Suit for Settlment/Rendition of Account, Declaration, Cancellation of Documents

IN THE COURT OF … SENIOR CIVIL JUDGE KARACHI CENTRAL

Civil Suit No.                /11

RIAZ Ahmed

S/o. Siddique Ahmed,

Muslim, adult, R/o. House No. MC-926,

Green Town, Shah Faisal Colony,

Karachi.                            ……………………………………       PLAINTIFF

VERSUS

1.       Province of Sindh

          Through its Secretary Home,

          Tughlaq House, Karachi.

2.       Qamar S/o. Not Known

          P.S.P Officer, Office of the CPO,

          I.I. Chundrigar Road, Karachi.

3.       Mehmood D.S.P.

           Office of the CPO,

          I.I. Chundrigar Road, Karachi.

4.       S.H.O.

          P.S. Shahra.e.Faisal Colony,

          Karachi

5.       Manager Samba Bank,

          Ibrahim Trade Tower

          Shahra.e.Faisal,

          Karachi.                     …………………………          DEFENDANTS

SUIT FOR SETTLEMENT/RENDITION OF ACCOUNTS, DECLARATION, CANCELLATION OF DOCUMENTS, DAMAGES AND PERMANENT INJUNCTION

The Plaintiff abovenamed submits as under: -

1.            That the parties to suit are previously known to each other and were on visiting friendly terms with each others since long time.

2.            That the plaintiff is a businessman and runs manufacturing of plastic articles and supplies in Karachi and adjacent cities.

3.            That the defendant No.2 & 3 called the plaintiff in their office and offered to invest their amount in business on partnership basis, which was refused with thanks.

4.            That after sometime the defendant No.2 & 3 under police squad called squat called the plaintiff at office and was not left with ant other option then to invest Rs.0.5 million and give profit of Rs.5000/= per week, which was however not acceptable, even then they enhanced the amount of Rs.0.5 million to Rs.1.5 million and settled the return of amount of Rs.60,000/= per month in a mode of Rs.15,000/= per week, which was being paid and more than a double of original amount of Rs.1.5 million has already been paid, yet the demand of the defendants is not extinguished and finished.

5.            That the defendants have changed their garb and have issuede threats of involving the plaintiff in blind FIRs throughout Karachi and entire Sindh and have also threatened to interfere in the business place and have sent ghundas to close the working premises. 

6.            That the plaintiff repeatedly requested them to give accounts, settle the same, but inspite of utmost efforts of the plaintiff, the defendant No. 2 & 3 did not respond on the contrary the defendant No.4 seems to be involved as he has also issued threats that the plaintiff should act and dance on the finger tips of the defendant no. 2 & 3 else otherwise the plaintiff will see the difficult days.

7.            That the plaintiff went from pillar to post and earth to sky to settle the matter amicably but inspite of sincere efforts, no fruitful results could be obtained.

8.            That about fortnight ______ back the defendant No. 2, 3, & 4 raided on the workshop place and under difficult attitude and threats of dire consequences obtained Cheque No. 0968050, dated 09-02-2011 amounting to Rs.45,000/= drawn at Samba Bank Ltd. Ibrahim Trade Tower Shahra.e.Faisal, Karachi alongwith previous Cheque No. 0968044, dated 05-11-2010, amounting to Rs. 20,000/= nad other  Cheque No. 0026057736, amounting to Rs. 20,000/= dated 14-12-2010 of Faisal Bank, as a forcible guarantee with an undertaking that the Cheques amount due stands paid off and the same will not be presented in bank, such intimation was alsosent to Bank but now the defendants are threatening to bokk the plaintiff on the basis of the cheques abovementioned of which payment has already been made.

9.            That the latest position is that the defendants are bent upon to knock the amount from the plaintiff by putting him under fear of death nad false involvement in blind FIR and false case.

10.         That the defendant have also refused to settle the accounts as to how much they have received and adjusted the amount towards principle amount, however the plaintiff is ready to pay them in one go the remaining amount if any and is ready to accept the amount   due against them in easy installments, but cannot become tool of fear further.

11.         That the cause of action for filling this suit accrued firstly on about 2 years back and secondly on 14-12-2010 when they obtained the cheques mentioned above on threats and lastly on 1^st. February 2011 when they refused to settle the account and forced illegally to pay them the indefinite amount and wants to usurp all the amount paid to them till today, which continues till today.

12.         That most of cause of action has arisen as well as the defendants are also residing within limits of P.S Shah Faisal colony, which is within jurisdiction of this Hon’ble Court.

13.         That for the purpose of Court fee and jurisdiction, the suit is valued for declaration and cancellation of documents/cheques, Rs.45,000/= for settlement of account, Rs.10,000/= and for damages to be calculated by appointing commissioner before passing preliminary Decree and for Permanent injunction at Rs.400/= upon which no court fees is paid being under the exemption limits, the plaintiff under takes to pay the court fee if he is decreed enhance from the excemption limits.

PRAYER

                  It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

1.                    To declare that the Cheque No. 0968050, dated 09-02-2011 amounting to Rs.45,000/= drawn at Samba Bank Ltd. Ibrahim Trade Tower Shahra.e.Faisal, Karachi alongwith previous Cheque No. 0968044, dated 05-11-2010, amounting to Rs. 20,000/= nad other  Cheque No. 0026057736, amounting to Rs. 20,000/= dated 14-12-2010 of Faisal Bank, were post paper gurantee cheques, which were not encashable nor presentable in Bank and not against any liability but has a guarantee till the full and final settlement of the account.

2.                    To Cancel the Cheque No. 0968050, dated 09-02-2011 amounting to Rs.45,000/= drawn at Samba Bank Ltd. Ibrahim Trade Tower Shahra.e.Faisal, Karachi alongwith previous Cheque No. 0968044, dated 05-11-2010, amounting to Rs. 20,000/= nad other  Cheque No. 0026057736, amounting to Rs. 20,000/= dated 14-12-2010 of Faisal Bank, being already adjusted and thus claim on the basis of the said cheques were/is patently illegal, unjustified, ill-based, null and void.

3.                    To declare that the threats and demands of amounts of the defendant No. 2 & 3 are illegal, unjustified and null and void.

4.                    To grant permanent injunction against the defendants thereby restraining the defendants, their servant(s)

5.                    Costs of the suit.

6.                    Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated:         -----/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, RIAZ Ahmed S/o. Siddique Ahmed,Muslim, adult, R/o. House No. MC-926, Green Town, Shah Faisal Colony, Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.     

Dated: ------/10/11.                                                              

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    Annexure P/1 to P/      .

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                        Cloth, Robson road, Karachi.