SUIT BILL OF EXCHANGE OR PROMISSORY NOTE PAYABLE FIXED TIME AFTER SIGHT OR DEMAND in Marathi

SUIT BILL OF EXCHANGE OR PROMISSORY NOTE PAYABLE FIXED TIME AFTER SIGHT OR DEMAND

Nature of grievance:

Suit on a bill of exchange or promissory-note payable at a fixed time after sight or after demand:

 For the recovery of money based on a bill of exchange or promissory-note which is payable at a fixed time after sight or after demand – A Suit may be filed for the recovery of money, within three years from the date, when the fixed time after sight or demand expires, under Article 34 of the Indian Limitation Act, 1963.

Reliefs prayed:

(As may be appropriate and applicable to the facts of one’s case)

a)     The Defendants be ordered and decreed to pay Rs.______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”);

b)     The Defendants be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment;

c)     The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff; (as may be applicable to the facts of the case) (Please see the Note below)

d)     The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) (Please see the Note below)

Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased –

e)     The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant/s and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case)

f)      The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendants to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court;

g)     The Hon’ble Court, in the due exercise of their powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to perform any other ministerial act; (as may be applicable to the facts of the case) (Please see the Note below)

h)     Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid.

i)       Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary.

Note: In Summary Suits, the Reliefs could only be in the nature of Money, i.e. the Principal sum and the interest, if any claimed, and no declaration or injunction of any nature could be asked for. In Summary Suits, even unliquidated compensation or damages cannot be claimed. However, if other Reliefs are also required to be sought, then, preferably, a leave of the Court under O.2 R.2 may be obtained to file a separate Suit for other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are not maintainable in every District Court, in such cases, a comprehensive Suit for all the Reliefs may be filed. Also, please take note of this whilst making averments in the body of Plaint.