Showing posts with label Civil Suit. Show all posts
Showing posts with label Civil Suit. Show all posts

30 October 2021

Suit for recovery of money | Bank recovery suit

 

IN THE COURT OF HON’BLE CIVIL JUDGE (SENIOR DIVISION)

                                                                         Civil Suit No. __________ 

Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and transfer of Undertaking) Act. 1970, having its Head Office at 2, Netaji Subhash Road, Kolkata 700001, it has its Branches through out India and one such Branch is situated at _____________________.                                                                                                                                                               ……………Plaintiff

                                                Versus

1.  Smt. Rakwati wife of __________ (BEING BORROWER/MORTGAGOR) &

2.  Chander Pal son ___________________.

                                                                                        – (BEING CO-BORROWER).

3.  Raj Veer son of Sh. ______________________________

4.    Mahender Singh 

                                                                                        (3 & 4 BEING GUARANTORS).

                                                                                                  …………Defendants

Suit for Recovery of Rs.14,56,963/- (Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only) & Court Fee of Rs.81,300/- (Rupees Eighty One Thousand Three Hundred only).

R/Sir,

               The plaintiff above named respectfully submits as under:-

1.    That the plaintiff bank is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act. 1970, having its Head Office at 2, Netaji Subhash Road, Kolkata 700001, it has its Branches throughout India and one such Branch is situated at __________________. It is a body corporate, which can sue or be sued in its own name.

2.    That Sh. ____________ is presently the Branch Manager and Principal officer of Allahabad Bank, Old Faridabad Branch and is competent to institute / file the present suit. He is conversant with the facts of the present suit and as such is in position to depose about the correctness, otherwise of facts stated in this Plaint. He is competent to sign and verify all types of Pleadings, Vakalatnama, Affidavits, Applications, Executions and to do all acts necessary for the proper conduct of legal proceedings filed on behalf of the Plaintiff / Bank vide Authority Letter issued in his favour by Competent Authority.

3.     That on the Loan Application of the Defendant No.1 & 2, the Plaintiff/ Bank sanctioned Housing Loan of Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) under Allahabad Bank Ashiana Scheme for construction of House on Residential Property comprising in Rect. No. ______, Killa No. _________to the extent of 50 Sq. Yds. situated with in the Revenue Estate of _______and falls with in the Municipal Limits of Municipal Council at _________.

4.    That Plaintiff Bank disbursed Rs.5,28,211/- (Rupees Five Lakh Twenty Eight Thousand Two Hundred Eleven) on 16/03/2016 and Rs.4,00,000/- (Rupees Four Lakh) on 27/04/2016 and Rs.3,00,000/- (Rupees Three Lakh) on 17/05/2016 and were disbursed in Housing Loan Account No. 50326896572 of Defendants.

5.     That in consideration of sanctioning of the above said House Loan of Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) under Allahabad Bank Ashiana Scheme for construction of House, the defendants, signed, executed and delivered security documents for valuable consideration in favour of plaintiff bank mentioned herein under :-

(i).   Loan Application For House Loan Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) dated 04/02/2016.

(ii).  Sanction Letter For House Loan under Allahabad Bank Ashiana Scheme Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) by Branch Manager with Terms & Conditions to Borrowers/Mortgagor/Guarantor dated 02/03/2016.                    

(iii).  Acknowledgement Letter accepting Terms and Conditions of Sanction                Letter dated 02/03/2016.

(iv).  DPN (Demand Promissory Note) of Rs.5,28,211/- (Rupees Five Lakh Twenty Eight Thousand Two Hundred Eleven) dated 16/03/2016 and DPN (Demand Promissory Note) of Rs.4,00,000/- (Rupees Four Lakh) dated 27/04/2016 and DPN (Demand Promissory Note) of Rs.3,00,000/- (Rupees Three Lakh) dated 17/05/2016.      

(v).   Declaration by Borrower/Mortgagor on Affidavit executed on dated 02/03/2016.

(vi).   Personal Guarantee Agreement on Stamp Paper of Rs.100/- executed by Guarantor-Defendant No.3 i.e. Raj Veer.

(vii).   Personal Guarantee Agreement on Stamp Paper of Rs.100/- executed by Guarantor-Defendant No.4 i.e. Mahender Singh

(viii).  Letter of Mortgagor confirming Deposit of Title Deeds for Borrower/ Mortgagor on Stamp Paper of Rs.100/- executed by Borrower/Mortgagor i.e. Defendant No.1 dated 02/03/2016.  

(ix).     Recital dated

(x).     Copy of ID Proofs of Borrowers / Mortgagor/Guarantors.                 

(xi).     Notice issued u/s 12 of SARFAESI Act dated 05/03/2018.

(xii).    Discharge / Closure Amount Receipt of House Loan dated 14/11/2018.

(xiii).   Bank Account Statement of House Loan Account No. 50326896572.

6.        That the defendants utilized Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) and deposit made by the said defendants has been incorporated in the Bank Account Statement of defendant, opened in the books of accounts by plaintiff bank and maintained by the plaintiff bank in its ordinary course of business. The House Loan was agreed to be repayable at monthly installments of Rs.12,600/- in Two Hundred Forty equal installments along with interest @ 9.70% at the time of disbursement of loan with monthly rest. The rate of interest was agreed to be variable form time to time as per Bank Directives. 

7.        That-the-defendants are not paying the loan amount and the plaintiff Bank has approached the defendants for payment of bank dues but the defendants have failed to repay the overdue amount, inspite-of repeated requests and demands and also on personal visits by concerned Branch Managers at the Residence of defendants and in the office of Defendants. The defendants failed to abide by the financial discipline of the plaintiff /bank and Loan Account became NPA on 31/12/2016. Thus, the entire amount and balance outstanding became due and payable to the plaintiff bank. In view of the facts mentioned above, the plaintiff bank had no other alternative except to call upon the defendants to liquidate the above said loan amount and to pay entire amount due towards the defendants of the plaintiff bank in aforesaid loan accounts but to no effect Hence this suit.

8.       That now a sum of Rs. 14,56,963/- (Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only) of the plaintiff bank is due and payable by the defendants to plaintiff bank in aforesaid loan account, including interest up to 14/11/2018 plus (+) future interest and cost of the Suit are payable by the defendants to the plaintiff bank claims the same hereby. The copy of statement of accounts and Closure Amount duly certified as per bankers book of Evidence Act is attached herewith.

9.     That no other suit between the same parties is pending or filed before any court of law on same cause of action.

10.   That cause accrued to the plaintiff bank against defendant on dated 16/03/2016, when the loan was availed by the defendants after execution of security documents in favour of plaintiff bank. The cause of action also accrued when the defendants failed in repayment of installments. It further accrued when the plaintiff bank requested the defendant to make the payment but the defendant failed to pay the same. The cause of action also accrued on 31/12/2016, when the House Loan Account became NPA and also accrued when the plaintiff/bank made demands and on their personal visits to pay their outstanding amount due upon the defendants and also accrued on 05/03/2018, when  Notice u/s 12 of SARFAESI Act dated 05/03/2018 was served to defendants. The cause of action is continuing one.

11.     The suit of the plaintiff is well with in limitation.

12.     That the property upon which Plaintiff/Bank has extended Loan falls with in the territorial jurisdiction of this Hon’ble Court and defendants are also residing in the jurisdiction of this Hon’ble Court, hence this Hon’ble Court has got jurisdiction to entertain, try and decide the present suit.

12.     That value of the suit for the purpose of court fee and jurisdiction is assessed at 14,56,963/- (Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only)  over which a proper and advolourum Court fee of Rs.81,300/- (Rupees Eighty One Thousand Three Hundred only) has been affixed on the plaint.

13.  PRAYER :-

          It is therefore, most respectfully prayed as under:-

(a).       That a decree of recovery of 14,56,963/- (Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only)  along with interest pendentilite up to 14/11/2018 and future interest @ 9.70% P.A. with monthly rest from the date of institution of the suit till final Realization with costs, Charges and other expenses incurred in the suit may kindly be passed in favour of plaintiff and against the defendants.

(b).        That the cost of the suit may also be awarded in favour of the plaintiff and against the defendants.

(c).     That the Litigation Expenses of Rs.21,000/- may also be awarded in favour of the plaintiff and against the defendants.

(e).    Any other relief which this Hon’ble Court deems fit and proper in circumstances of the facts may also be granted in favour of the plaintiff and against the Defendants.

                                                                             PLAINTIFF

                                                     ALLAHABAD BANK,  Through its Branch 

                                                  Manager. 

Through Counsel:

 

Verification  :-

 I, Branch Manager Allahabad Bank do hereby verify that contents of above given plaint from para 1 para 12 are true and correct to best of my knowledge and belief and nothing has been concealed therein.                                     

PLAINTIFF


IN THE COURT OF HON’BLE CIVIL JUDGE (SENIOR DIVISION) 

Allahabad Bank                         Versus                   Smt. Rajwati

Suit For Recovery

                                                        Affidavit

I, ___________________ Branch Manager, Allahabad Bank, do hereby solemnly affirm and declare as under :-

1.  That the Suit for Recovery has been filed on behalf of Allahabad Bank through Deponent and contents of the same may kindly be read as part and parcel of this affidavit for sake of brevity to avoid repetition.

2.    That Deponent has gone through the contents of the suit and same are true and correct to the best of my knowledge and belief and Deponent has signed and verified the same in token of its correctness.                                                                                                                                                             Deponent

Verification : Verified that the contents of Para No.1 and 2 of the above affidavit are true and correct to the best of my knowledge belief.

                                                                          Deponent

07 June 2021

stay against finance vehicle | suit for permanent injunction against a finance company

Here we will discuss about the modal draft of a civil suit for permanent injunction against a finance company (Or stay against finance vehicle | suit for permanent injunction against a finance company) who financed a vehicle and the person who took the vehicle failed to deposit the finance amount on time to the finance company and due to which the company snatched or took the illegal possession of the vehicle. In that case we can file a civil suit for restraining the finance company from snatching the vehicle in question.

 


In the court of Civil Judge, Senior Division, ___________

                                                      

Ravindar Kumar                                                       …….Plaintiff

  VERSUS

M/s Shri Ram Transport Finance Co. Ltd

Branch Office at _________, 2nd Floor, _____

through its Manager/Authorized Representative                                                                            ……Defendant

Suit for Permanent Injunction

R/Sir,

           The plaintiff most humbly submits as under :-

1-      That the plaintiff is registered owner in actual and physical possession of vehicle TATA Dumpher bearing its Registration No. HR-_____________. The said vehicle was purchased by the plaintiff from XYZ son of Sh. ABC, R/o ________and the above said Dumpher has been transferred in the name of the plaintiff. The photocopy of the R.C. is enclosed herewith the plaint.

2-      That the above-mentioned vehicle was financed with the defendant company and as per the settlement between the plaintiff and the defendant it was decided that the plaintiff will pay the 37 equal monthly installment of Rs. 20,880/- per month to the defendant. The previous owner had received the full and final sale consideration of the above said vehicle from the defendant.  

3-        That the plaintiff has paid the following installments to the defendant company  :-

S.No.

Date

Amount

Mode of payment

1-

11-10-2008

Rs. 20,900/-

Cash

2-

08-11-2008

Rs.20,900/-

Cash

3-

08-12-2008

Rs.20,900

Cash

4-

07-01-2009

Rs.20,900

Cash

5-

10-02-2009

Rs.20,900

Cash

6-

07-03-2009

Rs.20,900

Cash

7-

07-04-2009

Rs.20,900

Cash

8-

08-06-2009

Rs.20,900

Cash

9-

22-07-2009

Rs.20,900

Cash

10-

08-09-2009

Rs.21000/-

Cash

11-

08-10-2009

Rs.21000/-

Cash

12-

09-11-2009

Rs.21000/-

Cash

13-

26-12-2009

Rs.22000/-

Cash

14-

23-01-2010

Rs. 21,500/-

Cash

15-

25-02-2010

Rs. 21,500/-

Cash

16-

11-03-2010

Rs. 22,000/-

Cash

17

08-05-2010

Rs. 21,000/-

Cash

18-

08-06-2010

Rs. 24,000/-

Cash

19

 

Rs.21,500/-

Cash

 

TOTAL

Rs. 4,04,600/-

 

 

 

 

 

 

4-       That in this way the plaintiff has been regularly and continuously paying back the loan amount to the defendant company by way of EMIs and till date a total amount of Rs. 4,04,600/- (Rupees Four Lacs four thousand & six hundred) has been paid to the defendant company.

5-      That due to the complete stopping of the mining work the plaintiff has no work and due to this reason the plaintiff could not deposit 1/2  installments with the defendant company. However, the same i.e. due installments have again been refinanced by the defendant company and that has been added in the balance monthly installments which are to be paid by the plaintiff in the future and as such practically there is nothing outstanding towards the plaintiff from the defendant 

6-      That on 12-03-2010 the defendant had sent his hired goons to illegally take the possession of the vehicle of the plaintiff and they also snatched Rs. 10,000/- from the driver of the plaintiff at _____ and the plaintiff filed an application against the defendant before the SHO concerned.

7-      That even though even after 12-03-2010 the defendant company has been regularly accepting and receiving the payment from the plaintiff but yet again on dated 07-06-2010 the defendant company yet again had sent its private and hired goons to once again take the forceful and illegal possession of the plaintiff’s vehicle near village ________.

8-       That the plaintiff on dated 08-06-2010 paid an amount of Rs. 24,000/- to the defendant company which has been duly received by the defendant company vide its receipt dated 08-06-2010 for Rs. 24000/- and at the same time the plaintiff requested the official concerned as to why they are trying to illegally possess /pick up the vehicle of the plaintiff upon which the concerned officials did not answer satisfactorily and just shrugged off and said that probably the orders are from the higher ups. However, he did not give any explanation.   

9-      That the plaintiff has no other independent source of income and the plaintiff is ready to pay the actual amount of finance with simple interest to the defendant as he has been paying it regularly  but the defendant is adamant to pick up the plaintiff’s vehicle without there being any reason or cause illegally and forcefully for which they have no right and title to do so.

10-     That now the defendant along with some musclemen is bent upon to snatch the vehicle from the custody and possession of the plaintiff forcibly and illegally.

11-    That in case the defendant is succeeded in snatching the vehicle of the plaintiff in that event the plaintiff is going to suffer an irreparable loss and injuries which cannot be compensated in any manner whatsoever. 

12-   That the cause of action to file the present suit firstly accrued on 12-03-2010 when the defendant’s private and hired goons tried to snatch the vehicle of the plaintiff and also snatched the amount of Rs. 10000/- from his driver. The cause of action finally arose on 07-06-2010 when  the defendant company yet again had sent its private and hired goons to once again take the forceful and illegal possession of the plaintiff’s vehicle. Hence this suit.

13-     That the present suit being filed by the plaintiff against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.

14-       That plaintiff is residing at ______and the defendant company is situated at _______ and the and entire cause of action also accrued between the parties within the territorial jurisdiction of this Hon’ble court, therefore, this hon’ble court has got the jurisdiction to entertain and try the present suit.

15-     That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs. 200/- upon which a fixed court fees has been affixed on the plaint.

PRAYER:

It is, therefore, prayed that this Hon’ble court may graciously be pleased to:

i)        Pass a decree for permanent injunction restraining the defendant from forcibly snatching the TATA Dumpher bearing its Registration No. HR-_________from the possession and custody of the plaintiff forcibly and illegally and also restraining them from selling the same to any other person forcibly and illegally except in due course of law.

ii)      The costs of the suit may kindly be awarded in favour of the plaintiff and against the defendant.

iii)      Any other Relief which this Hon’ble court deems fit and proper may also kindly be granted in favour the plaintiffs and against the defendant.

                                                                 PLAINTIFF

 RavindarKumar

 

THROUGH COUNSEL


VERIFICATION:Verified that the contents of paras No.1 to 12 of the plaint are true and correct to best of my knowledge and Paras No. 13 to 15 of the plaint are true to best of my knowledge and belief. The last Para is the prayer before this hon’ble court. Verified at                                                                                                             PLAINTIFF


 

 

In the court of Civil Judge, Senior Division, _____________

Ravindar Kuma        VERSUS       M/s Shri Ram Trasport Finance Co. Ltd

 

 Suit for Permanent Injunction

Application Under Order 39 Rule 1 & 2 read with Section 151 CPC

 

RESPECTFULLY SHOWETH

1-     That the applicant/plaintiff has filed the above noted suit today before this Hon’ble court the contents of which be read as part and parcel of this application as the same are not being reproduced here for the sake of brevity and avoidance of repetition.

2-     That now the respondent /defendant along with some musclemen is bent upon to snatch the vehicle from the custody and possession of the plaintiff forcibly and illegally for which they have got no right, title and interest to do so. If the respondent/defendant is succeeded in snatching the vehicle of the applicant/plaintiff in that event the plaintiff is going to suffer an irreparable loss and injuries, which cannot be compensated in any manner whatsoever. 

3-       That there is a good prima-facie case in favour of the plaintiff and against the defendant/respondent the balance of convenience also heavy tilts in favour of the applicant/plaintiff. 

4-     That the purpose for filing the present suit will be defeated in case the relief sought for is not granted to the plaintiff/applicant.

PRAYER:

It is therefore, prayed that an exparte ad interim injunction order thereby restraining the defendants from forcibly snatching the restraining the defendant from forcibly snatching the TATA Dumpher bearing its Registration No. HR-________ from the possession and custody of the plaintiff forcibly and illegally and also restraining them from selling the same to any other person forcibly and illegally except in due course of law may kindly be passed in favour of the applicant/plaintiff and against the respondent/defendant till the final decision of the suit.

Dated                                                                                                                     PLAINTIFF

                                                           

(Affidavit in support of application)

In the court of Civil Judge, Senior Division, _______

                           Ravindar Kumar

                          VERSUS

      M/s Shri Ram Transport Finance Co. Ltd

  Suit for Permanent Injunction

                                           AFFIDAVIT.

I, Ravindar Kumar _____________ do hereby solemnly affirm and declare as under:

1-       That the deponent has filed the above noted suit along with an application for stay, today before this hon’ble court, the contents of which be read as part and parcel of this affidavit for the same of brevity.

2-      That the contents of my above suit and application for stay have been read over to me by my counsel which are true to best of my belief. 

DEPONENT

VERIFICATION:

          Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein. Verified                                                                                                            DEPONENT

(Affidavit in support of plaint)

In the court of Civil Judge, Senior Division, _______

Ravindar Kumar 

VERSUS

M/s Shri Ram Trasport Finance Co. Ltd

 

  Suit for Permanent Injunction

                                             AFFIDAVIT.

I, Ravindar Kumar __________________do hereby solemnly affirm and declare as under:

1-That the plaintiff, has filed the above titled suit in this Hon’ble Court and the contents of the same have been read over to us by our counsel in simple Hindi language, which we accept to be true and correct and same may be read as part of this affidavit in order to avoid the unnecessary repetition.

                                             DEPONENT.

VERIFICATION:Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein.  Verified at

                                                                                                   DEPONENT.