Summary Suit under Order
XXXVII of Code of Civil Procedure download for recovery of money against return
of cheque, negotiable instrument or confirmed debt.[CD1]
Format
of Recovery Suit file Petition against Defendant for return of cheque with
claim of cheque amount and interest.
Civil Procedure Code Order 37 provides
for the summary procedure. The provision has been made keeping in view certain
suits, in order to prevent the unreasonable obstruction laid down by the
defendant, who has no defence. Unlike other civil suits, the trial in summary
suits begins after the court grants leave to the defendant to contest the suit.
The court dealing with summary suits can pass the judgment in the favour of the
plaintiff if (1) the defendant has not applied for leave to defend or if such
application has been made but refused, or (2) the defendant who is permitted to
defend fails to comply with the conditions on which the leave to defend was
granted.
IN THE COURT OF
C.S. (OS) NO OF 2
IN |
THE
MATTER |
OF: |
M/s. VERSUS |
________________ |
...Plaintiff |
M/s. |
________________ |
...Defendants |
SUIT UNDER ORDER XXXVII 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:
VERIFICATION:
I, ______________, the authorized
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
Plaintiffs
Through
_______________
Advocates for the Plaintiffs
Dated:
New Delhi
IN THE COURT
OF _____________________________
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 |
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
[CD1]Summary Suit under Order XXXVII of Code of Civil
Procedure download for recovery of money against return of cheque, negotiable
instrument or confirmed debt.
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