Nature of
grievance:
Suit on a bill of exchange or promissory-note payable at a fixed
time after sight or after demand: For the
recovery of money based on a bill of exchange or promissory-note which is
payable at a fixed time after sight or after demand – A Suit may be filed for
the recovery of money, within three years from the date, when the fixed time
after sight or demand expires, under Article 34 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
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) (Please see the Note below)
d)
The
Defendants 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 –
e)
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)
f)
The
Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC,
1908, direct the defendants 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;
g)
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)
h)
Interim/ad-interim
reliefs in terms of prayer clauses _______ as aforesaid.
i)
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 / Promissory Note, in favour
of the Plaintiffs, which was payable at a fixed time after sight or after
demand:
2. The date when the time fixed
expires, after sight or after demand:
3. The Defendant No.___ had accepted
the said Bill of Exchange:
4. The fact that Notice of dishonour
was waived by the Defendant:
5. The fact that on a particular
date, the Plaintiffs demanded money from Defendant:
6. The fact showing that the
Defendant has failed and neglected to pay the money, at the expiry of the date,
which was fixed after sight or after demand:
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