IN THE COURT OF SENIOR CIVIL JUDGE
Suit No………….
In Re:
M/s………………
Through Shri…………Director) ………………. Plaintiff
Versus
M/s………………..
(Through Shri……………Director) ………………. Defendant
SUIT FOR RECOVERY UNDER ORDER 37 OF C.P.C.
Sir,
The Plaintiff above named respectfully submit as under:
1. That the plaintiff is a company registered under the Indian Companies Act, 1956 and Shri………..is the director of the company duly authorized to sign and verify pleadings, swear affidavit, depose on behalf of the company as per the resolution passed in the Board of Directors at the meeting of the company held on……..
2. That the defendant is also a company registered under the Indian Companies Act, 1956 and Shri……….is the director of the company and is responsible for day to day affairs of the defendant company.
3. That the defendants had been purchasing computer peripherals from the plaintiffs and in consideration thereof issued the following cheque/cheques:
| Serial No. | Cheque No. | Dated | Amount | Drawn On |
4. That the said cheques when presented for payment by the plaintiffs through their bankers, ……….., were returned dishonoured on account of ‘insufficiency of funds’ in the account of the defendants maintained with the bank.
5. That after dishonour of the cheque, the plaintiffs contacted the defendants and called upon them to make the payment, but the defendants avoided the payment on flimsy and untenable grounds.
6. That as the defendants have failed to make the payment, the plaintiffs bns have no other alternative, but to file the instant suit against the defendants.
7. That not making payment after the purchase of the goods shows ulterior and mala fide motive of the defendant which has resulted in wrongful gain to the defendant and wrongful loss to the plaintiff.
8. That the defendants have no right to withhold the payment of the plaintiff without any cause or justification and as the defendants have failed to make the payments due to plaintiffs, cause of action has arisen for filing the instant suit against the defendant.
9. That the cause of action for filing suit arose on………when the goods were actually sold to the defendants and again arose on………. When the cheque was issued by the defendants and it further arose on……….when the cheque issued by the defendants was returned dishonoured.
10. That the value of the suit for the purposes of Court fees and jurisdiction has been fixed at Rs……….on which a Court fee of Rs……….has been affixed.
11. That the goods were supplied at………………, payment was to be made at………….., cheque was issued at…………………..and the defendant has its office at………,,,,,,,…….as such…….………..Courts have jurisdiction to try and adjudicate upon the instant suit.
12. That nothing which cannot be claimed under Order 37, CPC has been claimed in the instant suit.
PRAYER
The plaintiffs pray for the following relief(s):
(i) A decree for a sum of Rs………. (Rupees……….only) may be passed in favour of plaintiff and against defendant.
(ii) Pendente lite interest may be awarded.
(iii) Any other relief/reliefs which this Court may deem fit and appropriate under the circumstances may be passed against the defendants.
Plaintiff
Through
Director
Through
Counsel
VERIFICATION
Verified at………on this day of……..that the contents of paras 1 to 9 are correct as per my own knowledge and as per the books of accounts and other records maintained by the company in its ordinary course of business and contents of paras 10 to 12 are correct as per the information received and believed to be correct. The last para contains the prayer to this Hon’ble Court.
Plaintiff