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Format of suit against bank loan defaulter | Civil suit against borrower | KCC loan Civil Suit

 Format of suit against bank loan defaulter | Civil suit against borrower | KCC loan Civil Suit 

IN THE HONOURABLE COURT OF CIVIL JUDGE SR.DIV

                             Civil Suit No._____of 2022

Sarva Haryana Gramin Bank Branch at _______, with its Head Office situated at __________,  Previously at the time of Financing, the name of the bank was Gurgaon Gramin Bank which Dissolved on 29.11.2013 and amalgamated vide Gazette Notification date 21.12.2005 in Sarva Haryana Gramin bank. The said Gazette Notification was issued by 21.12.2005 on of Govt. Of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi. The said Sarva Haryana bank is sponsored by Punjab National Bank carrying on Banking Business and having its Head Office at R______________ and one of its Branch Office at _______ through its power of Attorney Holders Sh……….. age    Aadhar no.     acting as Recovery cum principal officer of Sarva Haryana gramin bank branch at __________.

                                                    ……Plaintiff.

VERSUS.

Smt.Ashadevi________________                                                                                                

                                               ……….Defendant

SUIT FOR RECOVERY OF RS.78,800/-( RS. seventy eight thousand eight hundred  ONLY)

Sir,                        

     The plaintiff respectfully submits as Under:-

1-That the plaintiff Bank is a Bank constituted and functioning under the Regional Rural Bank act 1976 and having its Head office situated in __________and  one of the Branch at ________. Sh. ………… has been constituted as an attorney for the Plaintiff Bank and He is authorized by the competent authority to institute, file and present this suit. He is well conversant with facts of the case  and is able to depose in respect of the same.  He is the General Attorney in this regard and he is competent to sign and verify all types of pleadings, written statements, replications, petitions, affidavits, vakalatnamas, executions, various other applications and to do all other acts necessary for the proper conduct of legal proceedings filed on behalf of the Plaintiff/ Bank.

2- That the defendant approached the plaintiff Bank for sanction of short term/unsecured  loan of Rs. 50,000/ for purpose of KCC and submitted a loan application for grant term loan of Rs. 50,000/-

3- That the Plaintiff bank agreed to the request of the said defendant and sanctioned a short term loan of Rs. 50,000/-( (Rs. Fifty thousand only) to the defendant on dated 22-06-2012 . The sanctioned loan amount of Rs. 50,000/- was disbursed by the plaintiff bank to the defendant on 22-06-2012 and the defendant furnished a receipt GA-6ab regarding receiving the amount of Rs 50,000-/-.

4- That the defendant being the borrower executed and signed agreement for agrl. advance in favour of the plaintiff bank on 22-06-2012.

5-  That according to the terms and conditions of the said agreement the defendant had agreed to pay all debt must be credited within a year till the expiry of limit and to pay the interest @ - % above the Reserve Bank of India rate subject to the minimum of 7% P.A. with yearly rests and also so long as the principal or part thereof remains unpaid. The defendant agreed that if yearly interest and/or the principal in arrears as the case might be was paid .The defendant agreed abide by the term and conditions of the said agreement. It was also agreed that if the defendant failed to repay the outstanding amount within time in that case the defendant shall be responsible to pay 2% penal interest over the due amount.

6- That the defendant has failed to repay the outstanding amount in full as well as the amount of interest as and when it became due which is very much evident from the statement of account attached herewith the plaint. Now the plaintiff is entitled to recover the balance of Rs. 78,800/- from the defendant inclusive of interest calculated upto 31-12-2019.

7- That the plaintiff several times demanded the amount due in above said loan and the interest thereof from the defendant verbally as well as through registered and unregistered letters but the defendant in-spite of that did not pay the amount in suit and they have now finally refused to make the payment about a week ago, hence, this suit.

8- That the defendant have failed to repay the loan in full as well as the amount of interest as and when it became due which is very much evident from the statement of account attached herewith the plaint. The defendant executed an agreement for advances on dated 22-06-2012. The defendant  took a loan on dated 22-06-2012. The defendant executed balance and security confirmation letter on dated 28-12-2015 and confirmed the due balance of Rs.49,966/- plus interest and further the defendant no.1 executed balance and security confirmation  letter on dated 31-09-2018 and confirmed the due balance of Rs.64,848/- plus interest . The period of limitation is 3 years i.e. up to 30.09.2021. Hence the suit of plaintiff bank is well within limitation

9- That the cause of action accrued to the plaintiff against the defendant firstly on 22-06-2012 when the loan agreement and guarantee deed were executed and signed by the defendants.  The cause of action also arose on 22-06-2012 when the defendant no. 1 take the loan from the plaintiff bank. The cause of action also arose when The defendant no. 1  executed balance and security confirmation  letter on dated 28-12-2015 and confirmed the due balance of Rs.49,966/- plus interest and further the defendant no.1 executed balance and security confirmation  letter on dated 31-09-2018 and confirmed the due balance of Rs.64,848/- plus interest. The cause of action to file the present suit also arose when the notices were served to the defendant requiring to pay the outstanding in the loan account and the defendant no.1 failed to do so. The cause of action finally arose about a weak ago when the defendant no.1 refused to make the payment. In the circumstances mentioned above the plaintiff bank has a cause of action to file the present suit and the suit of the plaintiff is well within limitation.      

10-  That the loan in question was taken and repayable at _______ and the defendants reside and the cause of action  has arisen within jurisdiction of this Hon’ble court, hence, this Hon’ble Court has jurisdiction to try the suit.

11- That the value of the suit for the purpose of jurisdiction and court fee is Rs. 78,800/- on which a fixed court fee Rs. ………………………… has been affixed on the plaint.

Prayer

        It is, therefore, prayed that a money decree for the recovery of Rs. 78,800/-( Rs. Seventy eight thousand eight hundred only)  as on 31-12-2019 along with costs of the suit and  future and pendentelite interest at the rate of 14.5% per annum from 01-01-2020 till the realization of the decreetal amount in favour of the plaintiff bank and against all the defendants jointly and severally.

          Any other relief which this Hon’ble Court deems fit and proper, may also be awarded in favour of the plaintiff bank and against the defendants.

                                     PLAINTIFF  

Gurgaon Gramin Bank  now merged in SARVA HARYANA GRAMIN BANK 

VERIFICATION.                 

Verified that the contents of Para 1 to 7 & Prayer clause  of the plaint are true and correct to the best of my knowledge and rest of para nos.7 & 8  are my belief . Verified at               

                                    

Through Counsel

  

                              

 (Affidavit in support of plaint)

 In the Hon’ble court of  Civil Judge (Senior Division) ____

 

Sarva Haryana Gramin Bank Branch

Versus

Smt. Asha Devi and others

Suit for recovery

Affidavit

I  ………………………………the recovery-as well as principal officer of Sarva Haryana Gramin Bank Branch at ___________  do here by solemnly affirm and declare as under:-

1-  That I am employed and working as a the recovery-as well as principal officer Sarva Haryana Gramin Bank _________ and I am competent to swear this affidavit because I am well conversant with the facts of the present suit and have also been authorized to file and sign and the above said suit for recovery against the defendant.

2-  That the contents of the accompanying  suit may please be read as part of this affidavit and the same have not been reproduced here for the sake of brevity.

3-  That the accompanying suit has been drafted at my instructions and the contents of which are true and correct on the basis of record maintained by the plaintiff bank in its ordinary course of business and as per the information  received and nothing has been concealed therein.

                                                              Deponent

Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in . Verified at                                                                                                                                     Deponent

 

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