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Recovery Suit: Bhaskar vs. Anand

Bhaskar has filed a plaint against Anand for recovery of a loan amount. According to the plaint: 1) Bhaskar lent Rs. 1.2 lakhs to Anand on 15 January 2020 at 10% annual interest as per a promissory note. 2) Anand failed to repay the loan after the 6 month deadline as agreed. 3) Bhaskar is now suing Anand to recover Rs. 1.29 lakhs which includes the principal loan amount and accrued interest.
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0% found this document useful (0 votes)
195 views6 pages

Recovery Suit: Bhaskar vs. Anand

Bhaskar has filed a plaint against Anand for recovery of a loan amount. According to the plaint: 1) Bhaskar lent Rs. 1.2 lakhs to Anand on 15 January 2020 at 10% annual interest as per a promissory note. 2) Anand failed to repay the loan after the 6 month deadline as agreed. 3) Bhaskar is now suing Anand to recover Rs. 1.29 lakhs which includes the principal loan amount and accrued interest.
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Problem Statement
  • Brief Facts of the Case
  • Plaint Details
  • Legal Grounds and Jurisdiction
  • Verification and Affidavit
  • Verifying Affidavit

Problem No .1.

Plaint

Anand has borrowed a sum of Rs .1 lakhs 20 thousand from Bhaskar for improving
his business with an interest @ 10% p.a on 15.1.2020 and promised to repay within
6 month. As security for repayment of the loan he has executed demand
promissory note on the same day. After due date Anand failed to repay the amount.
Now Bhaskar wants to file a suit for recovery of money.

Draft a plaint.
IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT: BELGAUM

Original Suit NO: 445/2020

Shri Bhasker S/O Ramnath Pillai


age: 45 years; occupation:Businessman
Resident of: Tilakwadi, 2nd main
Belgaum 590005
PLAINTIFF

VS

Shri Anand S/O Laxman Desai


age: 40 years; occupation: Businessman
Resident of: Ramdev Galli 1st cross
Belgaum 590001
DEFENDANT

Plaint Under Order VII, Rule 1 & 2 of The Code of Civil Procedure, 1908
SUIT FOR THE RECOVERY OF MONEY

Herein, the Plaintiff above named most respectfully submits as under:

I. The addresses of the plaintiff for the purpose of suit summons and court
notice is that of one furnished in the cause-title above and that of his
advocate Shri [Link], 2nd main, 1st cross, Sadashiv Nagar,
Belgaum 590014 and the address of the Defendant for the same purpose is
also the same as the one mentioned in the cause-title above.

II. BRIEF FACTS OF THE CASE:


1. It is submitted that the Defendant having an acquaintance with the plaintiff
approached him and requested to advance a hand loan of Rs.1, 20,000/-
(Rupees one lakh twenty thousand only) to meet his needs. The Defendant
also proposed to execute a Promissory Note for the said amount and with a
simple interest @ 10% p.a. due to that acquaintance, the Plaintiff agreed for
the same and thus, the defendant has borrowed a sum of Rs.1,20,000/-
(Rupees one lakh twenty thousand only) as hand loan on 15th January 2020
from the Plaintiff at the Plaintiff’s home situated at Tilakwadi, Belgaum and
executed a Promissory Note for the said amount in favor of the Plaintiff and
promised to repay the said hand loan within a period of 6 months from the
date of execution of the promissory note. It is respectfully submitted that in
spite of repeated oral demands made by the Plaintiff, the Defendant did not
bother to repay the said hand Loan amount.

2. The Plaintiff having vexed with the conduct of the Defendant avoiding the
repayment, got issued a legal notice to the Defendant on 18 July 2020
through his Counsel by way of Regd Post with Ack. Due as well as UCP, to
his Residence. The Defendant received the same but did not reply.

3. The Plaintiff submits that the Defendant having borrowed the amount of
Rs.1,20,000/- (Rupees one lakh twenty thousand only) as hand loan and
having executed the promissory note is bound to repay the same to the
Plaintiff who is entitled for interest on the suit amount from the date of
demand i.e. 15th January, 2020 till realization @ 10% p.a. As the Defendant
is avoiding payment, the Plaintiff has left with no option except to approach
this Hon’ble Court by way of this suit. In view of the above said facts, the
Plaintiff is entitled to sue the defendant.

4. The Plaintiff submits that The Defendant is liable to pay the following
outstanding amount: (i) Promissory Note Amount: 1, 20,000.00 (ii) Interest
on 1, 20,000 @ 10% p.a. From 15.01.2020 as on date filing of the suit:
9,500.00 --------------- 1, 29,500.00 ---------------- Therefore, the Defendant
has to pay a total sum of Rs. 1, 29,500.00 /- (Rupees one Lakh twenty nine
thousand five hundred only) to the Plaintiff as on the date of filing of the
present suit. Hence, this suit.

III. CAUSE OF ACTION: The cause of action for the suit arose on 15.07.2020
when the Defendant borrowed the amount and executed pro-note and on
15.07.2020 when the Plaintiff got issued a legal notice to Defendant calling
upon defendant to repay the amount and still subsists.

IV. VALUATION: That, the suit is for the recovery of Rs. 1, 29,500/- (Rupees
one lakh twenty nine thousand five hundred only) against the Defendants.
The court-fee is paid ad valorem under sec. 21 of the Karnataka Court-fees
and Suit Valuation Act, 1958. For the purpose of pecuniary jurisdiction and
advocate’s fee the suit is valued at the same.

V. JURISDICTION: The Plaintiff is residing at Belgaum and the Defendant


borrowed the said loan amount from the Plaintiff at the residence of the
Plaintiff and hence this Hon’ble Court is having territorial & pecuniary
Jurisdictions to entertain the present suit.

VI. DECLARATION: The Plaintiff has not filed any suit against the Defendant
and no suit is pending between the parties in respect of the relief being
claimed in this suit.

VII. LIMITATION: The Defendant borrowed the said hand loan amount on
15.01.2020 and the legal notice issued to the Defendant on 15.07.2020 and
therefore the present suit is within the limitation.

VIII. PRAYER: Hence, the plaintiff herein prays that this Hon’ble Court may be
pleased to pass Order and Decree in favor of the Plaintiff and against the
Defendant.

(a) To direct the Defendant to pay a sum of Rs.1,29,500.00 /- (Rupees one


lakh twenty nine thousand five hundred only) together with future
interest thereon, from the date of this suit, till the date of realization of
the entire suit claim;

(b) That, pendente lite and future interest be awarded at the rate of 10% per
Annum on the claim amount from the date of the suit and till realization
of the entire amount.

(c) All expenses including the typing expenses permissible under Civil
Rules of practice be kindly awarded

(d) All costs and other incidental reliefs fit under the circumstances of the
Case may kindly be granted.

Place: Belgaum
Date:16/07/2020
Through Plaintiff

Advocate
([Link])

VERIFICATION

I, Bhasker s/o Ramnath Pillai, age: 45 years, occupation: Businessman


Resident of: Tilakwadi, Belgaum 59001. Do hereby declare that the contents
of Para I are true and correct to the best of our knowledge and believed to be
true and correct and the rest of the paras are on the basis of information and
legal advice and verified on this the 15th day of July 2020 at Belgaum

Plaintiff

IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT: BELGAUM


Original Suit NO: 445/2020

Shri Bhasker S/O Ramnath Pillai vs Shri Anand S/O Laxman Desai

VERIFYING AFFIDAVIT

I, Bhasker S/O Ramnath Pillai, age: 45 years, occupation: Businessman


Resident of: Tilakwadi, Belgaum 590001, do hereby solemnly affirm and state
on oath as under:

1. I am plaintiff in the above case as I know the fact of the case

2. I have filed the a case for recovery of money from Anand S/O Laxman
Desai for Rs.1,29,500/- (Rupees one lakh twenty nine thousand five hundred
only) along with interest @ 10% p.a till the realization of the entire amount
and cost of filing the suit . The defendant has failed to pay the loan amount
within the stipulated time and the terms of promissory note.

Hence this affidavit

I do swear in the name of god that is my name and signature and the content of this
affidavit are true and correct

Place: Belgaum
Date: 16/07/2020

No of corrections (Nil)

Identified by me Deponent

Advocate (Bhaskar Ramnath Pillai)

Sworn to before me

(notary)

Common questions

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Bhasker's prayer for relief embodies key practices in civil recovery suits by requesting the court to order Anand to repay the owed amount of Rs. 1,29,500, along with future interest at a rate of 10% per annum until full realization. Additionally, Bhasker requests recovery of all suit-related expenses. This typical structure ensures the plaintiff clearly communicates the specific redress sought from the court, providing a definitive outline of the financial and legal claims at issue. It serves to formally instruct the court on the specific outcomes the plaintiff desires from the litigation process .

The verification process in legal filings, such as the one conducted by Bhasker, serves as a formal affirmation of the truth and correctness of the claims made in the suit. This process requires the plaintiff, Bhasker, to swear that the information provided is accurate to his knowledge, thus subjecting him to legal accountability for the veracity of the statements. It aims to prevent the court from being burdened by frivolous or unsubstantiated claims, emphasizing the commitment to integrity in legal proceedings. Such an affidavit aids in enhancing the trustworthiness and reliability of the official documentation submitted to the court .

In Bhasker's lawsuit, the claim amount calculation comprises the principal loan of Rs. 1,20,000 and accrued interest at an annual rate of 10% from January 15, 2020, until the filing date, amounting to Rs. 9,500. The sum total thus claimed was Rs. 1,29,500. These elements reflect the standard practice of claiming both the principal and the interest due, quantifying the total financial obligation the defendant should fulfill. Such precise calculations ensure the plaintiff clearly presents the basis of the financial claim and aids the court in determining the proper monetary award due upon resolving the case .

Territorial and pecuniary jurisdiction are crucial in determining the right court to hear a case. In Bhasker's suit against Anand, the court's jurisdiction was established based on the location where the loan transaction occurred, which was at Bhasker's residence in Belgaum, as well as the monetary value involved, Rs. 1,29,500. The Karnataka Court-fees and Suit Valuation Act, 1958 dictates jurisdiction based on these factors. Choosing the correct jurisdiction ensures the court's legal authority to adjudicate the case, providing a proper legal venue for Bhasker's claims .

In Bhasker's lawsuit, the calculation of interest at a rate of 10% per annum from the loan date reflects the contractually agreed financial burden on the borrower for using the lender’s funds. The accrued interest, summed to Rs. 9,500 by the filing date, represents compensation for the lender, Bhasker, for the time elapsed without repayment. Interest serves as a vital component in financial claims, ensuring that the lender is not disadvantaged by the borrowing period. By adding this to the principal, Bhasker highlights the full extent of his financial loss due to Anand's default, integral to his recovery efforts .

In the event of a default on a promissory note, as exemplified in the case of Bhasker vs. Anand, the creditor, in this case Bhasker, can file a suit for the recovery of money in a civil court. The legal recourse involves submitting a plaint under Order VII, Rules 1 & 2 of The Code of Civil Procedure, 1908. The creditor is entitled to recover the principal loan amount, accrued interest, and any additional costs incurred due to the default. Bhasker took this route by filing an Original Suit NO: 445/2020 to claim Rs. 1,29,500, inclusive of interest and additional suit costs .

A promissory note, as illustrated in the case between Bhasker and Anand, is a financial instrument that contains a written promise by one party (the borrower) to pay a definite sum of money to another party (the lender) either on demand or at a specified future date. The legal implications include the borrower's obligation to repay the amount as stated in the note, including any agreed upon interest. Failure to do so, as Anand experienced, makes the borrower liable for breach of contract, allowing the lender to seek legal remedies such as filing a suit to recover the owed amount plus interest .

The concept of "cause of action" is crucial as it underpins the plaintiff's right to bring the lawsuit by outlining the facts necessary to entitle him to a legal remedy. In Bhasker's case, the cause of action arose from Anand's borrowing of Rs. 1,20,000, executing a promissory note, and failing to repay as agreed. Detailed in the suit, the cause outlines a valid legal ground for the case, informs the court of the dispute, and marks the starting point from which the statute of limitations is calculated. It clarifies the legal and factual basis of the complaint, thereby framing the issues to be adjudicated .

In civil litigation, the plaintiff's declaration clarifying that there are no pending suits between the parties concerning the same subject matter is significant as it prevents multiplicity of proceedings and ensures judicial efficiency. This declaration, as made by Bhasker in his suit filing, confirms that no parallel suits or claims are being pursued which could complicate or affect the legal process. It serves to assure the court that adjudicating this case would not result in conflicting judgments or procedural redundancies .

Legal notices serve as formal communications where the creditor officially demands repayment of the debt before pursuing legal action. In the case of Bhasker vs. Anand, Bhasker issued a legal notice to Anand on July 18, 2020, through registered post, as a precursor to filing a lawsuit. The intent was to demand repayment and notify Anand of legal action if the debt remained unpaid, serving both as an attempt to resolve the issue without court intervention and as a record supporting the plaintiff's claim if litigation becomes necessary. Anand's lack of response to this notice led Bhasker to initiate a civil suit for recovery .

Problem No .1.Plaint
Anand has borrowed a sum of Rs .1 lakhs 20 thousand from Bhaskar for improving
his business with an inte
IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT: BELGAUM
Original Suit NO: 445/2020
Shri Bhasker S/O Ramnath Pillai
age: 45
(Rupees one lakh twenty thousand only) as hand loan on 15th January 2020 
from the Plaintiff at the Plaintiff’s home situated
and Suit Valuation Act, 1958. For the purpose of pecuniary jurisdiction and 
advocate’s fee the suit is valued at the same.
Through                                                                                    Plaintiff
         Advoca
Original Suit NO: 445/2020
 Shri Bhasker S/O Ramnath Pillai   vs     Shri Anand S/O Laxman Desai

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