Purpose: To obtain a decree of a civil court for
recovering the borrowed amount.
Civil suit for recovery of amount
Forum: Civil Court
Title/Parties: aggrieved person/plaintiff V/s defendant/s
SUIT FOR RECOVERY OF RS. 90,000/-, PERMANENT AND
MANDATORY INJUNCTION
Respectfully Sheweth:-
Synaptic background of the case is that
defendant No. 1 was working as a midwife at the house of the plaintiff and
during working, she requested to plaintiff that she had to need Rs.35,000/- for
a loan in order to construct her house which the plaintiff gave the same amount
on 26.12.2017 while she again requested for Rs.55,000/- more for the same
purpose so on 07.10.2018 the plaintiff gave Rs.55,000/- to the defendant No. 1 and the defendant No.
1 also executed an affidavit/agreement. Copy of same is attached herewith for
kind perusal of this Hon’ble court.
That as per said affidavit/agreement, it was
agreed between the parties that defendant No. 1 will pay back the said loan of
Rs.90,000/- through deduction of her monthly salary. Defendant No. 1 also
opened an account bearing No. 000000320723 in the bank of defendant No. 2 at the residential address of the
plaintiff.
Meanwhile,
defendant No. 1 left the job of the plaintiff without permission, intimation,
and without return back the said loan amount.
The plaintiff many times, requested defendant
No. 1 to return back the said loan amount to the plaintiff but she not only
refused to do so but also retained herself disappeared.
Now
it came to the knowledge of the plaintiff that defendant No. 1 intends to fly
to her native village/area by withdrawing all her amount pertaining in the
bank/defendant No. 2.
That the defendant is under obligation to pay
Rs.90,000/- to the plaintiff with cost but she failed and if defendant No. 1
succeeded to withdraw her amount from the bank/defendant No. 2, the plaintiff
shall suffer an irreparable loss.
That the cause of action firstly accrued to the
plaintiff, when he gave said loan amount to defendant No. 1 and lastly when the
defendant No. 1 refused to accede the genuine request of the plaintiff and same
is continuing.
That the cause of action accrued to the
plaintiff within the territorial limits of this Hon’ble Court, hence this
learned court has jurisdiction to entertain and try upon the matter.
That the value of the suit for the purposes of
court fee and jurisdiction is fixed at Rs. 90,000/-. However, the plaintiff is
ready to affix the prescribed court fee as and when required by Hon’ble Court.
PRAYER
In
view of the above circumstance, it is, most respectfully prayed that a decree
recovery of Rs.90,000/-may kindly be passed in favor of the plaintiff against
the defendant with cost of suit.
It
is further prayed that a decree for permanent injunction restraining defendant
No. 1 from withdrawing the amount pertaining to the ban/defendant No. 2 in any
manner whatsoever, and a decree for mandatory injunction by directing defendant
No. 2 not to allow issue cash to defendant No. 1 in any manner whatsoever, may
kindly be passed in favor of the plaintiff and against the defendants with
cost.
Plaintiff through Counsel
Verification: Verified on
Oath that the contents of paragraphs are true and correct to the best of my
knowledge and belief and whereas para No. 8 to 10 are believed to be true as
per information received.
Plaintiff
Note: Must be attached an application U/O 39 Rule 1 & 2 read with section 151 CPC for an interim injunction.
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