IN THE COURT OF THE SMALL CAUSES JUDGE

AT BANGALORE

S.C.No. /2015

Between:

Sri.Dilip Patwardhan Plaintiff

And:

Sri.Tabrez Defendant

INDEX

Sl.No. Description Pages C.F.(Rs.)

1. Plaint U/O VII Rule 1 & 2 CPC 1-

2. Verifying Affidavit

3. Valuation Slip

4. List of Documents with copies

5. I.A.No.1 U/o 6 rule 14 CPC

6. I.A.No.1 U/o 38 rule 5 CPC

7. Vakalathnama

8. Process Memo with plaint copy for defendant

9. Memo for safe custody of the original documents

Bangalore,
Date: 17.08.2015 ADVOCATE FOR PLAINTIFF

Page 1 of 13
 IN THE COURT OF THE SMALL CAUSES JUDGE

AT BANGALORE

S.C. No. /2015

Plaintiff: Sri. Dilip Patwardhan,

Aged 39 years,
S/o R.C.Patwardhan,
Proprietor,
M/s. Bhagyalakshmi Paper Company,
No.10, 17th ‘C’ Main,
2nd Block, 2nd Floor,
Rajajinagar,
Bangalore - 560 010

-Vs-

Defendant: Sri. Tabrez,

Proprietor,
M/s. S.R, Packaging,
No.45, 3rd Cross,
2nd Main Road,
Opposite Nanjappa Industrial Estate,
Kamkshipalya, Kaveripura,
Bangalore - 560079

*****

PLAINT UNDER ORDER VII RULE 1 READ WITH SECTION 26

OF THE CODE OF CIVIL PROCEDURE

The Plaintiff above named most humbly begs to submit as

under:

1. The address of the Plaintiff for the purpose of service of

summons, notices, etc., from this Hon’ble Court is as stated in the
Cause title and also of his Counsel, Sri.________________,
Advocate, # _______, 2nd Floor, ______________ Complex, 1st Main
Road, Gandhinagar, Bangalore – 560 009.

2. The address of the defendant for the same purpose is as

shown in the cause title above.

Page 2 of 13
3. The Plaintiff herein is a Proprietary concern carrying on the
business in paper and paper boards at the address stated in the
cause title. The Plaintiff states that the defendant is one of the
customers and used to place orders for supply of paper and paper
boards on the Plaintiff. Inturn, the Plaintiff used to supply paper
and paper boards so ordered by the defendant under its credit
invoice. That the Plaintiff has supplied the goods so ordered by the
defendant under invoice No.378 dated 04.08.2014 for a sum of
Rs.53,407/-. The copy of the invoice is herewith enclosed as
Document No.1.The defendant has duly received the goods
covered under the said invoice.

4.That as per the books of accounts of the Plaintiff, the Defendant

is liable to pay a sum of Rs.57,910/- (Rupees Fifty Seven
Thousand Nine Hundred and Ten Only). That the Defendant
towards payment of the balance amount has issued a Cheque
bearing No.016340 dated 18.12.2014 for a sum of Rs.57,910/-
(Rupees Fifty Seven Thousand Nine Hundred and Ten Only) drawn
on Karnataka Bank Limited, Amarjyothinagar Branch, Bangalore,
drawn in favour of the Plaintiff concern. The copy of the cheque is
herewith furnished as Document No.2.The Plaintiff presented the
said cheque for collection through his banker HDFC Bank,
Richmond Road Branch, Bangalore but to the utter dismay of the
Plaintiff, the said cheque returned dishonoured vide memo dated
13.03.2015, with a Shara “FUNDS INSUFFICIENT”. The Copy of
the Bank endorsement is herewith furnished as Document No.
3.Consequently the Plaintiff got issued legal notice on 19.03.2015,
notifying about the dishonour of cheque and demanded payment
of the cheque amount from the Defendant, along with interest at
24% P.A and the said notice was sent through RPAD. That the
said notice sent to the address known to the Defendant has
returned unserved. The copy of the legal notice and unserved
postal cover is herewith enclosed as Document No.4 & 5.That the
Plaintiff has also informed the Defendant over the phone regarding
the dishonour of the cheque and the Defendant has assured the

Page 3 of 13
Plaintiff that he will make good the payment and sought time and
requested the Plaintiff not to initiate any criminal proceedings.
That the Plaintiff in order to maintain cordial business
relationship has granted time to the Defendant and has not
initiated any criminal action against the Defendant. That the
Defendant has misused the faith reposed by the Plaintiff on
Defendant and has dragged the issue of payment and has not
made the payment as promised and was successful in preventing
the Plaintiff from initiating any criminal action.

5. That the Plaintiff has also maintained ledger extract in

respect of the transaction had with the Defendant and the interest
accrued on the invoice amount is debited by way of debit note
dated ………., in a sum of Rs……../- and the bank charges
towards dishonoured cheque is debited vide debit note dated …….
in a sum of Rs.150/-. That the copies of the ledger extract and the
debit notes are herewith enclosed as Document No.6 to 8.That
the transaction in question is commercial in nature and as per the
conditions of the invoice the Defendant is liable to pay interest at
the rate of 24% in case of delay, even otherwise it is trade usage to
charge interest on the delayed payment and as such the Plaintiff
is entitled for the interest claimed herein.

6. The defendant is liable to pay the following amounts to the

Plaintiff:
a)Invoice amount Rs.57,910/-
b)Interest at 24% per annum
for 8 Months Rs.9265/-
c)Bank Charges Rs.150/-
d)Notice charges Rs. 2000/-
TOTAL Rs.69,325/-
(Rupees Sixty Nine Thousand Three Hundred and Twenty Five
Only)

7. The cause of action for the suit arose on 04.08.2014 when

the invoice was raised, on 18.12.2014 when the cheque was

Page 4 of 13
issued, on 03.02.2015when the legal notice was issued and on
subsequent date within the jurisdiction of this Hon’ble Court.

8. That the suit transaction has taken place within the

jurisdiction of this Hon’ble court and as such this Hon’ble court
has got territorial jurisdiction to try this suit.

9. That the suit is valued at Rs.69,325/- (Rupees Sixty Nine

Thousand Three Hundred and Twenty Five Only) and the court fee
of Rs.4,875/- is paid on the plain and the separate valuation slip
is enclosed.

10. No other suit is filed or pending between the parties on

the same subject matter or on the same cause of action and for
same relief in any other Court of law, except the private complaint
as stated above, to the knowledge of the Plaintiff.

WHEREFORE, the Plaintiff most humbly prays that this

Hon’ble Court be pleased to pass a Judgment and Decree against
the defendant to pay a sum of Rs.69,325/- (Rupees Sixty Nine
Thousand Three Hundred and Twenty Five Only) together with
current/future interest at 24% per annum from the date of this
suit till realization and pass such other order or orders as this
Hon’ble Court may deem fit in the circumstances of the case,
including costs of this suit, in the interest of justice and equity.

ADVOCATE FOR PLAINTIFF PLAINTIFF

VERIFICATION
I, Dilip Patwardhan, the Proprietor of the Plaintiff concern,
do hereby declare that what is stated in the above paragraphs
are true and correct to the best of my knowledge, information
and belief, in the interest of justice.

Bangalore,
Date: 17.08.2015 PLAINTIFF

Page 5 of 13
 IN THE COURT OF THE SMALL CAUSES JUDGE

AT BANGALORE

S.C. No. /2015

Plaintiff: Sri.Dilip Patwardhan,

-Vs-

Defendant: Sri. Tabrez

VERIFYING AFFIDAVIT

I,Dilip Patwardhan, aged 39 years, S/o. R.C. Patwardhan,

No.10, 17th C Main, II Block, Rajajinagar, Bangalore – 560 010, do
hereby solemnly affirm and state on oath as under:-

1. I state that I am the Proprietor of the Plaintiff concern M/s.

Bhagyalakshmi Paper Company and well aware of the facts and
circumstances of the case. I have filed the above suit for recovery
for money against the defendant. Hence I am swearing to this
affidavit.

2. I state that the averments made in Para 1 to 10 of the Plaint

are true and correct to the best of my knowledge, information and
belief.

3. That the documents furnished vide No. 1 to 8 along with the

plaint are the original/true copies of the same.

VERIFICATION

I, Dilip Patwardhan, the deponent do hereby solemnly

affirm and state that this is my name and signature and the
contents of this affidavit are true and correct

Identified by me,
Deponent
Sworn to before me
Advocate,
Bangalore,
Date: 17.08.2015.
No. of corrections:

Page 6 of 13
 IN THE COURT OF THE SMALL CAUSES JUDGE

AT BANGALORE

S.C.No. /2015

Plaintiff: Sri. Dilip Patwardhan.

- Vs -

Defendant: Sri. Tabrez

LIST OF DOCUMENTS

1. Invoice

2. Ledger extract for the period 01.08.2014 TO 01.08.2015.

3. Cheques bearing No.016340 dated 18.12.2014.

4. Banker’s memo dated 19.012.2014.

5. Legal Notice dated 03.02.2015.

6. Postal Receipt

7. Unserved Postal Cover.

Bangalore,
Date: 17.08.2015 ADVOCATE FOR PLAINTIFF

Page 7 of 13
 IN THE COURT OF THE SMALL CAUSES JUDGE

AT BANGALORE

I.A.No. /2015

S.C. No. /2015

Plaintiff: Sri. Dilip Patwardhan.

- Vs -

Defendant: Sri. Tabrez

DECLARATION UNDER ORDER 6 RULE 14-A OF THE CODE OF

CIVIL PROCEDURE CODE

That the Plaintiff states that the addresses stated in the

cause title to the above suit in respect of the parties are true and

correct.

Bangalore,
Date: 17.08.2015. ADVOCATE FOR PLAINTIFF

Page 8 of 13
 IN THE COURT OF THE SMALL CAUSES JUDGE,
AT BANGALORE

I.A.No. /2015

S.C. No. /2015

Plaintiff: Sri. Dilip Patwardhan,

Aged 39Years,
S/o R.C.Patwardhan,
Proprietor,
M/s. Bhagyalakshmi Paper Company,
No.10, 17th ‘C’ Main,
2nd Block, 2nd Floor,
Rajajinagar,
Bangalore 560 010,

-Vs-

Defendant: Sri. Tabrez,

Proprietor,
M/s. S.R, Packaging,
No.45, 3rd Cross,
2nd Main Road,
Opposite Nanjappa Industrial Estate,
Kamkshipalya, Kaveripura,
Bangalore - 560079

APPLICATION UNDER ORDER 38 RULE 5 OF THE CODE OF

CIVIL PROCEDURE, 1908

For the reasons sworn to in the accompanying affidavit

the Plaintiff prays that this Hon’ble Court be pleased to pass an
ad-interim order of attachment before Judgment of the
movables found in the premises of the defendant as stated in the
Schedule hereunder, pending disposal of the suit, in the interest
of justice and equity.
SCHEDULE

All the movables like furniture, fixtures, fans, tables, chairs,

raw-materials, finished products and cash found at the premises
of the defendant i.e. at M/s. S.R, Packaging, No.45, 3rd Cross, 2nd
Main Road, Opposite Nanjappa Industrial Estate, Kamkshipalya,
Kaveripura, Bangalore, to the extent of the suit claim of Rs.
Rs.69,325/- as shown by the Plaintiff.

Bangalore,
Date: 17.08.2015 ADVOCATE FOR PLAINTIFF

Page 9 of 13
 IN THE COURT THE SMALL CAUSES JUDGE

AT BANGALORE

S.C. No. /2015

Plaintiff: Sri. Dilip Patwardhan.

- Vs -

Defendant: Sri. Tabrez

AFFIDAVIT

I,Dilip Patwardhan, aged 39 years, S/o. R.C. Patwardhan,

No.10, 17th C Main, II Block, Rajajinagar, Bangalore – 560 010, do
hereby solemnly affirm and state on oath as under:-

1. I state that I am the Proprietor of the Plaintiff concern and

well aware of the facts and circumstances of the case.I have filed
the above suit for recovery of money against the defendant. The
plaint averments may be read as part and parcel of this Affidavit
to avoid repetition of facts.

2. I state that I used to supply paper and paper boards so

ordered by the defendant under its credit invoice. I state that I
have supplied goods so ordered by the defendant under invoice
No.378 dated 04.08.2014 for a sum of Rs.53,407/-. The defendant
has duly received the goods covered under the said invoice. I state
that as per my books of accounts the Defendant is liable to pay a
sum of Rs.57,910/-. I submit that towards the payment of the
invoice amount I have issued a Cheque bearing No.016340 dated
18.12.2014 for a sum of Rs.57,910/- drawn on Karnataka Bank
Limited, Amarjyothinagar Branch, Bangalore, drawn in favour of
the Plaintiff concern. I state that I have presented the said cheque
for collection through my banker HDFC Bank, Richmond Road
Branch, Bangalore. But to my utter dismay the said cheque
returned dishonoured memo dated 13.03.2015, with a Shara
“FUNDS INSUFFICIENT”.

Page 10 of 13
3. I state that it has come to my notice that the Defendant is
not in a position to discharge the debts and the debts are
more than the assets. That many of the creditors are thronging
the Defendant and pressuring for payment and there is hectic
move at the hands of the Defendant to sell off the assets and the
finished products at a throw away prices.The Defendant has
fallen due of the amount to various persons in the market and if
the Defendant succeeds in his attempts to leave the jurisdiction, I
may not be able to receive any amount from the Defendant and
may not be able to reap the fruits of the decree.

4. I state that if the Defendant is not secured and the movables

are not attached, then in that event I will be put to irreparable
loss, hardship and inconvenience, which cannot be compensated
by any means on the other hand if the movables are attached, the
Defendant will not suffer any loss or injury.
5. I have made out a prima facie case, the balance of
convenience lies in my favour. I state that if the application is
not allowed as prayed for, it will lead to multiplicity of
proceedings and there will be unnecessarily delay in recovering
amount from the Defendant.

WHEREFORE, I pray that this Hon’ble Court be pleased to

allow the accompanying application, in the interest of justice and
equity.

VERIFICATION

I, Dilip Patwardhan, the deponent, do hereby solemnly

affirm that this is my name and signature and the contents of this
Affidavit are true to the best of my knowledge and belief.
Identified by me,

DEPONENT
Sworn to before me
Advocate,
Bangalore,
Date: 17.08.2015
No. of corrections:

Page 11 of 13
 IN THE COURT THE SMALL CAUSES JUDGE

AT BANGALORE

S.C.No. /2015

Plaintiff: Sri. Dilip Patwardhan

- Vs -

Defendant: Sri. Tabrez

MEMO FOR SAFE CUSTODY

The Plaintiff is herewith furnishing the following original
documents in the above case and most humbly prays that this
Hon’ble Court be pleased to direct the office to keep the same in
safe custody, in the interest of justice and equity.

LIST OF DOCUMENTS

1. Invoice

2. Ledger extract for the period 01.08.2014 TO 01.08.2015.

3. Cheque bearing No.016340 dated 18.12.2014.

4. Banker’s memo dated 19.012.2014.

5. Legal Notice dated 03.02.2015.

6. Postal Receipt.

7. Unserved Postal Cover.

Bangalore,
Date: 17.08.2015. ADVOCATE FOR PLAINTIFF

Page 12 of 13
Q.No - Draft a Plaint on behalf of Rajesh, praying for a judgment and decree for the
payment of Rs.2,75,000/- from Girish, along with current and future interest at the rate
of 18% p.a. from the date of suit till realization and also such other reliefs and orders as
the Hon'ble Court may deem fit in the circumstances of the case.

Facts of the case:

Rajesh is a super-stockist of certain drugs and Girish is a distributor of them in

Bengaluru. Both of them have been having business relations since the past several
years. In the course the usual business transactions several invoices have been raised in
the name of Girish, for the supply of certain drugs. Due to slowdown in business, Girish
defaulted the payment on one of such invoices, dated 10.06.2020, of the value of
Rs.2,75,000/-(Two Lakhs Seventy Five Thousand Only). Although Rajesh had been
requesting Girish for the payment of this amount, the latter kept deferring the same.
Subsequently, towards the payment of the aforesaid amount Girish issued a cheque
bearing No.398204, dated 27.11.2020, drawn on, Syndicate Bank, Prakash Nagar
Branch, Bengaluru. When Rajesh presented this cheque for encashment at Canara Bank,
Nagarabhavi Branch, Bengaluru, it got returned dishonoured with a shara ‘FUNDS
INSUFFICIENT’. Rajesh demanded immediate payment of the cheque amount from
Girish but he took excuses for the same. Aggrieved by the apathy shown by Girish,
Rajesh approached his advocate and got issued a legal notice on Girish, who duly
received it but did not care to give a reply. Left with no other recourse Rajesh wants to
recover the money from Girish by filing a suit against him in the jurisdictional Court.

Page 13 of 13