Recovery of Money - Summary Suit

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:
PRAYER
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

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IN THE COURT OF _____________________________

C.S. (OS) NO ______________ OF 20

IN THE MATTER OF:

M/s. ________________ ...Plaintiff

M/s. ________________ ...Defendants

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is a Limited Company having its branch office at

2. The Defendant No.1 is a Private Limited Company having its office at

INVOICE NO. DATE AMOUNT

7. That on _____ Defendant No. 1 had issued a cheque for

8. That the aforesaid cheque for Rs. ___ /- (_only) was

12. That the Suit is within the period of limitation.

b) Award the cost of suit in favour of the Plaintiff; and

Advocate for the Plaintiff

Verified at New Delhi on this __ day of , 20

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