Name: Akash Warang

Institution Name- VPMs TMC Law College, Thane, Maharashtra

Registered email id akashwarang@ymail.com

Suit for Non-Payment of Debt when a day is specified for Payment

In the Bombay High Court, Civil Jurisdiction

Original Suit Number of 2014
Mr. Jagmohan Das.. Plaintiff
49/A Lok Apartments
Shankar Lane
Mumbai

Versus

Mr. Manohal Lal.Defendant

21/B Shanti Apartments
New Malti Lane
Mumbai

Suit for Non-Payment of Debt on specified day of payment

Facts:
The Plaintiff begs to submit as under:
1. That the defendant had taken a loan from the plaintiff of Rs.50,000 on the 22nd of
August 2013 at 20% Simple interest calculated per annum (amounting to Rs.60,000),
which he promised to pay on the 22nd of August 2014.
2. That the plaintiff holds a 50 gram-24 carat gold coin, which the defendant had
given as collateral.

3. That the defendant failed to pay the promised amount i.e. Rs.60,000 on the 22nd of
August 2014 and a notice regarding the same was dispatched on behalf of the
plaintiff.
4. That the defendant has asked for extension of the period of payment, which is
totally unacceptable to the plaintiff.
5. That the plaintiff is in immediate needs of funds and the act of the defendant is
likely to cause a monetary loss to the plaintiff.
6.That the plaintiff prays for compensation for the delay of payments and also the
monetary charges undergone due to non-availability of liquid funds whose sole reason
was the defendants breach of promise.
7. The value of the suit for purposes of court-fee and jurisdiction is Rs 80,000
(Rs.60,000+ compensation Rs.20,000). Hence, the court has jurisdiction.
8. It is prayed that a decree for payment of Rs.80,000 be passed in favour of the
plaintiff against the defendant and costs of the suit be also awarded.
9. If the defendant fails or is unable to pay the loaned amount, we pray for a decree
granting ownership of the gold coin to the plaintiff or any award which the court may
deem fit.

Place: Mumbai

(Signature of the plaintiff)

Date: 10th September 2014

XYZ
Advocate

I, Mr. Jagmohan Das, do hereby solomnly verify that the contents from paras 1 to 7
are correct and true to the best of my knowledge and contents from paras 8 and 9 are
based on legal advice, which I believe to be correct. Affirmed at Mumbai this 10th
Day of September 2014.

(Signature)

Plaintiff