Nature of
grievance:
Suit on a bill of exchange payable at sight, or after sight but not
at a fixed time: For the
recovery of money based on a bill of exchange payable at sight, or after sight
but not at a fixed time – A Suit may be filed for the recovery of money, within
three years from the date, when the Bill is presented, under Article 32 of the
Indian Limitation Act, 1963.
Reliefs prayed:
(As may be appropriate and applicable to the facts
of one’s case)
a)
The
Defendants be ordered and decreed to pay Rs.______, as per particulars of
Claim, annexed to the Plaint (Exhibit
“____”);
b)
The
Defendants be further ordered and decreed to pay interest on the Suit amount,
@18% from the date of filing of Suit, till date of judgment; and further
interest @18 / 12 / 6 % from the date of judgment till payment;
c)
The
Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the
rights of the Plaintiff may be frustrated); (as may be applicable to the facts of the case) (Please see the Note
below)
d)
The
Defendants be permanently injuncted from acting (permanently restrained from doing
of certain acts), such acts which would otherwise frustrate the rights of the
Plaintiffs, or such acts, which would otherwise run contrary to the rights of
the plaintiff; (as may be applicable to
the facts of the case)
e)
The
Defendant be ordered and decreed by way of Mandatory Injunction to __________
“perform certain acts”; (as may be
applicable to the facts of the case) (Please see the Note below)
Interim and Ad-Interim Reliefs: Pending the
hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the
ends of justice from being defeated, be pleased –
f)
The
Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC,
1908, issue a warrant to arrest the defendant/s and bring him before the Court
to show cause why he should not give security for his appearance, and if he
fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the
case)
g)
The
Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908,
direct the defendant to either (i) furnish security to produce any property
belonging to him and to place the same at the disposal of the Court or (ii)
order the attachment of his property, or, (iii) furnish the bank guarantee for
the Suit amount or (iv) deposit the Suit amount in the Court;
h)
The
Hon’ble Court, in the due exercise of their powers u/s 75 and O.26 of CPC,
1908, be pleased to appoint Court Commissioner, to hold a scientific,
technical, or expert investigation; or to perform any other ministerial act; (as may be applicable to the facts of the
case) (Please see the Note below)
i)
Interim/ad-interim
reliefs in terms of prayer clauses _______ as aforesaid.
j)
Such
further and other reliefs as this Hon’ble Court may deem fit and proper in the
circumstances of the case as may be necessary.
Note: In Summary Suits, the Reliefs could
only be in the nature of Money, i.e. the Principal sum and the interest, if any
claimed, and no declaration or injunction of any nature could be asked for. In
Summary Suits, even unliquidated compensation or damages cannot be claimed.
However, if other Reliefs are also required to be sought, then, preferably, a
leave of the Court under O.2 R.2 may be obtained to file a separate Suit for
other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming
all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are
not maintainable in every District Court, in such cases, a comprehensive Suit
for all the Reliefs may be filed. Also, please take note of this whilst making
averments in the body of Plaint.
Material facts of the case:
The Plaintiffs, most respectfully
submit that, having regard to the nature of reliefs prayed for in this Suit,
the following facts become germane to the controversy herein; And, the
reasonable satisfaction of the existence or the non existence, as the case may
be, of these facts, may entitle the Plaintiffs the judgment in their favour.
The chronology / chain of events, which has led to the present situation, and
has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court.
[In the chronology / chain of events, the following facts should be set out
in clear terms, at appropriate juncture.]
1. The facts showing that,
pursuant to money lent, or pursuant to any other transaction, business or
otherwise, the Defendants executed / accepted a Bill of exchange, in favour of
the Plaintiffs, payable at sight, or after sight but not at a fixed time, and when
the said Bill of Exchange, was presented for payment:
2. The Defendant No.___ had accepted
the said Bill of Exchange:
3. The fact that Notice of
dishonour was waived by the Defendant:
4. The fact showing that the
Defendant has failed and neglected to pay the money, on the presentation of the
Bill of Exchange:
In Money Claim Suits, to claim interim relief, “of arrest of
the Defendant to cause him to furnish security for his appearance, pending the
disposal of the Suit”, any one of the facts must be shown to have exist –
1. Facts and circumstances
showing that, with intent to delay the plaintiffs, or to avoid any process of
the Court or to obstruct or delay the execution of any decree which may be
passed against him, the defendant has absconded or left the local limits of the
jurisdiction of the Court:
or
2. Facts and circumstances
showing that, with intent to delay the plaintiffs, or to avoid any process of
the Court or to obstruct or delay the execution of any decree which may be
passed against him, the defendant is about to abscond or leave the local limits
of the jurisdiction of the Court:
or
3. Facts and circumstances
showing that, with intent to delay the plaintiffs, or to avoid any process of
the Court or to obstruct or delay the execution of any decree which may be
passed against him, the defendant has disposed of or removed from the local
limits of the jurisdiction of the Court his property or any part thereof:
or
4. Facts and circumstances
showing that, with intent to delay the plaintiffs, or to avoid any process of
the Court or to obstruct or delay the execution of any decree which may be
passed against him, the defendant is about to leave India under circumstances
affording reasonable probability that the plaintiff will or may thereby be
obstructed or delayed in the execution of any decree which may be passed against
the defendant in the suit:
In Money Claim Suits, to claim interim relief of “directing
the Defendant to furnish security for certain sum of money, either by
furnishing the bank guarantee or by depositing the said sum of money in the
Court”, or to effect the conditional attachment of his immovable property,
pending the disposal of the Suit”, any one of the facts must be shown to have
existed.
1. Facts and circumstances
showing that, with intent to obstruct or delay the execution of any decree
which may be passed against him, the defendant is about to dispose of the whole
or any part of his property:
or
2. Facts and circumstances
showing that, with intent to obstruct or delay the execution of any decree
which may be passed against him, the defendant is about to remove the whole or
any part of his property from the local limits of the jurisdiction of the
Court:
or
3. Facts and circumstances
showing that the Defendants have admittedly committed default in making payment
of debt; and the Defendants have not even bothered to respond to the legal
notice of demands being issued by the Plaintiffs; and the Defendants have prima
facie no defense to the demand made by the Plaintiffs; and if the claim of the
Plaintiffs is not secured by passing appropriate order against the Defendants,
there would be a paper decree in the hands of the Plaintiffs and such huge
claim made by the Plaintiffs would not be recovered.
or
4. Facts and circumstances
showing that the Defendant has become incommunicable, i.e. he is not available
at the place where he regularly carries on business; and he doesn’t answers the
phone calls, nor the Defendant makes any reply to the Notices which are being
sent; and therefore there is a reasonable apprehension that the Defendant may
dispose of the whole or any part of his property, to the serious prejudice of
the Plaintiffs and other creditors of the Defendants:
or
5.
Facts
and circumstances showing that the Defendant in their letters and emails, in
unambiguous terms have admitted the claim of the Plaintiffs; and / or the
Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have
stated that the Defendant is facing severe financial crunch; and therefore
there is a reasonable apprehension that the Defendant may alienate, encumber,
dispose or create third party rights in respect of their immovable properties,
to the serious prejudice of the Plaintiffs and other creditors of the
Defendant; and there may not be other properties which could have been made
available for the purposes of satisfying the decree, if any, passed against the
Defendants; and if the claim of the Plaintiffs is not secured by passing
appropriate order against the Defendants, there would be a paper decree in the
hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be
recovered.
[To claim any relief in the nature of declaration] The facts showing that the
Plaintiff is entitled to some legal position, or to some property, or to some
right of any nature whatsoever; and the facts and circumstances showing that
the Defendant is doing some act by which the Defendant deny such rights of the
Plaintiffs;
[To claim any relief in the nature of permanent injunction] The facts showing that the
Plaintiff is entitled to some legal position, or to some property, or to some
right of any nature whatsoever; and the facts and circumstances showing that
the Defendant is doing some act by which the Defendant interferes with such
rights of the Plaintiffs;
[To claim any relief in the nature of mandatory injunction] The facts showing that the
Defendant is under obligation under the law or under the contract, to perform
certain acts, which he is neglecting to do, and the Courts can compel
performance of such acts, and the performance of such acts are essential
pending the final disposal of the Suit, and the failure of performance of such
acts may render the Suit infructuous.
Jurisdiction:
Limitation:
Valuation:
Power of Attorney:
Facts constituting the cause of action:
Verification:
Please
find updated draft at:
https://www.litigationplatform.com/
Important Links
Comments
Post a Comment