Recovery
Suit, Recovery Suit Application Affidavit [CD1]
In the Court of Hon’ble ……………….
Civil suit No of Yea 20……….
M/
Address, …Plaintiff
Versus
M/s
Address …Defendant
Principal
occupier
SUIT FOR RECOVERY OF RS /- ALONGWITH
INTEREST
Court Fee paid Rs. /-
RESPECTFULLY
SHEWETH:
1- That the plaintiff is a company under
the name and style of M/s …………………………. and Mr………………………………….. through whom the
present suit is being instituted is the of the plaintiff company and he has
been authorized by the plaintiff vide Resolution dated and he is fully
competent to engage the counsel, sign the vakalatnama, plaint, application for
stay, affidavit, applications etc. to depose before this Hon’ble court and to
do such other acts, deeds and things. The copy
of the Resolution
is enclosed as
Annexure –A.
2- That the plaintiff is engaged in the
business of ………………………………
3- That during the course of business
with the defendant the plaintiff has done. An agreement to this effect was
executed between the plaintiff and the defendant on………………………………………. The plaintiff
did the job work as per the satisfaction of the defendant. During the course of
business, the plaintiff issued proper bills to the defendant, which were
accepted and acknowledged by the defendant. The copy of the Bill is enclosed as
Annexure –B.
4- That as per the statement of account
maintained by the plaintiff the balance amount of Rs. ……………………………………. /- is
outstanding against the defendant as on after receiving the last payment of Rs……………………………….
/- on …………………….. The photocopies of Agreement and statement of account are
enclosed.
5- That as per the terms and conditions of
the Agreement the defendant have to make the payment of % on the delivery of the…………………………., which
was supplied to the defendant in time but the payment was not made by the
defendant up to…………………………. Thereafter so many requests were made to the defendant
to make the payment so as the work could be done in time but the defendant
failed to make the payment. It is no out of place to mention here that the work
was delayed due to the reason known to the defendant. The defendant violated
the terms and conditions of the Agreement.
6- That the account of the defendant
became irregular and inspite of repeated requests and demands the defendant
failed to regularize their account and also failed to make the payment in time.
7- That the plaintiff requested the
defendant several times to make the payment of the outstanding amount which is
lying against them but the defendant on one pretext or the other avoided to the
legitimate requests of the plaintiff without any cause or reason and has
stopped the payment of the plaintiff. In this contest the plaintiff has so many
times orally and in writing approached the defendant to make the payment of the
outstanding amount lying with the defendant. the notice was sent to the
defendant by the plaintiff, but the defendant failed to make the payment
thereafter the and wrote a letter stating that the account of the plaintiff is
debited with Rs. /- without any reason. The defendant is trying to make liable
the plaintiff for their wrongs. The defendant issued the same to cheat the plaintiff.
The defendant are evading and neglecting the payment of the plaintiff with one
false pretext or the other and with some ulterior purpose and motives
therefore, the plaintiff cannot trust on the defendant anymore and cannot and
cannot wait for an indefinite period hence they have been compelled to take
efficacious legal action against the defendant.
8- That the account of the defendant
become irregular and inspite of repeated requests and demands the defendant
failed to regularize their account and also failed to make the payment in time.
9- That the plaintiff was induced by the
defendant to believe in making false representations that they would honour the
payment on receipt of the invoice but plaintiff realized letter that the
intentions of the defendant was not clear and became decisive, the defendant
after receiving the goods, converted the same in their own use and still the
defendants have not paid the money to the plaintiff as assured by them.
10- That the defendant fraudulently and
dishonestly induced the plaintiff to deliver their property and as such the
defendant deceived the plaintiff and caused wrongful loss. The defendant were
bound to protect the interest of the plaintiff but the defendants failed to do
so hence the defendant have committed an offence punishable under section IPC
and other provisions of the law.
11- That as per the initial terms and
conditions settled with the defendant by the plaintiff, the plaintiff is
entitled for an interest @ % per annum
which is the prevailing rate in the market usage and is the banking rate of
interest on outstanding. The plaintiff claims interest at the above rate from
the defendant it became due till the date of realization.
12- That plaintiff served a legal Notice
dated through registered post upon the defendant calling upon them to make the
payment of Rs. /- along with interest @ % per annum which was duly received by
the defendant. On the receipt of this notice the defendant contacted with the
plaintiff and demanded some time for making the payment because the defendant was
facing some financial problems. But on refused to make any
payment to the
plaintiff.
13- That the cause of action to file the
present suit accrued on each and every date when the plaintiff requested the
defendant to make the payment of the outstanding amount due against the
defendant. The cause of action further accrued on when the plaintiff sent a
legal Notice to the defendant calling upon to make the payment of the plaintiff
outstanding against the defendant. The cause of action finally accrued in
favour of the plaintiff and against the defendant on when the defendant refused
to make payment of the same to the plaintiff. Hence is the final date of cause of
action accrued in favour of the plaintiff and against the defendants. Hence
this suit.
14- That the present suit being filed by
the plaintiffs against the defendant is the first suit and no such suit has
been previously filed, pending or decided by any court of law on the same
subject matter.
15- That plaintiff and the defendant
reside and the and entire cause of action also accrued between the parties at ,
within the territorial jurisdiction of this Hon’ble court, therefore, this
Hon’ble court has got the jurisdiction
to entertain and
try the present
suit
16- That the value of the suit for the
purposes of court fee and jurisdiction is assessed at Rs. /- upon which Advocate
Court fee Stamp of Rs. …………………………. /-
has been affixed on the plaint.
PRAYER: [CD2]
It
is, therefore, prayed that this Hon’ble court may graciously be pleased to pass………
(i) a decree for recovery of Rs. /- along
with interest @ % per annum since till upto date may kindly be passed in favour
of the plaintiff and against the defendant
(ii) costs of the suit may be awarded in
favour of the plaintiff and against the defendant or
(iii)
any
other relief which this Hon’ble court deems fit and proper may kindly be granted
in favour of the plaintiff and against the defendant.
Verified that the contents of Paras
No. of the plaint are true and correct to best of my knowledge and Paras No. of
the plaint are true to best of my knowledge and belief.
Verified
at …………………
Verified
on …………………
PLAINTIFF
Through
counsel Advocate
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