Regular Civil Suit No.001/200_

MR. ANTANASIO PIRES
S/o MR.DOMNIQUE PIRES, major,
Major, married,
Resident of Tiswadi Taleigao
Panaji –Goa. ................................Plaintiff

V/S

MR. SALIM IRANI,
S/o MR. SHAKIL IRANI,
Major, married,
Residing at H No.420,
Devuli-Bardez-Goa ...................Defendant

SUIT FOR RECOVERY OF MONEY

The plaintiff above-named humbly states and submits as under:
1) The registered address of the plaintiff for all future communication as is required under Order 6 Rule 14A of Civil Procedure Code is the same as is mentioned in the cause title. The plaintiff is a businessman having his place of business at A-2, Tarantula Building, Taleigao Panaji and is dealing with sale of sports goods. The defendant is also a businessman conducting his business from F-3, Zigzag Apartments Complex and is also involved in the sale of sports goods and as such the plaintiff and defendant are acquainted with each other.

2) In the month of May 1999, the defendant approached the plaintiff with a request to grant him Rs.1,50,000/-,which according to the defendant was required to be invested in his business considering the long acquaintance between the parties, the parties-plaintiff agreed to grant to the defendant the sum of Rs.1,50,000/- as the loan amount.

3) The plaintiff advanced a cheque of Rs.1, 50,000/- bearing No.123456, dated 20/5/99 drawn on Dena Bank, Panaji-Branch. The plaintiff shall rely on the counterfeit of the said cheque.

4) On receipt of the cheque, the defendant executed a Demand Promissory note dated 20/5/99 in favor of the plaintiff, thereby promising to pay the plaintiff on demand, the said sum of Rs.1,50,000/- along with interested @ 12%.
Hereto marked and annexed as ‘Exhibit A’ is the said promissory note.

5) In the month of June 2000, the plaintiff was in need of money and hence approached the defendant with a request to repay the said loan. The defendant agreed to pay the said loan but in some way neglected and avoided the payment of the loan amount.

6) The plaintiff then wrote a personal letter dated 18/6/2000 and sent it by registered AD Post requesting the defendant to repay the loan advanced to him. The defendant received the said letter, failed to however take any step towards the repayment.
Hereto annexed and marked as ‘Exhibit B’ colly is the copy of the said letter with the AD card.

7) The plaintiff then approached his Advocate who addressed a registered notice dated 2/7/2000 to the defendant, calling upon the defendant to repay the loan amount within 10 days from the receipt thereof.
Hereto annexed and marked ‘Exhibit C’ colly is the copy of the notice with AD card.

8) The defendant received the notice but failed to comply with the terms of the notice in spite of having the receipt of the same.

9) The plaintiff submits that he is entitled to a judgment and decree from the Hon’ble Court directing the defendant to pay to the plaintiff the said sum of Rs.1,50,000/- along with interest @ 12%. p.a. from the date of the promissory note, up to the date of filing of the suit amounting to Rs.18,000/- and for a further interest at the same rate from the date of filing of suit until the realization

10) For the purpose of Court fees and jurisdiction, the relief in the present suit is valued at Rs.56, 000/-

11) The cause of action arose in Panaji because the loan amount was paid, due and repayable in Panaji, the parties reside in Panaji, within the jurisdiction of this Hon’ble Court and this Court has therefore the jurisdiction to entertain the suit.

12) The cause of action for the present suit arose when the defendant failed to comply with the terms of the notice under ‘Exhibit C’. This suit is therefore not barred by limitation.

13) There is no other suit pending between the parties on the same cause of action.

14) The plaintiff therefore prays:
a) for a judgment and decree directing the defendant to pay to the plaintiff a sum of Rs.1, 50,000 together with the interest of Rs.6000/- calculated @ 12%.p.a. from the date of the promissory note till the date of filing of the suit.
b) for a further interest at the same rate from the date of filing of the suit until realization.
c) for costs.

PLACE: Panaji
DATE: 12/9/2000

Sd/-
PLAINT DRAWN BY PLAINTIFF
sd/-[ADV.FOR THE PLAINTIFF]

VERIFICATION

I, MR.ANTANASIO PIRES, the plaintiff above-named do solemnly declare that the contents of the paragraphs 1-9 are true to my personal knowledge and the contents of the paragraphs 10-14 are submissions made upon legal advice.

Solemnly affirmed at Panaji, Goa on this 12th day of Sept’00.

Sd/-

PLAINTIFF