IN
THE COURT OF DISTRICT JUDGE AT KARACHI
WEST.
Civil Suit No. Of 2001.
Mst.
A ………………………………………………………………………….. Plaintiff.
Versus
B, Managing Director/Chief Executive
Of M/S. XYZ Industries (PVT) LTD.
Karachi
West. …………………………………………………………. Defendant.
SUIT FOR RECOVERY UNDER ORDER XXXVII
RULE 2 CODE OF CIVIL PROCEDURE, 1908
The plaintiff most respectfully
entreats to submit as under: -
- That the plaintiff is a law abiding citizen and having been dealing in with the Defendant on. defendant for the last about six years as he is managing director/chief executive of M/S XYZ Industries (PVT) LTD and certain mounts were paid by the plaintiff to the defendant on the basis of interest and the defendant used to return the amount along with profit.
- That the defendant on 6-4-1998 clearing the all outstanding amount issued a cheque in the name of the plaintiff of Muslim Commercial Bank Limited Site Branch, Karachi, bearing cheque No.07375292.The consideration of the aforesaid cheque was received by the defendant (photo state copy of the cheque issued by defendant is appended herewith marked as annexed ‘A’.
- That the plaintiff having full confidence on the defendant kept the cheque. In her possession and on 5-6-1998, feeling necessity of money, presented the same in the Muslim Commercial Bank Limited, S.I.T.E. Branch, Karachi, but the same was dishonored for lack of money. (Photo state copy of bank slip is appended herewith and marked as annexed as ‘B’.
- That the plaintiff after the dishonor of cheque contacted with the defendant and informed him about the situation where the defendant felt a shame and uttered some words of sorry and promised that he will pay soon RS.4, 00,000/- directly in cash to the plaintiff and will receive back the original cheque as the defendant clarified as due to down fall in the business cash was not available in the account and for this reason, the cheque was dishonored.
- That the defendant from time to time on approaching by the plaintiff promised to pay the cheque amount Rs.4, 00,000/- but subsequently he willfully and malafidely failed to pa y the same but on 21-01-2000, the defendant for best reasons known to him flatly refused for payment, hence this suit for the recovery.
- That the defendant issued cheque to the plaintiff, appended with the plaint, marked as annexed “A” after receiving consideration, since the cheque was bounced, thus the plaintiff is entitled to sue the defendant for recovery of cheque amount along with interest and cost of the suit.
- That the plaintiff earlier sued the defendant but the said suit was returned by this honorable court with permission to sue the defendant in his personal capacity, hence, this suit.
- That the cause of action accrued to the plaintiff against the defendant firstly on 9-6-1998, when cheque was dishonored, secondly when he failed to pay the same, in spite of several promise and thirdly when on 21-1-2000 he malafidely refused to make payment and the same remained to continue day to day till the filling of this case within the local limits of Police Satiation: S.I.T.E ., Karachi West which is within the territorial jurisdiction of this honorable court.
- That the proper court fee of RS:10,775/- has been affixed.
P R A Y E R
The plaintiff there fore prays for judgment and
decree in her favour and against the defendant, as under.
A> To direct
the defendant to pay RS: 4,00,000/- according to the cheque bearing No.07375292 issued by him to the plaintiff of
M.C.B. S.I.T.E. Branch, Karachi ,vide
dated:06 -4 -1998 along with interest at the rate of RS:16% per annum from the
date of filing of this suit till its realization.
B> Cost of the
suit be awarded.
C> Any other
equitable relief (s), as this honorable court may deem fit and proper under the
circumstances of this suit .
Karachi Plaintiff
Dated :15-5-2001
No comments:
Post a Comment