IN THE COURT OF _____________________________
C.S. (OS) NO ________________ OF 20__
IN THE MATTER OF:
M/s. ________________ ...Plaintiff
VERSUS
M/s. ________________ ...Defendants
SUIT UNDER ORDER XXXVII OF THE CODE
OF CIVIL PROCEDURE, 1908 FOR
RECOVERY OF Rs. _______/- (RUPEES
_____________)
MOST RESPECTFULLY SHWETH:
1. The Plaintiff is a Limited Company having its branch office at
_________________________________________________
____________________________________and having its
Registered Office and Factory at
_________________________________________________
__________________________. The Plaintiff provides
solution for _________________________technology,
technological design and with highly skilled engineering team
provides application oriented solutions that suits Indian
Environment. The present Suit is being filed through Mr.
_________________________________, Manager
Sales (North), the authorised Signatory of the Plaintiff who
has been duly authorised vide Board Resolution dated 18 th
_____________ to file the present Suit on behalf of the
Plaintiff.
2. The Defendant No.1 is a Private Limited Company having its
office at __________________________, India.
3. That the Defendant No.2 is the Director of Defendant No. 1
Company and is responsible for execution of all the functions
related to the business of the Company.
4. That in the year __________ the Defendants approached the
plaintiff to purchase ______________ Products and placed
order to purchase products from the Plaintiff.
5. That the Plaintiff had sold ______________ product worth
Rs. ______________/- (Rupees ______________) to
Defendant No. 1 and Defendant No. 1 through its staff had
taken delivery of the product as per the details mentioned
below.
INVOICE NO. DATE AMOUNT
6. That the Defendant No. 1 had made payment of Rs.
___________ towards part payment against the above said
invoices. There is a balance of Rs. _______________
(Rupees ________________ only) receivable by the
Plaintiff against the above mentioned invoices.
7. That on _________________ Defendant No. 1 had issued a
cheque ____________ for _____________/- (Rupees
_____________ only) drawn on _________________ to
the Plaintiff towards part payment against the remaining
amount.
8. That the aforesaid cheque for Rs. ___________________ /-
(_________________only) was presented by the Plaintiff
to the bankers of Defendant No. 1 i.e.
______________________ .
9. That the said cheque had been dishonoured by bankers of
Defendant No. 1 with the reason "Exceeds Arrangement "
which was intimated to the Plaintiff by their Bankers
___________________ through their cheque return memo
dated _____________ received on _____________.
10. That thereafter in spite of many telephonic, e-mail reminders
and personal visit by the staff of plaintiff, the Respondents
failed to make the payment due to the Plaintiff.
11. That the Plaintiff issued a legal notice dated
______________ demanding amount of Rs. _____________
against the returned cheque, which was not replied by the
Defendants.
12. That the Suit is within the period of limitation.
13. That the cause of action arose in favour of the Plaintiff and
against the Defendants. The cause of action arose on 14-Jun-
__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the Defendants
purchased ____________ product worth ___________
(Rupees ________________). The cause of action arose
when the Legal Notice dated _________ was send by
registered post on ____________ upon the Defendants.
14. That this Hon'ble Court is competent to try the
present Suit as the Branch office of the Plaintiff
through which the transactions are done is
situated in its territorial jurisdiction.
In the facts and circumstances of case mentioned
herein above this Hon’ble Court may graciously be
pleased to:
P R A Y E R
a) pass a decree against the Defendants jointly
and severally to pay the sum of Rs.
_________________/- Along with pendent lite
and future interest @24% per annum; and
b) Award the cost of suit in favour of the Plaintiff;
and
c) Pass such other or further orders as this
Hon’ble Court may deem fit in the facts and
the circumstances of the case.
Plaintiff
Through
Advocate for the Plaintiff
Dated:
New Delhi
VERIFICATION:
I, ______________, the authorised representative of the Plaintiff
do hereby verify that the contents of the para 1 to …... of the
Plaint are true and correct to my knowledge and as derived from
the records of the case, no part of it is false and nothing material
has been concealed there from.
Verified at New Delhi on this............. day of ………, 20__
DEPONENT
LIST OF DOCUMENTS
S.NO. PARTICULARS PAGE NO.
1 Copy of Board Resolution authorizing
the Plaintiff’s authorized
representative
2 Original Dishonored Cheque
3 Cheque Returning memo dated
_____________
4 Copy of Legal Notice dated ____
5 Postal Receipt No. ___________
dated ________.
6 Copy of Invoices
7 Any Other document with the kind
permission of the Hon’ble Court
Plaintiff
Through
Advocate for the Plaintiff
Dated:
New Delhi
