Format of legal notice against return of cheque to be served to the drawer before filing Criminal Complaint u/s 138 of of Negotiable Instruments Act against return of cheque Draft Format of Legal Notice against return of cheque Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-) Registered AD/Speed Post  Date: Mr. ________________Address____________ LEGAL NOTICE Sir, Under instructions and authority from our client M/s. ______________________ we serve upon you the following legal Notice. That our client is a Private Limited Company engaged in trading of Computers, Laptops, Computer Parts and Accessories the name of _________________________________ having office at ____________________________________. That in the year _______________you have approached our client through E-mail communication of your employee __________________ to purchase ________________for your office. Subsequently you have issued purchase order dated _________________amounting to Rs. ______________for _____________ That you have promised our client to pay the cost of the product in the form of Current Dated Cheque as mentioned in the purchase order. That our client had relied on your promise and as instructed by you delivered the ___________ at your office at _______________ vide Invoice No. __________dated ___________. That you have issued Cheque No. _____________dated ____________for Rs. _________/- (Rupees ____________only) drawn __________________________ towards payment against the Invoice. That the aforesaid cheques No. _____dated ________for Rs. _______/- was presented by our client M/s._____________________ on _____ to your Bankers i.e. _____________________________________. Our clients shock and surprise the said cheque had been dishonoured by your bankers with the reason "Fund Insufficient" which was intimated to our client by their ________________________________ through their cheque return memo dated ____________That thereafter inspite of many telephonic reminders by our client, you failed to make the payment due to our client. That now it is clear that you had dishonest intention at the time of purchasing _____ from our client and deceived our client to the tune of ____________. Our client states that you have issued the above said cheques only with an intention to cheat our client which amounts to an offence punishable under section 138 of Negotiable Instruments Act. Under the circumstances, we call upon you to pay of Rs.____________ /- within a period of 15 (fifteen) days from the date of receipt of this notice, failing which our client will be constrained to take legal action against you in a court of law for an offence punishable under section 138 of Negotiable Instruments Act for which you will be liable for all costs and consequences. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. You are liable to pay a sum of Rs. __________/- as necessary cost and expenses of sending the present legal notice to you. Copy of this legal notice is also kept at our office for further ready reference it required in future.  For______, Advocates _____________, Advocate Partner

NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) REGD A/D / U.P.C. Dated: To, Sh. ……………., ………… Connaught Place, New Delhi -110001 And also at: …………. Vikas Puri New Delhi-110018 SUB: LEGAL NOTICE UNDER INSTRUMENTS ACT, 1881 Dear Sir, Under the instructions from and on behalf of my client Sh. …………., Daryaganj, New Delhi-110002 (hereinafter referred to as „my client‟), I serve you with the following notice: 1.That my client is engaged in the business of trading of sewing machines. During the ordinary course of business you addressee purchased from my client the said sewing machines for which you issued a cheque bearing no…..dated….. of United Bank of India, Khanpur Branch, Khanpur Extn. New Delhi-110062 for a sum of Rs.2,45,700/-, as part payment towards discharge of your liability which you addressee had incurred by way of purchasing aforesaid sewing machines from my client. 2.That the above-mentioned cheque was deposited by my client with his banker HDFC Bank Ltd., 28, Punjabi Bagh, New Delhi, for encashment on……(Date) 3.That the said cheque was returned to my client with an endorsement “Dishonoured for insufficiency of funds.” That the dishonoured cheque along with the cheque returning memo of bank dated…….was returned to my client. 5.That for the first time my client came to know about the dishonouring of the said cheque on……... 6.That on account of the dishonouring of the cheque you addressee are guilty of committing offences punishable u/s 138 of the Negotiable Instruments Act 1881 (as amended up to date). Now through this legal notice I hereby call upon you addressee to make the payment of Rs.2,45,700/-, the amount of said dishonoured cheque, within fifteen days of the receipt of this notice, failing which my client shall be constrained to take legal action against you by way of Civil as well as Criminal proceedings, at your risk as to cost and consequences resulting therefrom. Yours Sincerely, Advocate

Summary Suit under Order XXXVII of Code of Civil Procedure download for recovery of money against return of cheque, negotiable instrument or confirmed debt. Format of Recovery Suit file Petition against Defendant for return of cheque with claim of cheque amount and interest. Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/) Civil Procedure Code Order 37 provides for the summary procedure. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favour of the plaintiff if (1) the defendant has not applied for leave to defend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted.   IN THE COURT OF _____________________________C.S. (OS) NO ________________ OF 20__ IN THE MATTER OF:M/s. ________________ ...PlaintiffVERSUSM/s. ________________ ...DefendantsSUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF Rs. _______/- (RUPEES _____________)MOST RESPECTFULLY SHOWETH:1. The Plaintiff is a Limited Company having its branch office at __________________________________________________________________and having its Registered Office and Factory at _____________________________________________________________________. The Plaintiff provides solution for _________________________technology, technological design and with highly skilled engineering team provides application oriented solutions that suits Indian Environment. The present Suit is being filed through Mr. _________________________________, Manager Sales (North), the authorised Signatory of the Plaintiff who has been duly authorised vide Board Resolution dated 18th _____________ to file the present Suit on behalf of the Plaintiff.2. The Defendant No.1 is a Private Limited Company having its office at __________________________, India.3. That the Defendant No.2 is the Director of Defendant No. 1 Company and is responsible for execution of all the functions related to the business of the Company.4. That in the year __________ the Defendants approached the plaintiff to purchase ______________ Products and placed order to purchase products from the Plaintiff.5. That the Plaintiff had sold ______________ product worth Rs. ______________/- (Rupees ______________) to Defendant No. 1 and Defendant No. 1 through its staff had taken delivery of the product as per the details mentioned below.INVOICE NO. DATE AMOUNT6. That the Defendant No. 1 had made payment of Rs. ___________ towards part payment against the above said invoices. There is a balance of Rs. _______________ (Rupees ________________ only) receivable by the Plaintiff against the above mentioned invoices.7. That on _________________ Defendant No. 1 had issued a cheque ____________ for _____________/- (Rupees _____________ only) drawn on _________________ to the Plaintiff towards part payment against the remaining amount.8. That the aforesaid cheque for Rs. ___________________ /- (_________________only) was presented by the Plaintiff to the bankers of Defendant No. 1 i.e. ______________________ .9. That the said cheque had been dishonoured by bankers of Defendant No. 1 with the reason "Exceeds Arrangement " which was intimated to the Plaintiff by their Bankers ___________________ through their cheque return memo dated _____________ received on _____________.10. That thereafter in spite of many telephonic, e-mail reminders and personal visit by the staff of plaintiff, the Respondents failed to make the payment due to the Plaintiff.11. That the Plaintiff issued a legal notice dated ______________ demanding amount of Rs. _____________ against the returned cheque, which was not replied by the Defendants.12. That the Suit is within the period of limitation.13. That the cause of action arose in favour of the Plaintiff and against the Defendants. The cause of action arose on 14-Jun-__, 6-Jul-___, 6-Jul-___, 11-Sep-___, when the Defendants purchased ____________ product worth ___________ (Rupees ________________). The cause of action arose when the Legal Notice dated _________ was send by registered post on ____________ upon the Defendants.14. That this Hon'ble Court is competent to try the present Suit as the Branch office of the Plaintiff through which the transactions are done is situated in its territorial jurisdiction. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E Ra) pass a decree against the Defendants jointly and severally to pay the sum of Rs. _________________/- Along with pendent lite and future interest @24% per annum; and b) Award the cost of suit in favour of the Plaintiff; and c) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and the circumstances of the case. Plaintiff Through Advocate for the Plaintiff Dated: New Delhi VERIFICATION:I, ______________, the authorised representative of the Plaintiff do hereby verify that the contents of the para 1 to ______ of the Plaint are true and correct to my knowledge and as derived from the records of the case, no part of it is false and nothing material has been concealed there from. Verified at New Delhi on this ______ day of ______, 20__ DEPONENT   LIST OF DOCUMENTS  SNO  PARTICULARS PAGE NO 1 Copy of Board Resolution authorizing the Plaintiff's authorized representative   2 Original Dishonored Cheque   3 Cheque Returning memo dated _____________   4 Copy of Legal Notice dated ____   5 Postal Receipt No. ___________ dated ________.   6 Copy of Invoices   7 Any Other document with the kind permission of the Hon'ble Court     Plaintiffs Through_______________ Advocates for the Plaintiffs Dated:New Delhi   IN THE COURT OF _____________________________C.S. (OS) NO ________________ OF 20__ IN THE MATTER OF:M/s. ________________ ...Plaintiff VERSUSM/s. ________________ ...Defendants   AFFIDAVIT I, ___________, Son of _____________, Aged about ____ years, resident of _______ _________________ _____________, do hereby solemnly affirm and declare as under:1. That I am the authorized representative of the Plaintiff in the above Suit and I am well conversant with the facts and circumstances of the case and application to depose the present affidavit.2. That I have read and understood the contents of the accompanying Plaint and I state that the same are true and correct to my knowledge and the no part of it is false and nothing has been concealed there from. DEPONENT VERIFICATION: Verified at New Delhi on this ______day of ____, 20__ that the contents of the above affidavit are true and correct to my knowledge and as derived from the records of the case, no part of it is false and nothing material has been concealed there from. DEPONENT

Legal Notice to drawer of cheque for return of cheque issued to repay friendly loan with demand for payment of money and interest with statutory period. Format of Legal Notice to drawer of cheque in case of friendly loan given and cheque returned without sufficient fund. Notice demanding money and interest or to file Complaint under Section 138 of NI Act and order xxxvii of CPC. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Legal notice format to be issued to drawer of a cheque in case of friendly loan and cheque issued to repay the amount. The Drawee has taken loan to help the drawer and paying interest. Drawee has entered into agreement with the Drawer while giving the loan. The Drawer had also issued a promissory note to repay the amount on demand. The demand notice is as per statutory requirement and with demand of interest also on the amount due. Format of legal notice in case for friendly loan and cheque return is given below: Registered AD Date : Mr. ___________________ LEGAL NOTICE Sir, Under instructions and authority from my client Mr. _______________, Son of ____________________, I serve upon you the following legal Notice.1. That my client is working as Manager with a Private Company.2. That beginning with the year ___ you approached my client and asked for a loan to meet some urgent business needs of and assured my client to return the money on demand with interest @ 2.00% per month.3. That by considering your urgency my client agreed and gave you the loan in different installments which is repayable on demand.4. That for the period from _________ to __________ my client gave you a loan of Rs. __________/- which was transferred to your bank account as per your request.5. That my client had initially arranged the money to lend you by taking loan from different NBFCs/ banks on interest to arrange money to help you to fulfill your financial requirements. My client is still paying interest and installments to different banks to repay the amount of loan taken to help you.6. That you have signed a promissory note on ____________ and promised to pay the said amount of Rs. ____________/- along with interest @ 2.00% per month on demand.7. That you have also entered into an agreement with my client on __________ and accepted that the amount payable to my client as on __________ was Rs. _________/-. You have agreed to repay the Principle amount in ____.8. That you have also agreed to pay an amount of Rs._________/- per month through RTGS towards interest and part of capital payment as per the schedule mutually agreed by the parties to the agreement.       9. That on _____________ my client intimated you that the agreement dated ___________ is expiring in _______. He also informed you that you have violated the terms of the agreement and not paid interest amount of Rs. _________/-.10. That my client waited till due date to get back the loan amount and interest. But you have not paid principle amount or interest.11. That my client repeatedly followed up and contacted you to refund the loan amount with interest. After repeated reminders you have issued the following cheques drawn on _____________, payable at __________ towards repayment of Principal amount of Rs. _______/- and Rs. __________/- towards interest amount till __________.Cheque No. Date Amount Remarks12. That the aforesaid cheque No. _________ dated ________ for Rs. _________/- was presented by my client Mr. __________on __________ to your Bankers i.e. _____________.13. That to my client's shock and surprise the said cheque had been dishonoured by your bankers with the reason "Refer to Drawer" which was intimated to my client by his bankers on ___________.14. That the other cheques bearing No. __________ dated __________ for Rs. __________/- and Cheque bearing No. ____________ dated ________ for Rs. ________/- was presented by my client Mr. ____________ on _________ to your Bankers i.e. __________.15. That to my client's shock and surprise the said cheques had been dishonoured by your bankers with the reason "Exceeds Arrangement " which was intimated to my client by his bankers on ______.16. That thereafter my client contacted you and informed that the cheque has been returned un paid.17. That thereafter inspite of many telephonic reminders by my client, you failed to make the payment due to my client.18. That now it is clear that you had dishonest intention at the time of borrowing money from my client, while signing the agreement and Promissory note with my client and deceived my client to the tune of Rs. ____________/- by issuing cheque from your bank account.19. That my client states that you have issued the above said cheque only with an intention to cheat him which amounts to an offence punishable under section 138 of Negotiable Instruments Act and other criminal provisions of Indian Penal Code.20. Under the circumstances, I call upon you to pay Rs. ___________/-(Rupees ______________ Only) along with Interest @ 2.0% p.m. for the delayed period, within a period of 15 (fifteen) days from the date of receipt of this notice, failing which my client will be constrained to take legal action against you in a court of law for an offence punishable under section 138 of Negotiable Instruments Act and Civil Proceedings under Order 37 against which you will be liable for all costs and consequences. This is without prejudice to all other legal rights and remedies available to my client for the above-stated purpose. You are liable to pay a sum of Rs. _______/- as necessary cost and expenses of sending the present legal notice to you. Copy of this legal notice is also kept at my office for further ready reference it required in future._______________., Advocate ENR No. _____________

Legal Notice to Drawer of Cheque to file Summary Suit  under order XXXVII of CPC and Complaint under Section 138 of Negotiable Instruments Act against return of cheque. This demand notice can be used to file Recovery suit as well as Complaint under 138 of NI Act to punish the drawer of Cheque. Format of Legal Notice to be send to the drawer of a cheque to file Recovery Suit under order 37 of CPC and Complaint under section 138 of NI Act.  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.30/-) You can send a legal notice to the drawer of cheque demanding payment against cheque returned by any reason. You can file a Summary recovery suit under Order XXXVII of Code of Civil Procedure for recovery of money. Court fee is applicable in case of summary suit. But the process will be fast as the Defendant may not get leave to defend from the Court.  You can also file a Complaint under Section 138 of the Negotiable Instruments Act to punish the drawer of cheque for not keeping sufficient balance while issuing the cheque and not paying the amount after you raised the demand. Format of legal notice demanding amount of cheque bounced is giving below:   Registered AD/Speed Post   Date: Mr. _________________Managing Director______________ PRIVATE LIMITEDIndia_________________ PRIVATE LIMITEDIndiaNotice under Section 138 of the Negotiable Instruments Act / Order 37 of CPC for Cheque Dishonoured due to Payment stopped by drawerDear Sir,Under instructions and authority from our client M/S. _____________________________ having their branch office at _________________ and having their Registered Office and Factory at _____________________ __________, we serve upon you the following notice of demand Under Section 138 of Negotiable Instruments Act / Order 37 of CPC.1. That our client provides solution for Material Handling Products with highly skilled engineering team provides application oriented solutions that suits Indian Environment.2. That in the year __________ you approached our client to purchase _____________ Products.3. That after negotiation you have placed order to purchase ___________product worth Rs. ___________ (Rupees ___________________) and taken delivery of the product as per the details mentioned below.INVOICE NO.   DATE   AMOUNT4. That you have made payment of Rs. __________/- towards part payment against the above said invoices. There is a balance of Rs. _____________(Rupees ______________ only) receivable by our client against the above mentioned invoices.5. That you have issued the following cheques amounting to Rs. ___________/- (Rupees __________________ only) drawn on __________ ______________ _______________ _________towards part payment against the remaining amount.    6. That the aforesaid cheques No. _______ dated _______ for Rs. _______, No. _______ dated _______ for Rs. _______ , (Total Amount Rs. _______/- (Rupees _______________________ only)) was presented by our client M/s. ______________ India Limited to your Bankers i.e. on _____________, Faridabad-121 001, Haryana.7. Our clients shock and surprise the said cheques had been dishonoured by your bankers with the reason "Payment Stopped by Drawer" which was intimated to our client by their Bankers ________ Bank Ltd, ______________, New Delhi-110 055 through their cheque return memo dated _____________ received on ______.8. That thereafter in spite of many telephonic, e-mail reminders and personal visit by our client, you failed to make the payment due to our client.9. That now it is clear that you had dishonest intention at the time of availing credit facility from our client and deceived our client to the tune of Rs. _______/- (Rupees ______________________ only).10. Our client states that you knowing full well that there is no amount in your account, you have issued the above said cheque only with an intention to cheat our client which amounts to an offence punishable under section 138 of Negotiable Instruments Act.11. Under the circumstances, we call upon you to pay of Rs. _______/- (Rupees _______ only) along with Interest @ 24% p.a. for the delayed period, within a period of 15 (fifteen) days from the date of receipt of this notice, failing which our client will be constrained to take legal action against you in a court of law for an offence punishable under section 138 of Negotiable Instruments Act and Civil Proceedings under Order 37 for which you will be liable for all costs and consequences. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. You are liable to pay a sum of Rs. ___________/- as necessary cost and expenses of sending the present legal notice to you.Copy of this legal notice is also kept at our office for further ready reference it required in future.For ________ Associates, Advocates_____________, AdvocatePartner

COMPLAINT AGAINST CHEQUE DISHONOUR IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT_____________    Cr. Complaint No._______of ________.  __________________ ……………Complainant.              Versus  __________________  …………Accused/Respdt.  Complaint Under section 138 and 142 of the Negotiable Instrument Act, 1881.  Respectfully Showeth:- That the accused  issued one  cheque bearing No. _____________ dated________ for a sum   of Rs. ____________________drawn on ______________________ for a   lawful valuable consideration  in discharge of his  liability in favour of the complainant.                         2.     That the complainant presented the said cheque lastly on _______________ which was                                   returned unpaid by drawee Bank vide returning Memo dated _________________  for the                                   reasons `Insufficient Funds`.  The said cheque was presented within its validity period and                                   stood dishonoured on presentation. 3.     That the complainant got a notice issued through his counsel dated ______ _____under registered AD cover and UPC   to the accused demanding the amount of                             the dishonoured cheques within 15 days of the receipt thereof which was duly served upon   him on(Da te) ____________. It is submitted that the Registered cover containing the notice was received back as unclaimed as the accused has deliberately avoided the  service of  the  notice, however the notice sent through UPC stood served upon the accused on   (Date)__________, the copy of notice with postal receipt/ UPC  and envelop containing notice   is filed with the complaint.                     4.      That the accused person has not cared to make the payment of the amount                               of dishonoured cheques to the complainant within 15 days as required under the law as                              demanded in the notice.                     5.        That the cause of action for filing the complaint arose to the complainant with in the                               jurisdiction of this learned court when the accused failed to make the payment of                               the cheques in dispute to the complainant with in 15 days of the receipt of notice.                       6.        That the accused is guilty of an offence under section 138 of the Negotiable Instrument Act,                                1881 and is liable to be punished under section 142 of the said Act.                  It is, therefore, prayed that the accused person be proceeded against and punished in                   accordance with law as envisaged under section 142 of the Negotiable Instrument Act in                    accordance with law.                     Complainant                          Through                        Advocates Place: __________ Dated:  _________  List of  Documents attached:-        1.        Original dishonouredcheque No. ______ dated ________ for Rs._______   drawn on                   _________________  2.    Original returning Memos of the drawee Bank dated ________ 3.          copy of Notice dated _________. 4.          Postal   and UPC receipt dated _________ and envelop containing notice.  List Witnesses:- Complainant. Concerned officers of the _____________________ with the records pertaining to the _____________________ of the accused regarding dishonoured cheque No._________  for Rs. _______.  AFFIDAVIT  I (Name)___________________________ s/o Shri ________________________  aged _______ years, r/o__________________________________ do hereby solemnly affirm and declare on oath that the contents of the accompanied application from para 1 to 6 are true and correct to my personal knowledge and belief and that nothing false is stated therein and also nothing material is concealed there from.  I further declare and verify on oath that the contents of this affidavit are true and correct and nothing material is concealed there from. Verified at ______________ on this _______ day of_________.                                                                                                             DEPONENT. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

REPLY TO LEGAL NOTICE U/S 138 NEGOTIABLE INSTRUMENT ACT, Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Name of the Advocate Advocate …………… Jangpura Extn. New Delhi-110019 Ph.011- 2437XXXX REGD A/D / U.P.C. Dated: To, Sh. ………..Advocate, ……, Delhi High Court, New Delhi-110001 SUB: REPLY TO YOUR LEGAL NOTICE U/S 138 NEGOTIABLE INSTRUMENT ACT, DATED………. Dear Sir, Your legal notice dated 09.06.2015 has been placed before me by my client Sh. ………………….at Connaught Place, New Delhi -110001 and I, the undersigned, have been instructed to reply to your said notice by my client on his behalf as under: A. That, at the outset you are being informed that the notice under reply, you have sent    on behalf of your above said client, contains false and frivolous facts provided by    your said client against my client, thereby your notice under reply deserves to be    withdrawn, with unconditional apology by your client, because the claim made by    you is without any basis and is based upon concocted facts, as no claim is made out    against my client and in favour of your client. B. That, in fact, my client did not place any order for supply of any machines    whatsoever, as alleged by you. But, with a view to dispose off your old stock of    outdated machines, you requested my client to place them at his shop for sale.    Keeping in view old relations my client agreed to your client‟s proposal, which was    subject to the condition that payment would be made only after those machines were    sold out. However, those machines were not only outdated, but were also    mechanically faulty, because of which till date they are lying with my client, which    your client is at liberty to take back with two days‟ prior notice. It is pertinent to    mention here that the cheque in question was handed over by my client blank and the    same was to be used only upon instructions of my client, after he could sold out your    all those machines. C. That, however, your client has cheated my client by misusing that cheque which is    not in the handwriting of my client. As a matter of fact, your client has committed fraud in the matter and, consequently, is liable to be proceeded under the relevant    provisions of law. D. That, therefore, it is denied that the cheque in question was issued by my client to    your client in discharge of any liability. Rather, your client has misused that blank    cheque with ulterior motives, after forging the same. REPLY ON MERITS: 1. That the contents of para 1 of your legal notice are wrong and denied and    whatsoever is stated above is reiterated. It is denied that my client purchased    from you client any machines whatsoever. Rather, my client helped your client to    keep your machines in his godown/shop for disposal. Therefore, it is denied that    the cheque in question was issued in discharge of any liability towards my client,    as alleged in this para. 2. That the contents of para 2 are denied for want of knowledge. However, it is    reiterated that my client ever issued any cheque, in the manner as alleged by you. 3. That, in reply to para 3 of your legal notice, what is stated above is reiterated. It is    submitted that your client was not entitled to use that cheque for encashment and    deposit the same in his bank. 4. That the contents of para‟s 4 &5 are denied for want of knowledge. However, it is    reiterated that any cheque was issued in discharge of any liability towards my    client to your client. 5. That the contents of para 6 need no comments. However, it is denied that my    client committed any offence whatsoever. In view of aforesaid facts and circumstances, you are being advised to further advice your client to withdraw the said notice under reply and further advise him not to drag my client in any frivolous litigation, failing which my client shall be constrained to contest the same, besides proceeding against your client under the relevant provisions of law, at the costs, risks and consequences of your client only. Yours Sincerely, Advocate

Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) O.21 R.41(2) In Execution proceedings, Application to call for details of assets of the judgment debtor. The accrual of cause of action to file this Application:  Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the decree-holder may make an Application under this Rule and require the judgment-debtor (against whom decree is passed) or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment debtor. The Application may be taken in the form of a Notice of Motion / Notice / Exhibit / Chamber Summons as may be prescribed under the applicable provision of law, and duly verified by the Applicant. O.21 Rule 41: Examination of judgment-debtor as to his property (1) Where a decree is for the payment of money the decree-holder may apply to the Court for an order that- (a) the judgment-debtor, or (b) where the judgment-debtor is a corporation, an officer thereof, or (c) any other person, be orally examined as to whether any or what debts are owing to the judgment- debtor and whether the judgment-debtor has any and what other property or means of satisfying the decree; and the Court may make an order for the attendance and examination of such judgment-debtor, or officer or other person, and for the production of any books or documents. (2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule (1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor. (3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any Court to which the proceeding is transferred, may direct that the person disobeying the order be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the Court directs his release. Draft AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR (Order XXI, rule 41 (2)] In the Court of A. B............... Decree-holder. Versus C. D............... Judgment-debtor. I of oath State on ___________________ as follows: solemn affirmation 1. My full name is ...................................................................................... (Block capitals) 2. I live at 3. I am married single widower (widow) divorced 4. The following persons are dependent upon me : 5. My employment, trade or profession is that of carried on by me at I am a director of the following companies: 6. My present annual/monthly/weekly income, after paying income-tax, is as follows: (a) From my employment, trade or profession Rs. (b) From other sources Rs. 7. (a) I own the house in which I live ; its value is Rs. I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. (b) I pay as rent the annual sum of Rs. 8. I possess the following : (a) Banking accounts ; (b) Stocks and shares; (c) Life and endowment policies ; Give particulars. (d) House property ; (e) Other property ; (f) Other securities; 9. The following debts are due to me : (give particulars) (a) From of Rs. (b) From of Rs. (etc.) Sworn before me, etc. Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others. or If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation. Tap “lawyerspunch in your Cell to explore.

COUNTER INDEMNITY-TO BANK  This Agreement is made on………………..….day of……….. between……………………………………………………………………….……………(hereinafter called “the Customer which term shall mean and includes, unless repugnant to the context, him/them, his/their executers, successors and assigns) of the first part and the ……………………………………………………………………………………….…………(hereinafter called “the Bank” which term shall include its successors and assigns) of the Second part. Whereas The Bank through its……………………….. branch has agreed to guarantee and has guaranteed the payment of Rs..………………(Rupees……………………………………………………………………….……………………….. ) obligations/performance/engagement as per contract arrangement entered into between the customer and ………………………………………….. on behalf of the customer as per the Letter/Agreement of Guarantee/Deed of Guarantee issued by the Bank at his/their/its request in favour of…………………………………………….………………., a copy of which is annexed herewith as part of this agreement and has been signed by customer, on the customer, on the customer Indemnity agreeing to pay commission and give his/their/its Counter Indemnity against any claim, loss/liability to be incurred by the Bank in consequence of giving the said Guarantee. Now This Agreement Withnesseth as Follows:- 1. The customer hereby agrees that the Bank shall be and is entitled/authorized to pay the amount demanded by the beneficiary of the Guarantee furnished by the Bank at the request of the customer, without reference to the customer immediately and un-conditionally notwithstanding any intimation by the customer to the Bank of any disputes about any default, breach or non-performance of the guaranteed contract, in whole or in part of any other differences, whatsoever or any dispute or disputes raised by the customer in any suit or proceeding pending before any Court of arbitration or Tribunal relating to the guaranteed Contract, our liability being absolute and unequivocal. The said payment of the Bank shall be binding in all respect on the customer as validity &lawfully made on behalf on the customer. The customer agrees to reimburse and indemnifies the Bank for all the amounts so paid together with interest at the rate of ………………. and for costs and charges. The Bank shall be entitled to recover/realize the same from the customer after demand in writing and enforce all or any of the securities held by the Bank for the Guarantee furnished at the instance of the customer. 2. That the customer also indemnifies the Bank against all costs, charges and expenses with respect to any action, claim or proceeding with reference to or in connection with the said Guarantee which may be incurred by the Bank as a result of non-fulfillment of obligations by the customer.  3. That to secure payment of amount or any sum or sums due to the Bank under this Agreement of Counter Indemnity the customer has deposited cash margin of Rs……….. and/or has already pledged and handed-over as security his Fixed Deposit Receipt No………………………………………. dated……………………. duly discharged. The customer authorizes the Bank to adjust or appropriate the amount of the cash margin/fixed deposit and interest towards satisfaction of the dues or claim under this Agreement at any time on or before maturity of the said FDR. In case of renewal of FDR, the customer agrees that the said FDR shall be and remain with the Bank as security with interest as aforesaid.  OR  Has already pledged as security his GP Notes authorized the Bank to satisfy its dues herein mentioned in sale of the said GP Notes…………………………………… OR Hereby authorizes the Bank to earmarks as security the drawing power in his CC overdraft account to the extent of Rs……………….. and to utilizes and appropriate the same for satisfaction of its dues herein mentioned. 4. The Bank is authorized and entitled to appropriate at its discretion and any credit balance account to the extent of Rs……………….. and utilizes and appropriate the same for satisfaction of its due herein mentioned. The Bank is authorized and entitled to appropriate at its discretion and any credit balance/deposit in the name of the customer without notice for and towards the customer’s liability. The Bank may at its discretion debit the amount to cash credit account of the customer, if any for realizing the amount due.  5 (a) The customer has agreed to pay commission to the Bank at the rate of …………% in consideration of the Bank furnishing or agreeing to furnish Guarantee to M/s………………………………………………. The amount of commission shall be payable by the customer as follows:  (b) The customer further agrees to pay the commission as aforesaid until guarantee issued is returned with endorsement of released from liability by the beneficiary or Letter of Release to the satisfaction of Bank is obtained from beneficiary and produced to the Bank.  (c) In the event of default of payment, the Bank shall be entitled to realise the amount of commission due to it from any of the securities of the customer herein mentioned as dues recoverable by the Bank from the customer and also personally from him/them/it.  6. The Bank shall be under no obligation to return any of the securities to the customer unless the guarantee given by the Bank has been returned to it by the beneficiary thereof. 7. The Counter Guarantee will not be discharged due to the change in the constitution of the Bank or the customer.  8. The above terms and conditions and the security furnished herein shall apply to and secure the extensions renewals, if any Guarantee made by the Bank from time to time.  In Witness whereof the parties hereto have set their hands in the presence of………………………… Witness Signatures  1. 1.  2. 2.  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

GUARANTEE BY FATHER OF THE TRAINEE  Whereas My Son Mr.________________ hereinafter referred as “Trainee” was appointed “Trainee” M/s _______________________, a Company, having its Registered Office at ..........................................., hereinafter referred to as the "Principal Consultant" and I,  Mr. ...................................................,  S/o .....................................................,  R/o................................................... hereinafter refereed to as "Guarantor", held and firmly bound with by in the penal sum of Rupees __________/- (____________________________ only), to be paid to the said "Principal Consultant" the payment of which will be made by me in case of any default by “Trainee” as per the terms of the letter of appointment issued by the "Principal Consultant".  "Trainee" while undertaking and Guaranteed to work with the "Principal Consultant" for a minimum period of 24 months from the date of joining of the employment. In  the eventuality of "Trainee" leaving before to the statutory period of service of 12 months, the "Trainee" has undertaken to pay sum of Rupee _______ /- (Rs. ______________________________________ only) to the "Principal Consultant" towards liquidated damages for contravening the terms of appointment and breach of the Bond Service.  And Whereas the "Guarantor", being father of "Trainee" fully knowing the terms and conditions of the employment and the Bond of Service, and has consented to stand guarantee on behalf of the "Trainee" for due performance and fulfilment of the Bond Of Service and the terms of the appointment and to compensate and keep compensated the "Principal Consultant" against all losses /damages emerging out of the non-performance and non-fulfilment of the obligations under the said Bond of Service by the "Trainee".  Therefore This Agreement is Witnesseth as Follows:  1. That if the "Trainee", per the terms and conditions of his appointment and the Bond of Service executed favouring of the "Principal Consultant", shall continue to serve the "Principal Consultant" for the fixed statutory  period of 12 months from the date of joining the service with the Principal Consultant, and compensate and keep compensated the "Principal Consultant" against any breach of the terms of the appointment or the Bond of Service, then the above written guarantee nullity and be ineffective, otherwise the same shall be remain fully enforceable and reasoned.  2. That if the "Trainee" being guilty of breach of the terms /conditions of the appointment and the Bond of Service or leaves the Employment with the "Principal Consultant" prior serving the statutory period of 12 months, the "Guarantor" shall pay forthwith to the "Principal Consultant" the sum of Rupee _______ (Rs._________________________________________________ only) towards liquidated damages, and the "Principal Consultant" shall have right in enforcing this guarantee against the "Guarantor" without prior exercising its option to recovering the said sum from the "Trainee". 3. That this guarantee is irrevocable.  Date:  Signature  Witness  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PAYMENT OF DEBT GUARANTEE - LETTER  Dated:_____ To M/s__________________________________________ Ltd. (Creditors)  (Address) Dear Sirs,  In consideration of your supplying goods at my request to M/s ________________________________________ (Principal Debtor) for the amount of Rs.____________ I, Mr. _______________________________,  S/o Sh. _____________________________,  R/o__________________________________ (Surety) so guarantee the following to you: If the said M/s __________________________________________ (Principal Debtor) does not pay all sums of moneys as due to you on above account I hereby undertake in paying same to you, on demand with interest @ _______ % per annum till payment.  The interest as stated above will be computed only from date of serving of registered notice of demand on me.  I to consent that this guarantee, also considered as a running guarantee, is not determinable on any payment /payments, and shall not be in effective by your granting any time, any concession or by the insolvency of the Principal Debtor.  This guarantee is given without prejudice to all my rights of reimbursement as against the said Principal Debtor, as Surety for paying all sums to you and costs, charges and expenses incurred as relating therewith.  But, my guarantee is limited to pay the sum of Rs. ____________ with interest at above state rate.  Signature  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

FORM OF NOTICE OF CANCLING CONTINUING GUARANTEE  Date_____ To _______(Name of Bank – Creditors)  Dear Sirs,  I, Mr. ________________________________,  S/o Sh._______________________________,  R/o__________________________________ (Surety) hereby serve notice that from to date onwards my all liabilities per Guarantee executed by me on __________ day of ________ favouring of__________________ _____ (details of the beneficiary as well as the Principal Debtor) cease and terminate. I also declare that I discontinue and cancelled the said Guarantee, wherein I had guaranteed you in paying of all sums of moneys due to you on account of goods supplied to the Principal Debtor.  Please take notice that after the date of this notice, any /all liabilities, which I have incurred under the said Guarantee covering all transactions between you and the Principal Debtor, cease to exist..  Signature  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)