below.
INVOICE NO. DATE AMOUNT
6. That the Defendant No. 1 had made payment of Rs.
___________ towards part payment against the above said
invoices. There is a balance of Rs. _______________
(Rupees ________________ only) receivable by the
Plaintiff against the above mentioned invoices.
7. That on _________________ Defendant No. 1 had
issued a cheque ____________ for _____________/-
(Rupees _____________ only) drawn on
_________________ to the Plaintiff towards part payment
against the remaining amount.
8. That the aforesaid cheque for Rs.
___________________ /- (_________________only) was
presented by the Plaintiff to the bankers of Defendant No. 1
i.e. ______________________ .
9. That the said cheque had been dishonoured by bankers
of Defendant No. 1 with the reason "Exceeds Arrangement "
which was intimated to the Plaintiff by their Bankers
___________________ through their cheque return memo
dated _____________ received on _____________.
10. That thereafter in spite of many telephonic, e-mail
reminders and personal visit by the staff of plaintiff, the
Respondents failed to make the payment due to the
Plaintiff.
11. That the Plaintiff issued a legal notice dated
______________ demanding amount of Rs.
_____________ against the returned cheque, which was
not replied by the Defendants.
12. That the Suit is within the period of limitation.
13. That the cause of action arose in favour of the Plaintiff
and against the Defendants. The cause of action arose on
14-Jun-__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the
Defendants purchased ____________ product worth
___________ (Rupees ________________). The cause of
action arose when the Legal Notice dated _________ was
send by registered post on ____________ upon the
Defendants.
14. That this Hon'ble Court is competent to try the present
Suit as the Branch office of the Plaintiff through which the
transactions are done is situated in its territorial
jurisdiction.
In the facts and circumstances of case mentioned herein
above this Hon'ble Court may graciously be pleased to:
P R A Y E R
a) pass a decree against the Defendants jointly and
severally to pay the sum of Rs. _________________/-
Along with pendent lite and future interest @24% per
annum; and
b) Award the cost of suit in favour of the Plaintiff; and
c) Pass such other or further orders as this Hon'ble Court
may deem fit in the facts and the circumstances of the
case.
Plaintiff
Through
Advocate for the Plaintiff
Dated:
New Delhi
VERIFICATION:
I, ______________, the authorised representative of the
Plaintiff do hereby verify that the contents of the para 1 to
______ of the Plaint are true and correct to my knowledge
and as derived from the records of the case, no part of it is
false and nothing material has been concealed there from.
Verified at New Delhi on this ______ day of ______, 20__
DEPONENT
LIST OF DOCUMENTS
SNO PARTICULARS
Copy of Board Resolution authorizing the Plaintiff's authorized
1
representative
2 Original Dishonored Cheque
3 Cheque Returning memo dated _____________
4 Copy of Legal Notice dated ____
5 Postal Receipt No. ___________ dated ________.
6 Copy of Invoices
7 Any Other document with the kind permission of the Hon'ble Court
Plaintiffs
Through
_______________
Advocates for the Plaintiffs
Dated:
New Delhi
IN THE COURT OF
_____________________________
C.S. (OS) NO ________________ OF 20__
IN THE MATTER OF:
M/s. ________________ ...Plaintiff
VERSUS
M/s. ________________ ...Defendants
AFFIDAVIT
I, ___________, Son of _____________, Aged about ____
years, resident of _______ _________________
_____________, do hereby solemnly affirm and declare as
under:
1. That I am the authorized representative of the Plaintiff in
the above Suit and I am well conversant with the facts and
circumstances of the case and application to depose the
present affidavit.
2. That I have read and understood the contents of the
accompanying Plaint and I state that the same are true and
correct to my knowledge and the no part of it is false and
nothing has been concealed there from.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ______day of ____, 20__ that
the contents of the above affidavit are true and correct to
my knowledge and as derived from the records of the case,
no part of it is false and nothing material has been
concealed there from.
DEPONENT
