Summary Suit under Order XXXVII of Code of Civil Procedure download for recovery of money against return of cheque, negotiable instrument or confirmed debt.

Format of Recovery Suit in MS word to file Petition against Defendant for return of cheque with claim of cheque amount and interest.

Civil Procedure Code Order 37 provides for the summary procedure. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favour of the plaintiff if (1) the defendant has not applied for leave to defend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted.

 

 

 

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 SHOWETH:

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 18th _____________ 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 

SNO  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  

 

Plaintiffs


Through
_______________
Advocates for the Plaintiffs

Dated:
New Delhi

 

IN THE COURT OF _____________________________


C.S. (OS) NO ________________ OF 20__


IN THE MATTER OF:

M/s. ________________ ...Plaintiff

VERSUS

M/s. ________________ ...Defendants

 

AFFIDAVIT


I, ___________, Son of _____________, Aged about ____ years, resident of _______ _________________ _____________, do hereby solemnly affirm and declare as under:

1. That I am the authorized representative of the Plaintiff in the above Suit and I am well conversant with the facts and circumstances of the case and application to depose the present affidavit.

2. That I have read and understood the contents of the accompanying Plaint and I state that the same are true and correct to my knowledge and the no part of it is false and nothing has been concealed there from.


DEPONENT


VERIFICATION:
Verified at New Delhi on this ______day of ____, 20__ that the contents of the above affidavit 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.


DEPONENT