Professional Documents
Culture Documents
DPCIII Syllabus1
DPCIII Syllabus1
DPCIII Syllabus1
1. Caveat;
I nIndianlaw,a"caveat"isalegalnoticefiledbyanindividualorentitytoinformthecourtthat
they have an interest in a particular case andshouldbegivenanopportunitytobeheardbefore
any orders are passed. The term originates from theLatinword"caveat,"whichmeans"lethim
beware."
hen acaveatisfiled,itservesasawarningtothecourtthatthecaveator(thepersonfilingthe
W
caveat) should be notified andgivenachancetopresenttheirargumentsorevidencebeforeany
decision is made. This is particularly relevant in situations where there is a likelihood of an
adverse order being passed against the interests of the caveator, such as in probate matters,
matrimonial disputes, property disputes, etc.
y filing a caveat, the caveator seeks to prevent the court from passing any ex-parte orders
B
without hearing their side of the story. Failure to serve notice to thecaveatorafteracaveathas
been filed may lead to the court setting aside any orders passed in disregard of the caveat.
1 ) MR. ________________________ ) aged about ______ years, ) Indian Inhabitant of Mumbai,
Occupation -) ________, residing at _______________) _______________________________ ) ...
Plaintiff/s
v/s
2 ) MR. _________________________ ) Aged about ____ years, Indian Inhabitant) Occupation-
______, having __________) ________________________________ ) ... Defendant/s
1 . The Plaintiff states that he is doing his transport business at ______. The Plaintiff states that the
defendantiswell knowntohim,astheplaintiffaswellasthedefendant originallybelongstothesame
village.ThePlaintiffstates thatthedefendantisresidingat_______________.The plaintiffsubmitsthat
thedefendantisrunningthebusiness ofColdStorageinthenameandstyleof“______________” athis
village in __________________.
2 . The Plaintiff states that he is doing his business in the name andstyleofM/s.____________.The
Plaintiffstatesthathe istheproprietorhissaidfirm.Theplaintiffstatesthatthe defendantwasinbadly
needoffundsduringtheyear- _____forhiscoldstoragebusinessthereforethedefendant approachedto
theplaintiffandrequestedforfriendlyloanof Rs._________/-(Rupees__________Only).ThePlaintiff
states that considering the request of the defendant, he gave personal loan of total sum of Rs.
_________/- (Rupees__________Only)fromtimetotimeduringthe year______.ThePlaintifffurther
submitsthatthesaid entireamountofloanwaseitherpaidincaseortransferred bytheplaintifftothe
defendant in his personal bank account as well as in the account of his said cold storage M/s.
____________, as per the needandinstructionsfrom thedefendantfromtimetotime.Heretoannexed
and markedasEXHIBIT-‘A’Collectivelyarethecopiesof counterpartofdepositslipbywhichthesaid
amount of Rs. ____________/- given by the plaintiff to the defendant.
3 . The Plaintiff submits that the defendant could not come out from his financialcrisisandrequested
plaintifftowaitfor sometimeandpromisedthatassoonasthefundswillbe availablehewillrefundthe
saidloanamounttotheplaintiff. Theplaintiffsubmitsthatthedefendantgavetheaccount payeecheque
bearingchequeNo.________dated_______ fortheamountofRs._________/-infavouroftheplaintiff
drawn on “____________, ________________ being the repayment of the said loan amount to the
plaintiff. Hereto annexed and marked as EXHIBIT-‘B’ is the copy of the said cheque.
4 . The Plaintiff submits that he presented the said cheque for encashment with his banker
“___________” _________Branch,_______,ThePlaintiffsubmitsthatthe saidchequewasreturnedby
the banker of the plaintiff as unpaidforthereasons“FUNDINSUFFICIENT”asperthe memodated
________issuedbytheBank.Heretoannexed andmarkedasEXHIBIT-‘C’isthecopyofthesaidreturn
memo dt. __________ issued by Bank.
5 .ThePlaintiffthereforesendLegalNoticethroughhis Advocate’sletterdt._________tothedefendant
for payment of the said amount. Hereto annexed and marked as EXHIBIT-‘D’ is the copy of the
Advocate’ssaidLegal Noticedt.__________.ThePlaintifffurtherstatesthatthe saidNoticewassent
byR.P.A.D.on________andthe sameisreturnedbackon__________withpostalremark thatinspite
ofintimationslefttimeandagaintothe defendant,thedefendantdidnotcollectthesaidnotice fromthe
postoffice.Thedefendantwaslastlyinformedby thepostaldepartmenton_________andtheenvelop
was returnedbackfrompostofficeas“Unclaimed”on_______. ThePlaintiffstatesthatthusthenotice
has been served upon thedefendant.Heretoannexedandmarkedas EXHIBIT-‘E’collectivelyarethe
envelop returned by the plot office and the postal receipt which was send to the defendant.
6 .ThePlaintiffstatesthatthedefendanthasnotonlyfailed andneglectedtopaytotheplaintiffthesum
due and payable but has also failed and neglected toreplytothe saidnotice.ThePlaintifftherefore
submitsthatthesaidsum ofRs.__________/-isdueandpayablebythedefendant totheplaintiff.The
plaintiff further submits that he is entitled for the interest at the rate of __% per annum from the
defendant as the defendant has taken the said amount as friendly loan fromtheplaintiff.Theplaintiff
thereforesay thatasumofRs.________/-isdueandpayablebythe defendanttotheplaintiffbeingthe
principalamountandthe defendantisalsoliabletopaytheinterestattherateof ____%perannumfrom
_________onthedayhereceived intimationofdemandnoticefromtheplaintiff’sAdvocate, particulars
ofwhichareheretoannexedandmarkedas EXHIBIT-‘F’.ThePlaintifffurtherstatesthattheplaintiffis
alsoentitledforinterestattherateof___%perannumon thesaidsumfromthedateoffilingofthesuit
untilpayment orrealizationwhicheverislater.Theplaintifftherefore submitsthattheHon’bleCourtbe
pleasedtoorderthe defendanttopaytotheplaintiffthesumofRs. __________/-togetherwithinterest
thereonattherateof ___%perannumfromthedateofthefilingofthesuituntil paymentorrealization
thereof.
7 . The Plaintiff statesthatthissuitisfiledunderorderXXXVII Rule2oftheCodeofCivilProcedure
and no relief, not failing within the ambit of the said rule has been claimed herein.
8 .ThePlaintiffstatesthattheplaintiffisresidingatMumbai andpaymentwasmadefromMumbaiand
repaymentwas tobeeffectedinMumbai.Theplaintiffsubmitsthatthe entirecauseofactionhasarisen
at Mumbai and therefore, this Hon’ble Court his jurisdiction to entertain and try the suit.
9 . The defendant issued the cheque dt. __________ for repayment of the said loan amount, the said
chequewas notrealizedastherewasnosufficientfundintheaccountof thedefendanton___________
therefore the cause of action arises on _________ thus, the suit is not barred by law of limitation.
1 0.Forthepurposeofcourtfeesandjurisdiction,the plaintiffvaluesthesuitatRs.___________andhas
paid the court fees thereon accordingly.
11. The Plaintiff will rely on documents a list whereof is annexed hereto.
c) Such other and further reliefs as this Hon’ble Court deem fit and proper.
______________
V E R I F I C A T I O N
I ,MR._________________agedabout___years,the plaintiffabovenamedsolemnlydeclaresandstate
that what is stated in para no.__ to parano.__istruetomyownknowledge andwhatisstatedinthe
remaining paragraphs are stated on information and belief, which I believe to be true.
A N D
A N D
A N D
To,
The Hon’ble Chief Justice, And His Companion Justices of the said Hon’ble Court
The humble petition of the petitioner company abovenamed most respectfully S H E W E T H:
1. T
he address of the Petitioner Company for services of all notices, processes, etc. is that of its
Advocate, ______________________________.
2. T
he respondent company abovenamed, namely _____________ (hereinafter referred to as ‘the
said Company’) was incorporated in terms of the provisions of the Companies Act, 1956. The
registeredofficeofthecompanyissituatedat_____________________,withinthejurisdictionof
this Hon’ble Court.
3. T
he authorized share capital of the said Company (as per the inspection of the file of the said
Company at Registrar of Companies, West Bengal, Kolkata on ___________) is Rs.
_________________/-, divided into _____/- equity shares of Rs. ____ each.
4. The main objects for which the said Company was incorporated are, inter alia, as follows:
b. T
here are other objects more particularly stated in the Memorandum & Articles of
Association of the Respondent-Company.
5. T
hePetitionerscraveleavetorefertoandrelyupontheMemorandum&ArticlesofAssociation
of the Respondent-Company at the time of hearing, if necessary.
6. The main objects for which the Petitioner Company was incorporated are, inter alia, as follows:
a. T
o carry on the business of ______________ and for that purpose to purchase and sell
________________________ of all kinds and description including any
_______________inIndiaorabroadoranytypelike________________topromotethe
sale or any other interest of its clients.InthisconnectionacopyoftheMemorandumof
Association of _____________ is annexed hereto and marked with letter ____ (Page –
---_____).
7. T
hePetitionerCompanystatesthatthesaidCompanyisindebtedtothePetitionerCompanyfora
sumofRs._________/-(Rupees__________________only)beingtheprincipalamountinview
of the facts more fully stated herein below. At all material times and even now the Petitioner
Company herein is engaged in the business of _____________. The petitioner company is
equipped with ultra modern equipments and has got specialized knowledge and techniques to
maintain the high standards, holds remarkable goodwill in the trade and has been enjoying an
impeccable reputation in the market.
8. T
hatbeforethe________intheyear____,thesaidCompanyapproachedthepetitionercompany
and sought for the business offers of the Petitioner Company with regard to __________ in
Kolkata.AccordinglythesaidCompanyacceptedtheoffersofthePetitionerCompanyandplaced
certainordersof____________inKolkata.Thepetitionercompanyplaceditsbillsuponthesaid
Company against the said orders and the said Company paid thesame.Thesaidconductofthe
said Company impressed the petitioner company and the petitioner company, with reasonable
belief, relied upon the said Company. Thereafter in the month of ____________, the said
Companyagainplacedcertainsimilarorderstothepetitionercompany_____________inKolkata
for the period ________ to ________________.
9. O
nthebasisofsuchordersofthesaidcompany,thepetitionercompany_________________for
the period from __________________ and accordinglyraisedbillbeingno.___________dated
____________ for a sum of Rs. ______________/- uponthesaidCompany.ThesaidCompany
duly received the said bill dated __________________. The petitioner company was in an
impression that the said Company will definitely make payment of the said bill.
10.The said bills raised by the petitioner company, covering the entire order placed by the said
Company in _______, amounted to a sum of Rs. ______________/-.
11.ThatthepetitionercompanythroughitsAdvocatesentalegalnoticedated________underspeed
postwithacknowledgementdueundersection434(a)oftheCompaniesAct,1956attheregistered
officeofthesaidCompany.Thesaidnotice,inter-alia,statedbrieffactsandcalleduponthesaid
Company to make the payment of theoutstandingamountRs.________/-towardstheprincipal
amount along with the interest dues and statutory liability within a period of 21 days from the
receipt of the said notice by the said Company.Acopyofthelegalnoticedated__________is
annexed hereto and marked with the letter __ (Page – _____).
12.That the said Company duly received the said legal demand notice dated __________ of the
Petitioner Company on___________buttilldatefailedand/orneglectedand/orrefusedtoreply
the same.
14.That the said outstanding amount of Rs. ____________/- is a liability on the part of the said
Company and an interest @ 18% on the saidoutstandingalsostandsagainstthesaidCompany.
The Petitioner company states that it is a matter of regret that despite various requeststhesaid
Companyhadfailedtodischargeitsliability.Undersuchcircumstancesitisobviousthatthesaid
Company is unable to paythedebt/outstanding.Needlesstomentionthatnodisputewhatsoever
was raised by thesaidCompanywithregardtotheentitlementofthePetitionerCompanytoget
the said outstanding.
16.That a period of well more than 21 days have elapsed from the date of serviceofthestatutory
noticeuponthesaidCompanyandthesaidCompanyhasfailedandneglectedtopaytheamount
claimedtherein.Inthesecircumstances,thereisastatutorypresumptionthatthesaidCompanyis
unable to pay its debts and is therefore consequently liable to be wound up.
17.Intheaforesaidfactsandcircumstances,asumofRs._________/-alongwithaninterest@18%
thereof remains due thereon.
18.ThePetitionerCompanymosthumblystatesthatithasnowcometolearnthatthesaidCompany
has become commercially insolvent and is unable to pay its dues. It has also come to the
knowledge of the petitioner that the liabilitiesofthesaidCompanyfarexceeditsassetsandthe
said Company is in involved circumstances as there are a large number of creditors.
19.The Petitioner Company has further come to learn that the commercial substratum of the said
Company has been lost and that the said Company isunabletopayitscreditors.ThePetitioner
Company states that the existence of the said Company is a threat to the commercial world.
20.ThePetitionerCompanyapprehendsthatthesaidCompanywilldisposeofitsassetswithaview
to defeat the claims of its creditors including the Petitioner. ThePetitionerCompany,therefore,
submitsthatitisjust,necessary,intheinterestofjusticeandconvenientthatpendingthehearing
andfinaldisposalofthepetition,theOfficialLiquidatororsomeotherfitandproperpersontobe
appointedastheProvisionalLiquidatorofthesaidCompanywithallpowersundertheCompanies
Act, 1956. ThePetitionerCompanysubmitthatiftheaforesaidreliefsarenotgrantedgraveand
irreparable loss and injury will be caused to the Petitioners and the other creditors of the said
ompanywhereas,ifthesamearegranted,noprejudicewillbecausedtothesaidCompany.The
C
balance of convenience is in favour of the Petitioner.
21.That the registered office of the said Company is situated at Kolkata. This Hon’ble Court,
therefore, has jurisdiction to receive, try and dispose of this Petition.
22.In view of the aforesaid facts and circumstances and as the said Company is unable to pay its
debts,itisjust,fairandequitablethatthesaidCompanyshouldbewoundupinaccordancewith
the provisions of the Companies Act, 1956.
23.Until and unless orders are passed as prayed for herein, the Petitioner Company will suffer
irreparable loss, prejudice and injury.
24.Thisapplicationisbonafideandfortheendsofjustice.ThePetitionerCompany,therefore,most
humbly prays Your Lordships for the following orders:
a. T
hat the said Company viz.___________ be wound up by and under the orders and
directions of this Hon’ble Court under the provisions of the Companies Act, 1956.
b. T
hat the Official Liquidator attached to this Hon’ble Court or some otherfitandproper
person to be appointed as LiquidatorofthesaidCompanytotakechargeofthebusiness
affairs and the assets of the said Company with all the necessary powers under the
Companies Act, 1956.
c. T
hat pending the hearing and final disposal of this petition, the Official Liquidator
attached to this Hon’ble Court or some other fit and proper person to be appointed as
Provisional Liquidator of the said Company to take charge immediately of the business
affairs and assets of the said Company with all powers under the Companies Act, 1956.
d. C
osts of and incidental to this application be paid by the Official Liquidator to the
Petitioner Company at the first instance out of the sale proceeds of the assets and
properties of the said Company;
e. F
or such further and other reliefs as in the nature and circumstances of this case this
Hon’ble Court may deem fit and proper.
ETITIONER COMPANY’S
P
ADVOCATE.
4. Legal Notice – Section 138 of Negotiable Instruments Act;
Date: __________
_ ____________________________
_____________________________
_____________________________
Sub:- DEMAND NOTICE U/S. 138 R/W 141 OF NEGOTIABLE INSTRUMENTS ACT.1881.
Dear Sir,
nder instruments from and on behalf of my client MR. _____________________________, having
U
addressat____________________________________.IhavetoaddressyouandgiveyouthisNOTICE
and state thereto as under:-
1 ) That you are aware that in discharge of your liabilities inpartyouissuedinfavourofmyclientthe
following accounts payee cheques :-
3 )Inthecircumstancesmyclientherebydemandandcalluponandrequiresyoutopaytohimthetotal
amount of both the cheques Rs. __________/- (Rupees _______________ Only) within 15 days of
receiptofthisdemandnoticeissuedtoyouundersection138ofN.I.Act.,shouldyoufailtopaythesum
aforestatedwithinthetimespecifiedabove.Myclientwillbeconstrainedtoproceedfurtherbyfillinga
complaint u/s. 138 of NegotiableInstrumentsAct.,withoutprejudicetoanyotherremediesavailableto
him. Such legal actionsandwhenadoptedshallbeentirelyatyourriskastothecostandconsequences
thereof which please take a serious note.
Yours truly,
(_______________)
MUMBAI
5. Legal Notice for defective goods;
Date:
To,
_____________________________
_____________________________
_____________________________
Sir,
nder the instructions for and on behalf of my clients M/s. _____________ having their
U
RegisteredOfficeat______________________________,Iherebyserveyouwiththefollowing
legal notice:
.Myclientstatesthatoutofthegoods(SunmikaSheets)suppliedbyyourclienttomyclient62
1
Sheets were damaged, which my client informed toyourclientimmediatelyandrequestedyour
client to take back the said damaged anddefectivesheets,butinspiteofseveralremindersfrom
my client, your client failed and neglected to take back the said damaged sheets, your client
neitherreplacedthesaiddefectivesheetsnortookitback,myclientstatesthatthesaidsheetsare
stilllyinginmyclient’sgodawanandtakingplaceinthegodawan.Myclientstatesthatsinceyour
clientwasavoidingtotakebackthesaiddefectivesheetsthereforemyclientrequestedyourclient
eithertotakebackthesaidsheetsordeducttheamountofthesaidsheetsfromthebillandsettle
theamountwithmyclientbutyourclientinspiteoftakingbackthesaiddefective/damagesheets
(materials) or deducting the amount of the said sheets from the bill amount, your client has
choosentosentthenoticethroughyouwhichshowsthemalafiedintentionandulteriormotiveof
your client’s.
(_________________)
PROCESS OF COMPLAINT
• Details of complaint, whether it is against Unfair Trade Practice / supply of defective goods /
deficiency in service provided / collection of excess price, should explicitly be mentioned in the
complaint petition. • Bills / receipts and copies of connected correspondence, if any.
Online Procedure:
r. A can file a consumer complaint online through the National Consumer Helpline's website or
M
through the official website of the Consumer Affairs Department.(https://consumerhelpline.gov.in)
He needs to fill out the online complaint form with all the necessary details mentioned above.
Mr. A should regularly check the status of his complaint on the online portal.
Offline Procedure:
r. A can file a complaint offline by visiting the nearest District Consumer Disputes Redressal
M
Commission (DCDRC) or State Consumer Disputes Redressal Commission (SCDRC) based on
the value of the product.
e needs to submit a written complaint along with photocopies of supporting documents to the
H
appropriate consumer forum.
Resolution Process:
pon receiving the complaint, the consumer forum will issue a notice to the seller, directing them
U
to respond within a specified time.
he forum will then conduct hearings where both parties can present their arguments and
T
evidence.
ased on the merits of the case, the forum will pass an order directing the seller to provide the
B
necessary relief to Mr. A.
Also Read
6. Plaint;:
plaintisaformalwrittenstatementthatinitiatesacivillawsuit.Itisfiledbytheplaintiff,whois
A
the party bringing the case to court.
he plaint contains the details of the plaintiff's claim, including the facts of the case, the legal
T
grounds for the claim, and the relief sought from the court.
I nIndia,theformatandcontentofaplaintaregovernedbytheCivilProcedureCode,whichlays
down specific requirements regarding what information must be included.
ncetheplaintisfiled,itisservedonthedefendant,whothenhastheopportunitytorespondby
O
filing a written statement.
Also Read
Notice of Motion is a procedural mechanism used primarily in civil litigation. It is a formal
A
request made to the court seeking interim relief or someproceduralorderbeforethetrialofthe
mainmatter.NoticeofMotioniscommonlyusedtoexpeditecertainmattersortoaddressurgent
issues that cannot wait until the final determination of the case.
hen filing a Notice of Motion, the party making the request must serve notice to the other
W
parties involved in the case, informing them of the nature of the relief sought and the date on
whichthemotionwillbeheardbythecourt.Thisallowsallpartiestopreparetheirargumentsand
present their case before the court.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
IN
) MR. ________________________ )
1
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation -)
________, residing at _______________)
_______________________________ ) ... Plaintiff/s
VERSUS
R. _________________________ )
M
Aged about ____ years, Indian Inhabitant)
Occupation- ______, having __________)
________________________________ ) ... Defendant/s
AKE NOTICE that this Honorable Court will be moved before THIS HONOUR JUDGE
T
SHRI./SMT. ___________________ presiding in C.R. No.______on,this___dayof______,
20__at ___a.m.(S.T.)orsoonthereafterastheCounselcanbeheardby theCounselonthepart
of the plaintiffs above named for the following relief.
a . Pending the hearing and final disposal of the suit the defendant his servants, agents,
representatives and / or any other person/s claimingthroughhimberestrained byatemporary
injunctionofthisHon’bleCourtfrom encroachingupon,trespassingupon,disturbing, interfering
the plaintiffs use,occupation,possessionof thesuitpremisesadmeasuringabout_____situated
at _______________________, bearing Survey No._______________.
. This Hon’ble Court be pleased to appoint Court Commissioner to visit the suit premises to
b
ascertain the actual position of the suit premises.
c. Interim and ad interim reliefs in terms of prayers (a) & (b) hereinabove.
e. Such other further reliefs as this Hon’ble Court deem fit and proper.
_______________________________ )
AFFIDAVIT
IN
VERSUS
.IsaythatIhavefiledtheabovesuitagainsttheDefendantabovenamed,interaliaforanorder
1
and injunction and for other reliefs. I crave leave to refer to and rely upon the plaint and
proceedings as and when produced.
.Isaythatforthesakeofbrevitythestatement,avermentsintheplaintmaybetreatedaspartof
2
this Affidavit if the same are incorporated herein.
I, therefore pray that the Notice of Motion taken out by me be made absolute with costs.
I , MR. _______________, the Plaintiff No.___ above named do hereby solemnly declare that
whatisstatedintheforegoingparasoftheaffidavitinsupportoftheNoticeofMotionistrueand
correct and I believe the same to be true.
Plaintiff No.__
Identified by me,
Before me
(_______________)
nder Rule 121 of the Bombay High Court Rules, certain matters mentioned therein are to
U
disposed of by a Judge in Chambers, for which a Chamber Summons is to be taken out.
heChamberSummons,togetherwiththeAffidavitsinSupport,shouldbeservedontheopposite
T
party at least 8 days before the date of hearing. With the leave of the Court, the Chamber
Summons can be made returnable in a shorter time also.
.
1 pplications for appointment of a guardian of a minor
A
2. Applications to amend the plaint or subsequent proceedings
3. Applications arising out of the death, marriage or insolvency of the parties of the suit
4. Applications for discovery, production and inspection of documents
5. Applications for issue of commissions to examine witnesses
FORMAT
VERSUS
R. _________________________
M )
Aged about ____ years, Indian Inhabitant )
Occupation- ______, having __________ )
________________________________ ) ... Defendant/s
AND
1 ) MR. _________________________ )
Aged about ____ years, Indian Inhabitant )
Occupation- ______, having __________ )
________________________________ )
2 ) MR. _________________________ )
Aged about ____ years, Indian Inhabitant )
Occupation- ______, having __________ )
________________________________ ) ... Applicants / Proposed Plaintiffs
ETALLPARTIESconcernedattendbeforetheHon’bleJudgeShri.______________presiding,
L
in Court Room No.___ on ____ day of ___________, 20__ at ___’ Clock in the forenoon or so soon
thereafter for the hearing of an application on the part of the Plaintiffs abovenamed for the following
reliefs:-
( a)ThattheApplicantsbeallowedtocarryoutamendmentintheplaintbyjoiningthemplaintiffsno.1A,
1B, 1Cand1DasplaintiffsinsuitNo.____of20___andtocarryoutconsequentialamendmentsinthe
proceeding;
(b) For such other and further reliefs in the nature and circumstances of the case may require.
_____________________________ )
MR. __________________
AFFIDAVIT
IN
VERSUS
AND
R. _________________________ )
M
and Ors. ) ... Applicant /Proposed Plaintiffs
1 .IsaythatthePlaintiffhavefiledtheabovesuitagainsttheDefendantabovenamed,fororderandfor
other reliefs. I crave leave to refer to and rely upon the plaint and proceedings as and when produced.
2 . Isaythatforthesakeofbrevitythestatements,avermentsintheplaintmaybetreatedaspartofthis
Affidavit as if the same are incorporated herein.
3 .Thattheplaintiffhasexpiredon_________.HeretoannexedandmarkedasEXHIBIT‘A’isthecopy
of death certificate.
4 .ThatIhavethereforetakenoutthepresentChamberSummonsforjoiningusasplaintiffsintheplace
ofplaintiffbeingthelegalheirsoftheplaintiffsincetheapplicantno.1isthewifeoftheplaintiffandthe
applicant nos. 2, 3 & 4 are the sons and daughter of the plaintiff.
6 .IhavethereforetakenouttheChamberSummonsforjoiningtheapplicantsasplaintiffsbeingplaintiff
nos. 1A, 1B, 1C and 1D to the present suit.
7 . I say that the plaintiffs are proper and necessary party to the suit and therefore it is just, proper,
necessaryandalsointheinterestofjusticethattheApplicantsmaybejoinedasplaintiffsno.1A,1B,1C
and1Dinthesuitaswellasinotherproceedings.Isubmitthatifthereliefsasaskedfororprayedforis
not granted we will suffer irreparable loss, harm, damage and injury which cannot be compensated in
terms of money. I further say that the balance of convenience is also in our favour.
8 .IsubmitthatitisabsolutelynecessaryandintheinterestofjusticethattheApplicantsmaybeallowed
tobejoinedasplaintiffsinthesuitandalsointheproceedingsandtocarryoutconsequentialamendment
thereto.
9 .Inthepremisesandcircumstances,asaforesaidIpraythatthechambersummonstakenoutbymebe
made absolute with costs.
Applicant No.__
Identified by me
V E R I F I C A T I O N
I , MR __________________, aged about ___ years the Applicant no.___ above named do hereby
solemnly declare that what is stated in the foregoing paras of the affidavit in support of the Chamber
Summons is true and correct and I believe the same to be true.
Applicant No.
written statement is the defendant's response to the plaintiff's plaint. It is filed by the defendant to
A
present their side of the case and defend against the claims made by the plaintiff.
hewrittenstatementtypicallycontainsapoint-by-pointrebuttaloftheallegationsmadeintheplaint.It
T
may also include any legal defenses or counterclaims that the defendant wishes to assert.
iketheplaint,thewrittenstatementmustcomplywiththerequirementssetforthintheCivilProcedure
L
Code regarding format and content.
nce the written statement is filed, the case enters the stage of pleadings, during which the parties
O
exchange documents and clarify their respective positions before the court.
FORMAT
R. ________________________
M )
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation - )
________, residing at _______________ )
_______________________________ ) ... Plaintiff/s
Versus
R. _________________________
M )
Aged about ____ years, Indian Inhabitant )
Occupation- ______, having __________ )
________________________________ ) ... Defendant/s
1. At the very outset the defendant submits that the suit filed by the plaintiffs
is false, frivolous, vexations and misconceived and an abuse of processoflawandnotmaintainablein
law hence deserves to be dismissed.
2 . At the further outset, the defendant submits that the present suitisfiledwithoutanycauseofaction
therefore suit is liable to be dismissed with heavy compensatory cost.
3 .ThedefendantsubmitsthatheishavinghisWoodenPanStalladmeasuringabout_______situatedin
frontof__________________,bearingSurveyNo.______________________ontheWesternsideofthe
suitpremises/land.TheDefendantsubmitsthatheisdoinghisbusinessofPanfromthesaidstallsince
long and is in use, occupation and possession of the said stall.
6. With reference to para 2 of the plaint the defendant admit the contents in para.
7 .Withreferencetopara3oftheplaint,thedefendantsubmitsthatitistruethattheplaintiffsaredoing
thebusinessoftransportandhavingofficeOppositetothesuitpremises/land.Thedefendantfurthersay
that he is not aware with from whom and how the plaintiffs acquired the suit premises / land.
8 .Withreferencetopara4ofthepliant,thedefendantthatheisnotawarewiththecontentsinparaunder
reply however the contents in para are of record therefore the defendant cannot comment on the same.
9 . With reference to para 5 of the plaint, the defendant admit the part of the contents of the para and
submits that he is not aware with the documents mentioned in para.
1 0.Withreferencetopara6oftheplaint,thedefendantsubmitsthatitistruethathisfatherishavingPan
Shop to theoppositesiteofthesuitpremises/land.Thedefendantdenytherestofthecontentsinpara
and put the plaintiffs to thestrictproofofthesame.Thedefendantdenythatheishavinggoodcontact
with the local politicians and some anti-social elements of the locality. The defendant deny that he is
trying to encroach upon the part of the suit premises and to keep wooden stall (Khokha) on the suit
premiseswiththehelpofthesaidAnti-socialelements.Thedefendantdenythatheistryingtogetchance
to encroach upon the suit premises since last about a month but on the evening of _______ at about
______ PM he broughtawoodenstall(Khokha)andwantedtokeepitonthesuitpremises,butdueto
resistancefromplaintiffssidehecouldnotsucceedinkeepingthesaidstallonthesuitpremisesandtook
awaythesaidstall.Thedefendantsubmitsthatsincehewashavinghisstallonthesuitpremisestherefore
questionoftryingtokeepthesamedoestarise.Thedefendantsubmitsthatheisnotawaretowhomthe
plaintiffsapproachedandwhatthe________PoliceStationsaidtohim.Thedefendantsubmitsthatheis
havinggoodcontactwiththeLocalPoliticalleadersthereforethepoliceisnottakinganyactionagainst
me under the pressure of the political leaders. The defendantputtheplaintiffstothestrictproofofthe
allegations in para.
1 1.Withreferencetopara7oftheplaint,thedefendantdenytheallegationsinpara.Thedefendantdeny
that his eyes are on the suit premises. The defendant deny that he is having support of some of local
political leader and having good terms with the antisocial elements ofthelocality.Thedefendantdeny
that since my father’s Pan Shop is justoppositesideofthesaid______________thereforehemayput
my said stall on the suit premisesbytakinglawintomyhands.Thedefendantfurthersaythatsincehe
wasalreadyhavinghisstallonthesuitpremisesanddoinghisbusinessthereforequestionofencroaching
uponthesuitpremisesdoesn’tarias.Thedefendantsubmitsthattheplaintiffshaveremovedhissaidstall
illegally since he was doing his business from the said stall.
1 2.Withreferencetopara8oftheplaint,thedefendantdenytheallegationsinpara.Thedefendantdeny
thatthePlaintiffshadcalleduponhimonpersonalapproachtodeistfromtakinglawintohishandsand
not to encroach or trespass upon the suit premises. The defendant that he is not aware whether the
plaintiffsaretheownersofthesuitPremises.Butadmitthattheplaintiffsareoccupyingthesuitpremises
and parking the vehicles and keeping his materialsandmotorpartsintherestoftheportionofthesuit
p remises leaving the place of his stall’s admeasuring about _____ on the Southern Site of the suit
premises. The defendant deny the rest of the allegations in para under reply.
1 3. With reference to para 9 and 10 of the plaint, the defendant submits that he is not aware with the
contentsinthepara,howeverthecommissionerwasalreadyappointedinthepresentsuitwhohasvisited
thesuitpremisesandsubmittedhisreport.Thedefendantsubmitsthathehasclaimofhisstallbeforethe
commissioner also.
1 4.Withreferencetopara11,12,13,14,15,16,17and18oftheplaint,thedefendantdenythecontents
of the paragraph under reply and put the plaintiffs to strict proof thereof. The defendant deny that the
plaintiffs are entitled for any relief asmentionedinparas.Thedefendantsubmitthattheplaintiffshave
not valued the suit properly.
1 5.Thedefendantsubmitsthatinviewofwhatisstatedhereinabove,thedefendantrepeatandreiterate
that the plaintiffs are not entitled to the reliefs prayed for in the Suit. The defendant submits that the
documentsannexedtotheplaintdoesnotsupportthecaseoftheplaintiffs.Thedefendantsubmitsthatno
cause of action is made out by the plaintiffs in itsplaintforgrantofreliefasclaimedintheplaintand
hencethesuitisliabletobedismissedwithcosts.Thedefendantthattheplaintiffshavenotmadeoutany
primafaciecaseforgrantofreliefintheirfavour.Thedefendantsubmitsthatpresentsuithavenomeritat
allandhenceliabletobedismissedwithcost.Thedefendantrespectfullypraythatitisjust,equitableand
necessary that the suit be dismissed with costs.
1 6. Thisdefendantsubmitthatsaveandexceptthosestatements,avermentsandcontentionsspecifically
admitted by this defendant in the foregoing paragraphs, this defendant deny all and singular the
allegations, averments, contentions and statements made in the plaint that are contrary to and or
inconsistent with whatever has been stated hereinabove as if set out herein and traversed seriatim.
1 7.Thisdefendantsubmitsthattheplaintiffsarenotentitledtoanyofthereliefsprayedforandthesuit
deserves to be dismissed with costs.
18. This defendant will rely on document a list whereof is hereto annexed.
19. This Defendant therefore pray that the suit be dismissed with costs.
Before me
______________________
V E R I F I C A T I O N
______________________
10.Appeal;
Theory - Readhere
FORMAT
IN
R. ________________________ )
M
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation -)
________, residing at _______________)
_______________________________ ) ... Applicants
(Appellants)
R. ________________________ )
M
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation -)
________, residing at _______________)
_______________________________ ) ... Appellants
(Org. Plaintiffs)
Versus
R. ________________________ )
M
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation -)
________, residing at _______________)
_______________________________ ) ... Respondents
(Org. Defendants)
To,
eing aggrieved and grossly dissatisfied by judgment and decree dtd. ________ passed by the learned
B
Civil Judge (Senior Division), Kalyan, Judge Shri. _______ in Regular Civil Suit No._________, the
appellant begs to approach to this Hon’ble Court on the following grounds of objection viz.
GROUNDS:-
I . That the impugned order is contrary of law, equity, good conscious and against the principles of natural
justice.
I I. That the impugned judgment is totally wrong, erroneous unjust illegal and bad in law. Therefore the
same is liable to be quashed and set aside.
I II. That the Ld. Court has failed to take into consideration the evidence on record and facts of the case in
proper perspective which resulted into wrong judgment and order. Therefore the same is liable to be set
aside.
I V. That the impugned order of the learned trial court is without application of judicial mind and is based
on presumptions. And is contrary to the law and precedence applicable to the fact of the present case.
. That the learned trial court has not appreciated the oral and documentary evidence on record in the
V
proper perspective which has vitiated the entire proceedings and led to miscarriage of justice.
I. That the impugned order passed by the Ld. Court is without application of judicial mind and is based
V
on presumption. And is contrary to the law and precedence applicable to the facts of the present case.
II. The Ld. Judge failed to appreciate that the Title belongs to the Appellant since 2000. It was
V
previously owned by his father MR. ______ and it was then inherited by the Appellant.
ppellant states that taking into consideration the aforesaid grounds and those may be urged at the time of
A
hearing of the appeal, the appeal of the appellant be allowed by setting aside the impugned judgment and
order dtd. ________ passed in Regular Civil Suit No._________ this Honour Judge of the Civil Court at
Kalyan.
umbai
M
Dtd. 02.02.2024 Advocate for Appellants
11.Writ Petition – Article 226
I nIndianlaw,writsarejudicialordersissuedbyhighercourtstolowercourts,publicauthorities,
or individuals to enforce constitutional rights or provide remedies for their violation. The
following are the main types of writs in Indian law:
abeas Corpus: This writ is used to safeguard individual liberty by ordering the release of a
H
person who is unlawfully detained or imprisoned.
andamus:Mandamusliterallymeans"wecommand."Thiswritisissuedbyahighercourttoa
M
lower court, public authority, or governmentofficialtocompelthemtoperformadutythatthey
are legally obligated to perform.
rohibition: This writ is issued by a higher court to a lowercourtortribunaltopreventitfrom
P
exceeding its jurisdiction or acting contrary to the rules of natural justice.
uoWarranto:Thiswritisusedtochallengethelegalityofapersonholdingapublicofficeandto
Q
inquire into their authority to hold that office.
uo Moto: While not technically a separate type of writ, some courts have the power to take
S
cognizance of matters on their own motion without the needforaformalpetition.Thisisoften
referred to as taking action "suo moto."
FORMAT
IN
DISTRICT : MUMBAI
And
1 ) MR. ________________________ )
aged about ______ years, )
Indian Inhabitant of Mumbai, Occupation - )
________, residing at _______________ )
_______________________________ ) … Petitioner
Versus
o,
T
THE HONOURABLE CHIEF JUSTICE
AND THE OTHER PUISNE JUDGES OF
THE COURT OF JUDICATURE AT BOMBAY
1. The Petitioner is a citizen of India and currently resides at the address mentioned above.
2. T
he Respondent herein is the State of Maharashtra represented by the Sr. Police Inspector and is
amenable to the jurisdiction of this Hon'ble Court.
3. T
he present Writ Petition is being filed under Article 226 of the Constitution of India seeking the
issuance of a Writ of Habeas Corpus.
4. T
he Petitioner submits that [briefly state the assumed facts giving rise to the alleged illegal detention.
For example: "on [date], the Petitioner’s [relationship] [Name of the person allegedly detained] was
unlawfully detained by the [mention authority if known, otherwise, mention unidentified authorities]
at [location of detention]."]
5. T
he said detention is in violation of the fundamental rights guaranteed under Article [mention
relevant Article(s) of the Constitution] of the Constitution of India.
6. T
he Petitioner, being a concerned citizen, has approached the appropriate authorities seeking
information regarding the whereabouts and the legality of the detention of the said person, but to no
avail.
7. T
he Petitioner states that there is no lawful authority for the said detention, and the same is arbitrary
and illegal.
8. T
he Petitioner further submits that the remedy of Habeas Corpus is the most efficacious remedy
available to secure the personal liberty of the individual unlawfully detained.
9. T he Petitioner has a bona fide belief that the said person is being unlawfully detained and his/her
personal liberty is at stake.
10.The Petitioner, therefore, prays that this Hon’ble Court may be pleased to issue a Writ of Habeas
Corpus directing the Respondent to produce the said person before this Hon’ble Court and to set
him/her at liberty, if found to be illegally detained.
11.The Petitioner also prays for such other and further orders as this Hon’ble Court may deem fit and
proper in the circumstances of the case.
12.The Petitioner undertakes to pay all necessary court fees and to abide by any order or direction that
this Hon’ble Court may deem fit to pass in the present Writ Petition.
13.The Petitioner has not filed any other petition before any court in India or elsewhere regarding the
subject matter of the present petition.
THEREFORE, the Petitioner prays that this Hon’ble Court may be pleased to:
a. I ssue a Writ of Habeas Corpus directing the Respondent to produce the said person before this
Hon’ble Court;
b. P
ass such other or further orders as may be deemed fit and proper in the facts and circumstances
of the case;
c. Grant any other relief(s) that this Hon’ble Court deems just and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY.
lace: Mumbai
P
Date:
Verification:
I , [Name of the Petitioner], the Petitioner above-named, do hereby solemnly affirm and declare that the
contents of paragraphs 1 to 13 of this Writ Petition are true and correct to my knowledge and belief, and
that nothing material has been concealed therein.
(____________________)
A N D
A N D
A N D
To,
The Hon’ble Chief Justice, And His Companion Justices of the said Hon’ble Court
The humble petition of the petitioner company abovenamed most respectfully S H E W E T H:
1. T
he address of the Petitioner Company for services of all notices, processes, etc. is that of its
Advocate, ______________________________.
2. T
he respondent company abovenamed, namely _____________ (hereinafter referred to as ‘the
said Company’) was incorporated in terms of the provisions of the Companies Act, 1956. The
registeredofficeofthecompanyissituatedat_____________________,withinthejurisdictionof
this Hon’ble Court.
3. T
he authorized share capital of the said Company (as per the inspection of the file of the said
Company at Registrar of Companies, West Bengal, Kolkata on ___________) is Rs.
_________________/-, divided into _____/- equity shares of Rs. ____ each.
4. The main objects for which the said Company was incorporated are, inter alia, as follows:
b. T
here are other objects more particularly stated in the Memorandum & Articles of
Association of the Respondent-Company.
5. T
hePetitionerscraveleavetorefertoandrelyupontheMemorandum&ArticlesofAssociation
of the Respondent-Company at the time of hearing, if necessary.
6. The main objects for which the Petitioner Company was incorporated are, inter alia, as follows:
a. T
o carry on the business of ______________ and for that purpose to purchase and sell
________________________ of all kinds and description including any
_______________inIndiaorabroadoranytypelike________________topromotethe
sale or any other interest of its clients.InthisconnectionacopyoftheMemorandumof
Association of _____________ is annexed hereto and marked with letter ____ (Page –
---_____).
7. T
hePetitionerCompanystatesthatthesaidCompanyisindebtedtothePetitionerCompanyfora
sumofRs._________/-(Rupees__________________only)beingtheprincipalamountinview
of the facts more fully stated herein below. At all material times and even now the Petitioner
Company herein is engaged in the business of _____________. The petitioner company is
equipped with ultra modern equipments and has got specialized knowledge and techniques to
maintain the high standards, holds remarkable goodwill in the trade and has been enjoying an
impeccable reputation in the market.
8. T
hatbeforethe________intheyear____,thesaidCompanyapproachedthepetitionercompany
and sought for the business offers of the Petitioner Company with regard to __________ in
Kolkata.AccordinglythesaidCompanyacceptedtheoffersofthePetitionerCompanyandplaced
certainordersof____________inKolkata.Thepetitionercompanyplaceditsbillsuponthesaid
Company against the said orders and the said Company paid thesame.Thesaidconductofthe
said Company impressed the petitioner company and the petitioner company, with reasonable
belief, relied upon the said Company. Thereafter in the month of ____________, the said
Companyagainplacedcertainsimilarorderstothepetitionercompany_____________inKolkata
for the period ________ to ________________.
9. O
nthebasisofsuchordersofthesaidcompany,thepetitionercompany_________________for
the period from __________________ and accordinglyraisedbillbeingno.___________dated
____________ for a sum of Rs. ______________/- uponthesaidCompany.ThesaidCompany
duly received the said bill dated __________________. The petitioner company was in an
impression that the said Company will definitely make payment of the said bill.
10.The said bills raised by the petitioner company, covering the entire order placed by the said
Company in _______, amounted to a sum of Rs. ______________/-.
11.ThatthepetitionercompanythroughitsAdvocatesentalegalnoticedated________underspeed
postwithacknowledgementdueundersection434(a)oftheCompaniesAct,1956attheregistered
officeofthesaidCompany.Thesaidnotice,inter-alia,statedbrieffactsandcalleduponthesaid
Company to make the payment of theoutstandingamountRs.________/-towardstheprincipal
amount along with the interest dues and statutory liability within a period of 21 days from the
receipt of the said notice by the said Company.Acopyofthelegalnoticedated__________is
annexed hereto and marked with the letter __ (Page – _____).
12.That the said Company duly received the said legal demand notice dated __________ of the
Petitioner Company on___________buttilldatefailedand/orneglectedand/orrefusedtoreply
the same.
14.That the said outstanding amount of Rs. ____________/- is a liability on the part of the said
Company and an interest @ 18% on the saidoutstandingalsostandsagainstthesaidCompany.
The Petitioner company states that it is a matter of regret that despite various requeststhesaid
Companyhadfailedtodischargeitsliability.Undersuchcircumstancesitisobviousthatthesaid
Company is unable to paythedebt/outstanding.Needlesstomentionthatnodisputewhatsoever
was raised by thesaidCompanywithregardtotheentitlementofthePetitionerCompanytoget
the said outstanding.
16.That a period of well more than 21 days have elapsed from the date of serviceofthestatutory
noticeuponthesaidCompanyandthesaidCompanyhasfailedandneglectedtopaytheamount
claimedtherein.Inthesecircumstances,thereisastatutorypresumptionthatthesaidCompanyis
unable to pay its debts and is therefore consequently liable to be wound up.
17.Intheaforesaidfactsandcircumstances,asumofRs._________/-alongwithaninterest@18%
thereof remains due thereon.
18.ThePetitionerCompanymosthumblystatesthatithasnowcometolearnthatthesaidCompany
has become commercially insolvent and is unable to pay its dues. It has also come to the
knowledge of the petitioner that the liabilitiesofthesaidCompanyfarexceeditsassetsandthe
said Company is in involved circumstances as there are a large number of creditors.
19.The Petitioner Company has further come to learn that the commercial substratum of the said
Company has been lost and that the said Company isunabletopayitscreditors.ThePetitioner
Company states that the existence of the said Company is a threat to the commercial world.
20.ThePetitionerCompanyapprehendsthatthesaidCompanywilldisposeofitsassetswithaview
to defeat the claims of its creditors including the Petitioner. ThePetitionerCompany,therefore,
submitsthatitisjust,necessary,intheinterestofjusticeandconvenientthatpendingthehearing
andfinaldisposalofthepetition,theOfficialLiquidatororsomeotherfitandproperpersontobe
appointedastheProvisionalLiquidatorofthesaidCompanywithallpowersundertheCompanies
Act, 1956. ThePetitionerCompanysubmitthatiftheaforesaidreliefsarenotgrantedgraveand
irreparable loss and injury will be caused to the Petitioners and the other creditors of the said
ompanywhereas,ifthesamearegranted,noprejudicewillbecausedtothesaidCompany.The
C
balance of convenience is in favour of the Petitioner.
21.That the registered office of the said Company is situated at Kolkata. This Hon’ble Court,
therefore, has jurisdiction to receive, try and dispose of this Petition.
22.In view of the aforesaid facts and circumstances and as the said Company is unable to pay its
debts,itisjust,fairandequitablethatthesaidCompanyshouldbewoundupinaccordancewith
the provisions of the Companies Act, 1956.
23.Until and unless orders are passed as prayed for herein, the Petitioner Company will suffer
irreparable loss, prejudice and injury.
24.Thisapplicationisbonafideandfortheendsofjustice.ThePetitionerCompany,therefore,most
humbly prays Your Lordships for the following orders:
a. T
hat the said Company viz.___________ be wound up by and under the orders and
directions of this Hon’ble Court under the provisions of the Companies Act, 1956.
b. T
hat the Official Liquidator attached to this Hon’ble Court or some otherfitandproper
person to be appointed as LiquidatorofthesaidCompanytotakechargeofthebusiness
affairs and the assets of the said Company with all the necessary powers under the
Companies Act, 1956.
c. T
hat pending the hearing and final disposal of this petition, the Official Liquidator
attached to this Hon’ble Court or some other fit and proper person to be appointed as
Provisional Liquidator of the said Company to take charge immediately of the business
affairs and assets of the said Company with all powers under the Companies Act, 1956.
d. C
osts of and incidental to this application be paid by the Official Liquidator to the
Petitioner Company at the first instance out of the sale proceeds of the assets and
properties of the said Company;
e. F
or such further and other reliefs as in the nature and circumstances of this case this
Hon’ble Court may deem fit and proper.
ETITIONER COMPANY’S
P
ADVOCATE.
13.Summary Suit;
1 ) MR. ________________________ ) aged about ______ years, ) Indian Inhabitant of Mumbai,
Occupation -) ________, residing at _______________) _______________________________ ) ...
Plaintiff/s
v/s
2 ) MR. _________________________ ) Aged about ____ years, Indian Inhabitant) Occupation-
______, having __________) ________________________________ ) ... Defendant/s
1 . The Plaintiff states that he is doing his transport business at ______. The Plaintiff states that the
defendantiswell knowntohim,astheplaintiffaswellasthedefendant originallybelongstothesame
village.ThePlaintiffstates thatthedefendantisresidingat_______________.The plaintiffsubmitsthat
thedefendantisrunningthebusiness ofColdStorageinthenameandstyleof“______________” athis
village in __________________.
2 . The Plaintiff states that he is doing his business in the name andstyleofM/s.____________.The
Plaintiffstatesthathe istheproprietorhissaidfirm.Theplaintiffstatesthatthe defendantwasinbadly
needoffundsduringtheyear- _____forhiscoldstoragebusinessthereforethedefendant approachedto
theplaintiffandrequestedforfriendlyloanof Rs._________/-(Rupees__________Only).ThePlaintiff
states that considering the request of the defendant, he gave personal loan of total sum of Rs.
_________/- (Rupees__________Only)fromtimetotimeduringthe year______.ThePlaintifffurther
submitsthatthesaid entireamountofloanwaseitherpaidincaseortransferred bytheplaintifftothe
defendant in his personal bank account as well as in the account of his said cold storage M/s.
____________, as per the needandinstructionsfrom thedefendantfromtimetotime.Heretoannexed
and markedasEXHIBIT-‘A’Collectivelyarethecopiesof counterpartofdepositslipbywhichthesaid
amount of Rs. ____________/- given by the plaintiff to the defendant.
3 . The Plaintiff submits that the defendant could not come out from his financialcrisisandrequested
plaintifftowaitfor sometimeandpromisedthatassoonasthefundswillbe availablehewillrefundthe
saidloanamounttotheplaintiff. Theplaintiffsubmitsthatthedefendantgavetheaccount payeecheque
bearingchequeNo.________dated_______ fortheamountofRs._________/-infavouroftheplaintiff
drawn on “____________, ________________ being the repayment of the said loan amount to the
plaintiff. Hereto annexed and marked as EXHIBIT-‘B’ is the copy of the said cheque.
4 . The Plaintiff submits that he presented the said cheque for encashment with his banker
“___________” _________Branch,_______,ThePlaintiffsubmitsthatthe saidchequewasreturnedby
the banker of the plaintiff as unpaidforthereasons“FUNDINSUFFICIENT”asperthe memodated
________issuedbytheBank.Heretoannexed andmarkedasEXHIBIT-‘C’isthecopyofthesaidreturn
memo dt. __________ issued by Bank.
5 .ThePlaintiffthereforesendLegalNoticethroughhis Advocate’sletterdt._________tothedefendant
for payment of the said amount. Hereto annexed and marked as EXHIBIT-‘D’ is the copy of the
Advocate’ssaidLegal Noticedt.__________.ThePlaintifffurtherstatesthatthe saidNoticewassent
byR.P.A.D.on________andthe sameisreturnedbackon__________withpostalremark thatinspite
ofintimationslefttimeandagaintothe defendant,thedefendantdidnotcollectthesaidnotice fromthe
postoffice.Thedefendantwaslastlyinformedby thepostaldepartmenton_________andtheenvelop
was returnedbackfrompostofficeas“Unclaimed”on_______. ThePlaintiffstatesthatthusthenotice
has been served upon thedefendant.Heretoannexedandmarkedas EXHIBIT-‘E’collectivelyarethe
envelop returned by the plot office and the postal receipt which was send to the defendant.
6 .ThePlaintiffstatesthatthedefendanthasnotonlyfailed andneglectedtopaytotheplaintiffthesum
due and payable but has also failed and neglected toreplytothe saidnotice.ThePlaintifftherefore
submitsthatthesaidsum ofRs.__________/-isdueandpayablebythedefendant totheplaintiff.The
plaintiff further submits that he is entitled for the interest at the rate of __% per annum from the
defendant as the defendant has taken the said amount as friendly loan fromtheplaintiff.Theplaintiff
thereforesay thatasumofRs.________/-isdueandpayablebythe defendanttotheplaintiffbeingthe
principalamountandthe defendantisalsoliabletopaytheinterestattherateof ____%perannumfrom
_________onthedayhereceived intimationofdemandnoticefromtheplaintiff’sAdvocate, particulars
ofwhichareheretoannexedandmarkedas EXHIBIT-‘F’.ThePlaintifffurtherstatesthattheplaintiffis
alsoentitledforinterestattherateof___%perannumon thesaidsumfromthedateoffilingofthesuit
untilpayment orrealizationwhicheverislater.Theplaintifftherefore submitsthattheHon’bleCourtbe
pleasedtoorderthe defendanttopaytotheplaintiffthesumofRs. __________/-togetherwithinterest
thereonattherateof ___%perannumfromthedateofthefilingofthesuituntil paymentorrealization
thereof.
8 .ThePlaintiffstatesthattheplaintiffisresidingatMumbai andpaymentwasmadefromMumbaiand
repaymentwas tobeeffectedinMumbai.Theplaintiffsubmitsthatthe entirecauseofactionhasarisen
at Mumbai and therefore, this Hon’ble Court his jurisdiction to entertain and try the suit.
9 . The defendant issued the cheque dt. __________ for repayment of the said loan amount, the said
chequewas notrealizedastherewasnosufficientfundintheaccountof thedefendanton___________
therefore the cause of action arises on _________ thus, the suit is not barred by law of limitation.
1 0.Forthepurposeofcourtfeesandjurisdiction,the plaintiffvaluesthesuitatRs.___________andhas
paid the court fees thereon accordingly.
11. The Plaintiff will rely on documents a list whereof is annexed hereto.
______________
V E R I F I C A T I O N
I ,MR._________________agedabout___years,the plaintiffabovenamedsolemnlydeclaresandstate
that what is stated in para no.__ to parano.__istruetomyownknowledge andwhatisstatedinthe
remaining paragraphs are stated on information and belief, which I believe to be true.
PETITION NO OF 2022
belonging to ___________________,
... DECEASED.
TO
1 .Thattheabovenamed________________diedatMumbaionoraboutthe________________.Hereto
annexed Photocopy of the death certificate.
2 . That the said deceased ordinarily residedat________________and/orleftpropertywithinGreater
Mumbai and in the State of Maharashtra.
3 .Thatthesaiddeceaseddiedintestateanddueanddiligentsearchhasbeenmadeforawillbutnonehas
been found.
4 . That the said deceased left him surviving as his only heirs and next-of-kin according to Hindu
Succession Act, 1956 law the following persons viz.
r
S Name of the Person and Age Relationship with the Residential Address
No. Deceased
1
2
5 . That the Petitioner as wife of the deceased claims to be entitled to 1/3rd estate of the deceased
abovenamed. The mother of the deceased, predeceased the deceased.
6 .Thatthereisnoimpedimentundersection370oftheIndianSuccessionAct,1928orunderanyother
provisionofthisActoranyotherenactmenttothegrantoftheCertificateorthevaliditythereofifitwere
granted.
7 .ThatthePetitionerhastrulysetforthinthescheduleheretoannexedandmarkedExhibit-“B”thedebts
inrespectofwhichtheCertificateisappliedfor.TheSuccessionCertificateisrequiredforthepurposeof
receiving the dues including DC RG, family pension CGEGIS, GPF etc. as the deceasedwasworking
withMahanagarTelephoneNigamLtd.,Mumbai,andtoreceivetheinterestduethereon.Thesaidassets
in respect of which the Succession Certificate is required are of the value ofRs.________________/-
(Rupees _____________________ Only).
9 .ThatnoapplicationhasbeenmadetoanydistrictcourtordistrictortoanyHighCourtforSuccession
Certificate in respect of any debt or security belonging to the Estate of the deceased.
hePetitionerthereforepraysthataSuccessionCertificatemaybegrantedtothepetitionerinrespectof
T
debts set forth in schedule hereto with power to collect the said debts dues and toreceiveinterestdue
thereon.
(________________) Petitioner
Before me,
PETITION NO OF _____
________________________________.
... DECEASED.
I ,_________________,HinduInhabitantofMumbairesidingatabovementionedaddresspetition
abovenamed do solemnly affirm that I willwellandtrulyadministerthesecurity/creditscomprisedin
theSuccessionCertificatetobegrantedtomeandthatIwillrenderatrueaccountthereoftothisHon’ble
Courtwithinoneyearfromthedateofthegranttobemadetomeorwithinsuchfurthertimeadthesaid
court may from time to time appoint.
Before me
Associate
_______________
\\\NEXT PAGE\\\
PETITION NO OF ______
_____________________, Occupation-
_____________________________.
... DECEASED.
1) MR. ________________________ )
SCHEDULE OF SECURITIES
________________________________________________________
________________________________________________________
1.
2.
3.
4.
5.
_____________________
PETITION NO OF ______
________________________________,
death at
______________________________.
... DECEASED.
_ ______________,bothofMumbai,IndianInhabitantsthesonsofthedeceasedabovenameddohereby
state and declare on solemn affirmation as under:-
1. We say that the deceased abovenamed died at Mumbai on or about ______________.
2 . We say that we are aware that out mother the petitioner abovenamed has applied for Succession
Certificate to the Security and Credits of thedeceasedwhowasourfatherabovenamedinthisHon’ble
Court.
3 .Wesaythatwehavenoobjectionandweherebyjointlyandseverallygiveourfullandfreeconsentto
the Succession Certificate is being granted in favour of the petitioner abovenamed without service of
Notice/Citationuponusandwithoutanysuretybeingjustifiedinrespectofourrespectiveshareinthe
Estate of the Deceased abovenamed.
(___________________)
Before Me.
(_______________________)
Before Me
__________________
///NEXT PAGE\\\
PETITION NO OF _________
____________________, Occupation-
________________________________.
... DECEASED.
_______________________________ )
To,
High Court,
Bombay.
Sir,
I , _________________, Petitioner abovenamed do hereby appoint Mr. ___________, Advocate High
Court to act, appear and plead on my behalf in the above matter.
I N WITNESS WHEREOF I have set and subscriber my hands to this writing at Mumbai dated this
____________.
Accepted:
________________ Petitioner
______________________
______________________
______________________
15.Complaint for dishonor of cheque;
VERSUS
____________________________
The complainant abovenamed do hereby state on solemn affirmation and submit as under:-
1 .ThatthecomplainantisrunninghisClassinthename&styleof“________________”at_________
at the address given in title. The complainant states thattheaccusedisabusinessmanandrunningchit
fund. The accused is well known to the complainant through a common friend by name Mr.
___________. That the accused made membertothe complainantinisChitFundandthecomplainant
paid to the accused Rs. __________/- per month for a period of 20 months.
2 . The complainant states that in order to dischargeofhisliabilityinparttheaccusedissued2account
payee cheques being i) Cheque No._________ dt. ________ for Rs. ________/- (Rupees __________
Only) and ii) ChequeNo._________dt._________forRs._________/-(Rupees_________________
Only) both cheques drawn on ‘________________’, Branch, _______ thus total amount of both the
cheques of Rs. _________/- (Rupees ______________ Only) in favour of the complainant. Hereto
annexed and marked as EXHIBIT ‘A’ Collectively are the copies of above mentioned cheques.
3 . The Complainant presented the said cheques for encashment with the “________________,Branch,
_________. The Bankers oftheComplainantreturnedthesaidchequesunpaidforthereasons‘FUNDS
INSUFFICIENT’aspertheMemodated_________issuedbytheBank,receivedbythecomplainanton
_________. Hereto annexed and markedasEXHIBIT‘B’isthecopyofabovementionedreturnmemo
dt. _________.
4 . TheComplainantthereaftersendstatutoryNoticethroughhisAdvocate’sletterdt._________calling
upon accused to pay the said cheque’s amount within stipulated period. Said Notice was sent to the
accused by R.P.A.D. on _________. Hereto annexed and marked as EXHIBIT ‘C’ is the copy of the
notice.
5 . The complainant states that notice sent to the Accused person at his address by R.P.A.D. has been
returnunservedbythepostalauthoritieswiththeremarkleftInt.TheComplainantsaythatnoticestothe
accused have been sent at the True Correct and last known address. The complainant states that the
accused on receipt of Intimation from Postal Department knowingly. Intentionally and willingly not
collected the notice. Hereto annexed and marked as Exhibit ‘D’ is the Envelop and postal
acknowledgement and postal receipt send to accused at his address.
7 .TheComplainantsubmitsthatchequesatEXHIBIT‘A’collectivelywaspresentedintheBankwithin
validityperiod.ChequesreturnMemodated_________wasreceivedbythecomplainanton_________.
Statutory notice dt. _________ waspostedon_________.Thestatuarynoticesendtothe accusedwas
returned as unserved on _________, therefore cause of action has arisen on _________, therefore
complaint is filed within limitation period.
8 . The Complainant submits that the cheques issued by accused under his signature. The offence is
committed withthejurisdictionof_________PoliceStation,Mumbai,wherethecomplainantishaving
hisaddressandthechequeisdepositedinhisbankwhichiswithinthelocaljurisdictionofthisHon’ble
Court.
I t is therefore prayed that the process of this Hon’ble Court be issuedundersection138ofNegotiable
Instrument Act, 1881 against the accused person and accused be dealt with asperlawanditisfurther
prayed that the compensation be awarded to the complainant out of fine that may be imposed on the
accused under section 352 of Cr. P.C.
AND for this Act of kindness the complainant as duty bound every pray.
Complainant
VERIFICATION
I ,MR.______________________,thecomplainantabovenameddoherebysolemnlyaffirmandstatethat
whatever is stated in the foregoing paras of the complaint is true to my own knowledge.;
Complainant
BEFORE ME
VERSUS
I , MR. _________________________, aged about ___ years, Indian Inhabitant, having address at
__________________________ do hereby solemnly affirm and state as under:-
1 . I say that I have filed complaint under section 138 against the above named accused before this
Hon’ble Court.
2 .IsaythatIhavenotfiledanyothercomplaintorsuitunderanyactbeforeanycourtorauthorityexcept
this court.
3 .IsaythatthisAffidavitistobefiledbeforeHon’bleCourtasperthedirectionoftheHon’bleSupreme
Court.
Complainant
_____________________
V/s.
VERIFICATION
2. That accused is known to me since last more than __ years through a common friend.
3 . That in discharges of libalitiies the accused issued __ account payee cheques being i) Cheque
No._______ dt. _________ for Rs. ___________/- (Rupees __________ Only) and ii) Cheque No.
__________ dt. _________ for Rs. _________/- (Rupees _________ Only) both cheques drawn on
‘_________________’ Branch, _________, thus total amount of both the cheques of Rs. _________/-
(Rupees ___________________ Only).
4 . ThatIpresentedtheabovesaidbothchequesforencashmentandthesamehasbeendishonouredby
accused’s Bankers “______________________” with remarks “______________”on________.Ihave
been intimated about the dishonourment of the said cheques by my banker “___________________”.,
Branch, _________ on _________.
5 . That my Advocate’s issued Notice dated _________ to accused, byR.PA.D.on_________atthe
address shown in the cause title.
6. That the said Notice sent to the accused person at his address
by R.P.A.D. has been return unserved by the postal authorities with the remark “left int.”.
7 .IfiledcomplaintU/s.138NegotiableInstrumentActon_________beforethisHon’bleCourtagainst
the accused.
Complainant
Before me.
16.Consumer Complaint;
VERSUS
1 . This complaint is filed under Section 12 of ConsumerProtection Act. 1986. The complainant is a
citizen of India and is a consumer under the provisionsoftheConsumerProtectionAct.Theopposite
party herein is Developer and Builder the service provider withinthemeaningofConsumerProtection
Act, 1986.
3 .TheComplainantsubmitsthatunderaDevelopmentAgreementdated_______dulyregisterunderSr.
_______ vide document no. ______ on ______ along withGeneralPowerofAttorneydt.______duly
register under Sr. No. ________ vide Document No. ______ dt. _______ the Opposite Party was
authorizedtodevelopandconstructedresidentialbuildingsonthesaidplotoflandinthenameof“_____
Co-Operative Housing Society” (Proposed). The Complainant will refer to and rely upon the said
Development Agreement dt. ________ and General Power of Attorney dt. ___________ as and when
produced before the Hon’ble Forum. The Complainant further submits that in view of the said
Development Agreement, the Opposite Party was entitled to sell / transfer an area in the “saleable
building”partoftheresidentialbuildingstobeconstructedonthesaidplotsoflandunderthesaidS.R.A.
Scheme. The complainant was informed by the opposite party thattheyaredevelopingthesaidplotof
landandamultistorysalablebuildingistobeconstructedbytheoppositepartyonthesaidplotof land.
The Opposite Party also informed to the complaint that LOI dt. ___________ is issued in their name.
4 .TheComplainantsubmitsthattheoppositepartyagreedtosell,transfer,assignalltheirright,titleand
interestinfavouroftheComplainantandtheComplainantagreedtopurchaseaflatbeingFlatno.______
admeasuringabout_____sq.ft.area(Approx)comprised__BHKFlatinsaleablebuildingontheplotof
landbearingCTSNo._________________,attherateofRs._____/-persquarefeetthetotalamountof
Rs. _________/- (Rupees ______________ Only) being the consideration for the said Flat.
5 .TheComplainantfurthersubmitsthatasagreedbetweenhimandtheoppositepartyhepaidsumofRs.
___________/-(Rupees____________Only)beingthepartpaymentforpurchaseofthesaidFlattothe
opposite party by cheque being no. ________ dated _________drawnon___________________.The
Complainant submits thattheoppositepartyhasissuedreceiptdated_______ofRs.________/-tothat
effect. Hereto annexed and marked as Exhibit- ‘A’ is thecopyofthesaidreceiptsdated___________.
The Complainant submits that the opposite party confirmed the booking of the saidFlatbytheirletter
dated ___________ which is sign byboththeparties.HeretoannexedandmarkedasExhibit-‘B’isthe
copy of the said letter dated ________.
7 . The Complainant submits that due to some litigation and other difficulties the developer could not
complete the construction of the said building and Agreement for Sale Could not be executed by the
Opposite Party. The Complainant further submits that the opposite has been terminated by SRA on
________andnewdeveloperhasbeenappointed.ThecomplainantsubmitthatSRAhaveappointedthe
ValuertoassesstheexpensesdonebytheOppositePartysotheOppositePartyshallbepaidtheexpenses
they have incurred. The complainant submits that the opposite party was to disclose the name of the
purchaserswhohavebookedflats/officersandpaymentreceivedbytheoppositeparty.TheComplainant
submitthattheoppositepartypromisedthecomplainantthathisinterestisprotectinthesaidprojectand
hisbookingshallbeconfirmedandthesaidMOUdt.________shallremaininforceinfuturewithnew
d eveloper also. The complainant has further entered in to a fresh Memorandum of Understanding on
__________withcomplainantconfirmingthepreviousMOUdt._______.Heretoannexedandmarkedas
EXHIBIT ‘D’ is the copy of he said MOU dt. ____________.
8 . The complainant submit that thereafter he has written to CEO / Chief Executive Engineer, S.R.A.
Bandra(East),Mumbaibyhisletterdt._________also,informinghimregardinghisbookingasperthe
said MOU. The complainant furthersubmitsthatheisnotgettinganysatisfactoryreplyeitherfromthe
opposite party or from the SRA. Therefore he is approaching to this Hon’ble Forum for justice in the
matter.
9 . Insuchcircumstances,theoppositepartyfailedandneglectedtofulfilltheircontractualobligationto
handoverthepossessionofthesaidFlatasperthesaidMemorandumofUnderstandingtheoppositeparty
hereinfailedandneglectedtomakepaymentofthesaidamountofRs.________/-alongwithinterestas
perthesaidMemorandumofUnderstandingtherefore,thiscomplaintisfiledinvokingjurisdictionunder
section 12 of Consumer Protection Act, 1986. It issubmittedthattheoppositepartyhereinisboundto
handoverpossessionofthesaidFlatortopaythesaidamountofRs.________/-alongwithinterestatthe
rate of 24% per annum from the date ofreceiptofthesaidamountbytheoppositepartytothepresent
complainantherein.Thecomplainantfurthersayandsubmitsthatthereisacleardefaultonthepartofthe
opposite party herein in providingthesaidFlatorreturnthemoneytothecomplainantasagreedinthe
said Memorandum of Understanding. Therefore, as per the said Memorandum of Understanding the
complainant is a consumer of the opposite party herein.
1 0.Evenotherwise,itissubmittedthatfromthefactswhicharementionedhereinabove,itcanbesafely
inferredthattheoppositepartyfailedtohandoverpossessionofthesaidFlatortoreturnthemoneytothe
complainant therefore, in such circumstances the complaint is filed before this Hon’ble Forum.
11. The Complainant submits that there is no delay in filling the above referred Complaint.
1 2. The Complainant has not filed any other Petition or application or any other matter before this
Hon’ble Forum or before any other Court touching the subject matter of the present Complaint.
13. The Complainant has no efficacious and alternate remedy except to file the present complaint.
1 4. The complainant craves leave to add. Amend, modify or later any of the above Complaint as and
when required.
15. The complainant has not received any caveat notice from the Opposite Party.
16. This Hon’ble Forum has necessary territorial jurisdiction to try and entertain the present complaint.
b ) Further be pleased to direct the Opposite Party herein to pay to the complainant the amount of Rs.
___________/- along with interest at the rate of ___% per annum from the date ofreceiptofpayment
from the complainant or as this Hon’ble Forum may deem fit and proper;
c ) For the inconvenience caused to the present complainant, a compensation quantified at
Rs.____________/- be awarded in favour of the present complainant herein;
d ) Cost of this proceedings quantified at Rs.________/- be also awarded in favour of the present
complainant;
e) Any other relief deem fit may please be granted in favour of the present Complainant herein;
PLACE : MUMBAI
DATE :
COMPLAINANT
V E R I F I C A T I O N
I , MR. __________________, the Complainant abovenamed do state and declare thatwhatisstatedin
paragraphs___to____istruetomyownknowledgeandwhatisstatedinparagraphs____to_____is
based on legal advice and I believe the same to be true.
Before Me
Identified by me