Suit for recovery U/O 37 CPC
Forum: District Judge
Title: Plaintiff Vs Defendant
SUIT UNDER ORDER 37 OF CPC FOR THE RECOVERY OF RS.
900,000/- (RUPEES NINE HUNDRED THOUSAND ONLY)
Respectfully Sheweth,
That the plaintiff is a law-abiding citizen and is
enjoying a respectable life in society.
That the brief facts leading to
the instant suit are that the plaintiff and the defendant have a friendly
relationship. The defendant requested the plaintiff for a loan amount of
Rs.900,000/- for an extension of his business and he promised to pay the same
within a short period. Upon trust and closed friendship, the plaintiff gave out
a number of Rs. 900,0000/- to the defendant, and the defendant issued and
handed over a cheque bearing No. 12200352, dated 23.12.2020, Bank Standard
Chartered Bank for the purpose of repayment.
That the said cheque was presented
by the plaintiff in the concerned bank which was dishonored on 01.02.2021 due
to insufficient amount in the account of the defendant (copies of cheque and dishonor
slip are annexed herewith for the kind perusal of this Hon’ble court).
Thereafter, the plaintiff brought
in the knowledge of the defendant that the said cheque has been dishonored due
to insufficient funds and demanded the above-stated amount of Rs.900,000/- upon
which the defendant threatened the plaintiff with dire consequences and flatly
refused to pay the same.
That the defendant knowing that
there is no amount lying in his account, issued the above-said cheque with
malafide intention and ulterior motives just to usurp and deprive the plaintiff
of his valuable amount.
That the plaintiff approached the
court of law for lodging of the criminal case against the defendant whereby the
court ordered the concerned SHO for lodging of FIR against the defendant, and
ultimately on 03.03.2021 FIR U/S 489-F PPC was registered against the defendant,
in which the defendant was arrested by the police concerned and was sent to
judicial lockup after physical remand and while detention, the defendant
through some respectable persons approached the plaintiff and made a promise to
return back the said loan amount to the plaintiff with the condition of release
from the jail (copies of FIR and other relevant documents are attached
herewith). The said respectable arbitrator took the responsibility of the
defendant and convinced the plaintiff to record his compromise statement before
the learned trial court and also assured the plaintiff that the defendant will return
the loan amount, when he would release from jail, upon the assurance of the arbitrators,
the plaintiff gave his consent and also recorded his statement before the learned
trial court for the effectiveness of compromise and on the statement of the
plaintiff, the defendant obtained release order from the learned trial court.
That after release from jail, the defendant
along with arbitrators approached the plaintiff and requested the plaintiff for
negotiation, and subsequently a settlement between the plaintiff and defendant
came to the surface. As per the terms and conditions of settlement, it was
decided in presence of arbitrators that the defendant will pay the above-said
loan amount through monthly installments and installments will be started after
six months because the financial position of the defendant is not good, and he
became hand to mouth due to some domestic issues, while analyzing the poor
financial condition of the defendant, the plaintiff admitted the proposal of
the arbitrators and allowed to the defendant to pay the loan amount through
installments as per the above-cited settlement.
According to the decision of the
arbitrators, the plaintiff waited for
six months and after passing the stipulated time period, the defendant failed
even to pay the first installment thereafter, the plaintiff personally approached
the defendant and asked him for the payment but the defendant again started
dilly delayed the matter on one or the other pretext and also started to take
lame excuses, therefore, the plaintiff had left no option except to approach the
arbitrators and informed them about the matter and after repeated efforts of
the plaintiff, the defendant agreed to set with the arbitrators and after a second
meeting with the arbitrators, the
defendant disappeared from the scene and despite a number of telephone calls,
the defendant did not bother to listen to anything reasonable or even to satisfy
the plaintiff as well as arbitrators and thereafter, it came into the knowledge
of the plaintiff that the defendant left the city and shifted his family into
another city. After getting this fact, the plaintiff remained silent but tried
to search him.
In the meanwhile, the plaintiff
succeeded to know about the whereabouts of the defendant through his close relatives
and the plaintiff was astonished to know that the defendant neither shifted to any
other city nor in the next town, within the jurisdiction of the same district. The plaintiff promptly approached
the court and filed a petition for cancellation of the bail granting the order,
in which the defendant was summoned by the learned trial court. The defendant appeared
before the court on almost two or three dates of hearings and when he felt that
he cannot escape from the clutches of the law, the defendant again played a
trick with the plaintiff by requesting that he has no net cash to pay the
plaintiff, rather he has some inherited properties and he can pay the loan amount
to the plaintiff by selling some portion of his inherited property. The
defendant also presented some documents of the property to the plaintiff just to
show his bonafide as well as to gain the trust of the plaintiff. Resultantly,
the defendant executed an affidavit in favor of the plaintiff, in which he categorically
mentioned that he will pay the entire loan amount of Rs.900,000/- to the
plaintiff within one and a half months by selling his property (copies of settlement
documents is annexed herewith for the kind perusal of this Hon’ble court).
Upon the assurance and credibility of the above-cited affidavit,
the plaintiff withdrew his petition for the cancellation of the bail granting
order but even then after availing another opportunity, the defendant again
failed to honor his commitments without any lawful reason or justification. When
the plaintiff probed the matter, then it revealed to the plaintiff that neither
the defendant has any inherited property nor any property belonging to him and
the plaintiff was further informed by inhabitants of the defendant that the
defendant is a fraudulent and cheater person, who used to develop relations with
strangers and gain their trust and confidence and thereafter, he extorts money
and other properties from the innocent people and in this regard, a number of
criminal as well as civil case have already been registered against the defendant
in different police station along with the civil case (copies of criminal and
civil cases may be annexed with the instant plaint for ready reference).
The defendant is a fraudulent, cheater and deceiver, who
deliberately, intentionally, and with preplanning obtained a huge loan amount
from the plaintiff and thereafter played seek and hide tactics with the
plaintiff just in order to grab the above-mentioned huge loan amount of the plaintiff
by way of fraud and cheating, which he defendant has no right to do so, in any
manner and liable to return the above-said loan amount of Rs.900,000/- to the plaintiff
forthwith.
That now the defendant with malice and malafide or ulterior
motives is moving false, frivolous and baseless applications against the plaintiff
before a different police station just in order to refrain the plaintiff from
claiming or demanding the loan amount. The defendant is also an influential person,
who is using his undue influence upon the local police and the local police is summoning
the plaintiff time and again in the police station.
That the defendant is legally and morally bound to return
the above said huge amount to the plaintiff, as the plaintiff earned the amount
through hardworking, while the defendant while taking the advantage of trust
and friendship firstly took the above-said amount from the plaintiff and thereafter
with malafide intention or ulterior motives did not return the same to the plaintiff.
It is relevant to mention here that prior to the instant loan amount the defendant
also made some money transactions with the plaintiff just to build the trust of
the plaintiff upon him.
That the plaintiff many times requested the defendant to
restrain from his nefarious acts and design and to return back the above-said
loan amount of Rs.900,000/- to the plaintiff but the defendant is not adhering
the genuine and lawful request of the plaintiff without any plausible reason or
justification, therefore, the plaintiff has left with no option but to file
this suit for recovery of the amount, hence this suit before this Hon’ble court
for redressal of grievance of the plaintiff.
That the cause of action firstly accrued to the plaintiff
when the amount was given by the plaintiff, thereafter when the cheque was
dishonored, and the plaintiff lodged a criminal case against the defendant,
secondly when the defendant obtained the bail granting order on the statement of
the plaintiff and finally a week ago, when the defendant has flatly refused to
pay the amount of the plaintiff and started threatening the plaintiff and is
still continuing day by day.
That both parties are residing within the territorial
jurisdiction of this Honourable Court, so this Honourable Court has got
jurisdiction to entertain the suit and decide the matter.
That the value of the suit for the purpose and court fee and
jurisdiction is fixed Rs.15,000/- and the plaintiff is ready to deposit
appropriate court fees as per direction of this Honourable Court, as and when
required.
Prayer:
It is, therefore, respectfully prayed that a decree for
recovery of Rs.900,000/- (Rupees Nine Lac only) U/O 37 of CPC may please be
passed in favour of the plaintiff against the defendant with costs.
It is further prayed that the above-said amount of Rs.900,000/-
may be recovered from the person and assets/properties of the defendant.
Plaintiff Through Counsel
Verification:-
Verified on Oath that the contents of
para No. 1 to 7 are true and correct to the best of my knowledge belief and
information and para No. 8 to 10 are also correct.
Plaintiff
Note:
to attach all the relevant documents including cheque, dishonor slip, other
cases against the defendant etc
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