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    Draft No. 4: Suit For Recovery of Money

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    Raghav Dhoot
    1. ABC Pvt Ltd filed a summary suit against Jeetu Waghmare and Nandu Waghmare, partners of XYZ and Sons, to recover Rs. 11 lakh owed for automobile spare parts delivered in June 2018. 2. XYZ and Sons initially paid with a cheque that bounced due to insufficient funds. They then issued a post-dated cheque that also bounced. 3. Despite a legal notice, XYZ and Sons has failed to pay the outstanding amount. ABC Pvt Ltd is seeking recovery of the principal amount along with 8% interest from the date payment was due until the date of payment by the defendant.

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    Draft No. 4: Suit For Recovery of Money

    Uploaded by

    Raghav Dhoot
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    1. ABC Pvt Ltd filed a summary suit against Jeetu Waghmare and Nandu Waghmare, partners of XYZ and Sons, to recover Rs. 11 lakh owed for automobile spare parts delivered in June 2018. 2. XYZ and Sons initially paid with a cheque that bounced due to insufficient funds. They then issued a post-dated cheque that also bounced. 3. Despite a legal notice, XYZ and Sons has failed to pay the outstanding amount. ABC Pvt Ltd is seeking recovery of the principal amount along with 8% interest from the date payment was due until the date of payment by the defendant.

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    1. ABC Pvt Ltd filed a summary suit against Jeetu Waghmare and Nandu Waghmare, partners of XYZ and Sons, to recover Rs. 11 lakh owed for automobile spare parts delivered in June 2018. 2. XYZ and Sons initially paid with a cheque that bounced due to insufficient funds. They then issued a post-dated cheque that also bounced. 3. Despite a legal notice, XYZ and Sons has failed to pay the outstanding amount. ABC Pvt Ltd is seeking recovery of the principal amount along with 8% interest from the date payment was due until the date of payment by the defendant.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views8 pages

    Draft No. 4: Suit For Recovery of Money

    Uploaded by

    Raghav Dhoot
    1. ABC Pvt Ltd filed a summary suit against Jeetu Waghmare and Nandu Waghmare, partners of XYZ and Sons, to recover Rs. 11 lakh owed for automobile spare parts delivered in June 2018. 2. XYZ and Sons initially paid with a cheque that bounced due to insufficient funds. They then issued a post-dated cheque that also bounced. 3. Despite a legal notice, XYZ and Sons has failed to pay the outstanding amount. ABC Pvt Ltd is seeking recovery of the principal amount along with 8% interest from the date payment was due until the date of payment by the defendant.

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    © All Rights Reserved
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    of 8

    DRAFT NO.

    4: SUIT FOR RECOVERY OF MONEY

    IN THE COURT OF THE HONBLE CIVIL JUDGE SENIOR DIVISION, PUNE


    PUNE CIVIL COURT: ……………………….
    AT ……………….
    Summary Civil Suit No. 457/2018
    (Under Order XXXVII of the Code of Civil Procedure 1908)

    Between
    ABC Pvt. Ltd., (Through Mr. Radhesham Tiwari) ……………….
    Plaintiff
    Having Registered Office at
    414, Meridian Road, Nariman Point,
    Mumbai, Pincode

    v/s
    Mr. Jeetu Waghmare, ………………
    Defendant 1
    Legal Representative for XYZ and Sons
    S/o Mr. Anil Waghmare,
    Aged 39 Years, Occ: Partner, XYZ Ltd.,
    Resident of: Kothrud, Pune

    AND

    Mr. Nandu Waghmare …………….


    Defendant 2
    S/o Mr. Kumar Das,
    Aged 35 Years, Occ: Partner, XYZ Ltd.,
    Resident of: Malvadi, Pune
    PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII AND
    ORDER XXXVII OF CIVIL PROCEDURE CODE 1908

    The Plaintiff most respectfully submits:-

    1. That the present suit is being filed under specific provisions of Rule 2
    of Order XXXVII of the Code of Civil Procedure.
    2. That no relief, which does not fall within the ambit of this rule, has
    been claimed in the plaint.
    3. That the Plaintiff, ABC Pvt. Ltd. is a Private Limited Company engaged
    in the business of manufacturing automobile spare parts, having its
    registered office at 414, Meridian Road, Nariman Point, Mumbai. The
    present suit is being instituted through one Mr. Radhesham Tiwari,
    the Managing Director of the Company (DIN Number: 77719994), and
    he is fully competent to engage the counsel and depose before the
    Hon’ble Court.
    4. That the Plaintiff has been engaged in the business of manufacturing
    automobile spare parts and has been supplying the same to various
    retail outlets for the past two decades.
    5. That the Defendant is one Mr. Jeetu Waghmare and Nandu Das,
    partners in the partnership firm named XYZ and Sons, registered
    under the Partnership Act, who are in the business of retailing
    automobile spare parts in Kothrud, Pune.
    6. That the defendant contacted the plaintiff on 13 th June, 2018 with a
    purchase inquiry for spare parts worth Rs. 11,00,000/- (Rupees
    Eleven Lakh Only) and subsequently placed the order for the same.
    7. That the plaintiff duly delivered the goods to XYZ and Sons at Pune on
    the 17th of June, 2018, and the delivery was acknowledged in a
    purchase invoice. The copy of the Purchase Invoice is annexed
    herewith and marked as Annexure - 1.
    8. That XYZ and Sons issued a cheque with number 844848, dated 23 rd
    June, 2018 of Rs. 11,00,000/- (Rupees Eleven Lakh Only). The Copy
    of the Cheque is annexed herewith and marked as Annexure – 2.
    9. That the cheque bearing number 844848 was duly deposited with Axis
    Bank, Nariman Point Branch, Mumbai on 23rd June, 2018.
    10. That other necessary particulars are as under for the convenience of
    this Hon'ble court:-
    a. Date of Issuance of Cheque: 28th January, 2018
    b. Date of Presentation of Cheque: 31 st January, 2018 (within 3
    months from 28th January, 2018)
    c. Date of Dishonour of Cheque: 4th February,2018
    d. Date of Receipt of Memo of Dishonour of Cheque: 4th February,
    2018
    e. Date of Sending of Notice: 7th February, 2018 (within 15 days from
    4th January, 2018)
    f. Date of Service of Notice: 10th February, 2018
    g. Date when Cause of Action Arose: 26th February, 2018 (15 days
    after service on 10th February, 2018)

    11. That vide communication dated 23rd of June, 2018 from Axis Bank,
    Nariman Point Branch, the cheque bearing number 844848 was
    returned dishonoured as the funds were insufficient in the defendants’
    bank account.
    12. That pursuant to the dishonour, the plaintiff through its Accounts
    department communicated the same to the defendants, in person and
    through e-mail to which the defendant had assured full payment
    within seven days and had issued a new post dated cheque for 4 th
    July, 2018, bearing number 606969. The Copy of the Cheque is
    annexed herewith and marked as Annexure – 3
    13. That on 4th July, 2018, the second cheque of amount Rs. 11,00,000/-
    (Rupees Eleven Lakh Only), bearing number 606969 was deposited,
    but it was dishonoured again.
    14. That owing to these circumstances, the Plaintiff through its counsel
    sent a legal notice to the defendants conveying the second dishonour
    on the 4th of July, 2018, and directed full payment within fifteen days
    of the notice, neglecting which legal proceedings shall be initiated. A
    copy of the trail mail with all the above averments are annexed
    herewith and Marked as Annexure - 4.
    15. That no communication has been made till date by the defendants
    regarding the payment of money, i.e. Rs. 11,00,000/- (Rupees Eleven
    Lakh Only).
    16. That the present suit is a result of the non-cooperation of the
    defendants.
    17. That the cause of action accrued to the plaintiff against the defendant
    within the jurisdiction of this Hon’ble Court on July 04, 2018, when
    the legal notice was served by the plaintiff to the defendants which
    was not acted upon thereafter.
    18. That the plaintiff is entitled to an interest @ 8% (at the rate of eight
    percent per annum) which is lesser than the prevailing market rate
    and bank rates, from the date it became due till the date of realization.
    19. 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.
    20. That the plaintiff and defendants’ business and the entire cause of
    action accrued between the parties at Kothrud, Pune, which is within
    the territorial jurisdiction of this Hon’ble Court.
    21. That the Court fee of Rs. 26,340/- (Rupees Twenty Six Thousand
    Three Hundred Forty Only) has been paid by the petitioner.

    PRAYER

    The Plaintiff thereby humbly prays:


    1. That the amount due by the defendant of Rs. 11,00,000/- (Rupees
    Eleven Lakh Only), be ordered for payment to the plaintiff and the
    leave to defend may please be granted accordingly.
    2. That the interest on the principal sum from 4 th July 2018 till the date
    of institution of suit be awarded and interest pendente lite at the rate
    of 8% may be granted till the payment by the defendant.
    3. That the costs of the suit be awarded to the plaintiff against the
    defendant in the summary proceeding.

    And to pass such other order or orders as this Hon’ble Court may
    deem fit and proper in the circumstances of the case in the interest of
    Justice.

    Pune

    Counsel for Plaintiff Plaintiff

    Date: July 24, 2018


    VERIFICATION

    I, the plaintiff above named do hereby verify that the contents of this plaint
    from paragraph 1 to 13 are true and correct to my personal knowledge and
    paragraphs 14 to 19 are believed to be true and correct according to the
    legal advice received to me

    Signed and Verified

    ___________________
    Plaintiff
    AFFIDAVIT
    I, Mr. Raghav Dhoot, on behalf of ABC Pvt. Ltd. and Mr. Radhesham Tiwari
    hereby solemnly affirm and state as under -:

    1. That the deponent is the plaintiff in this suit. I am fully conversant


    with the facts of the plaint and am competent to swear this on
    affidavit on my behalf.
    2. That the present plaint has been drafted by my counsel and under my
    instructions and guidance.
    3. That the contents of the plaint may kindly be read as part and parcel
    of this affidavit.

    Deponent Verified by me
    LIST OF DOCUMENTS/ANNEXURES

    Annexure Document Dated Sign of


    No Party/Counsel
    1 Copy of Purchase Invoice 17 June, Sd
    from XYZ and Sons 2018
    2 Copy of Cheque bearing 23 June, Sd
    number 844848 drawn on 2018
    Axis Bank, Nariman Point
    Branch
    3 Copy of Cheque bearing 4 July, 2018 Sd
    number 606969 drawn on
    Axis Bank, Nariman Point
    Branch
    4 Copy of Trailing E-mail Sd
    Communication
    5 Copy of Legal Notice 4 July, 2018 Sd

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