APPLICATION ON BEHALF OF THE DEFENDANT UNDER

ORDER 7 RULE 11 R/W SECTION 151 CIVIL PROCEDURE

CODE, 1908 COURT SEEKING REJECTION OF THE
PLAINT ON THE GROUND THAT THE PLAINT DO NOT
DISCLOSE ANY CAUSE OF ACTION AND FURTHER THIS
HON’BLE COURT LACKS THE TERRITORIAL
JURISDICTION TO ENTERTAIN THE PRESENT SUIT
ALONGWITH AFFIDAVIT IN SUPPORT.

IN THE COURT OF CIVIL JUDGE____

Civil Suit No. __________of _____

IN THE MATTER OF:

M/s________________________. ….Plaintiff
Versus

______________ Bank Ltd. & Anr. …Defendant

INDEX

SL. No. PARTICULARS PAGE

NO.
1. APPLICATION UNDER ORDER 7 RULE 11 R/W
SECTION 151 CPC WITH AFFIDAVIT IN
SUPPORT
2. ANNEXURE(‘AB’) BOARD RESOLUTION DT
_____
3 ANNEXURE ‘A’ COPY OF DISBURSEMENT
LETTER DATED
________
4 ANNEXURE ‘B’ COPY OF LOAN
AGREEMENTDATED __________

Applicant/Defendant
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
 IN THE COURT OF CIVIL JUDGE____

Civil Suit No. __________of _____

IN THE MATTER OF:

M/s________________________. ….Plaintiff

Versus

______________ Bank Ltd. & Anr. …Defendant

APPLICATION ON BEHALF OF THE DEFENDANT

NO.____UNDER ORDER 7 RULE 11 R/W SECTION 151 CIVIL

PROCEDURE CODE, 1908 FOR REJECTION OF PLAINT.

MOST RESPECTFULLY SHOWETH:

1. That the present matter is pending adjudication before this

Hon’ble Court and the same is fixed for today i.e.___________.

The present application is being filed through the Authorized

Representative of the Bank who’s authority is also being filed and

annexed as Annexure AB.

2. That the present application is being filed for rejection of plaint in

terms of law which would be clear from the averments as made

herein below.

3. That the present suit is bad for non joinder of parties in as much as

the Borrower are __________ and _________ apart from the

plaintiff company who have not been made a party to the suit and

hence the suit deserves to be dismissed at the outset

4. That it is respectfully submitted that the present suit is not

maintainable being bared under Order 7 Rule 11 CPC. It would be

relevant to mention herein that no cause of action what so ever has

 arisen which is maintainable against Defendant No. __ as the loan

was duly disbursed as per the disbursement request of the plaintiff

herein. That a copy of the said disbursement letter dated

___________ is annexed as ANNEXURE A.

5. That further in light of the disbursement letter dated __________

it is most respectfully submitted that the present suit is miserably

hit by law of estoppel and is not maintainable as the plaintiff

herein is laying and after taking the loan vide Loan Agreement

No.________ dated _________ and paying EMI for almost one

year, the plaintiff herein has all of a sudden come before this

Hon’ble Court with a malafide intention seeking a prayer which is

not permissible in the eyes of law..

6. That the suit is not maintainable in the sense that the Plaintiff after

having paid part EMIs as per his own admission is now seeking a

relief which is not permissible in the eyes of law. The loan was

disbursed on its request only and for the Plaintiff now to say that

the Defendant has played fraud is not only wrong but also

vehemently denied. The contradiction of the Plaintiff is writ large

form the averments as made by it in para____ of the plaint in

which the plaintiff has itself admitted about his willingness to pay

the bank the loan amount as disbursed which shows that the

plaintiff has filed the present suit on wrong notion all together and

only to mislead this Hon’ble Court. That further the suit deserves

to be dismissed as Order 12 Rule 6 CPC alsocomes into play

which is obvious from a bare perusal of para ____ of the plaint.

7. That the present suit is further not maintainable as the plaintiff

herein is stating everything on oath and is playing fraud while the

fact remains that fraud is being practiced by the plaintiff herein by

now questioning the step of disbursement of loan and hence the

plaintiff is liable to perjury too. Fact remains that the disbursement

has been made on its request and now more than one year after the

same and having paid certain EMIs, the Plaintiff is barred by law

of estoppels to challenge the same.

8. That the Plaintiff suit further not maintainable in the light of the

fact the as per clause ____ of the Loan Agreement dated

__________ dispute if any arising between the parties has to be

referred to arbitration. That the said clause is reproduced for the

kind perusal of this Ld Court as follows:

“in the event that the claim or dispute does not fall within

the jurisdiction of the Debs Recovery of Tribunal established

under the Recovery of Debts Due to Banks and Financial

Institutions Act, 1993, for the purposes of arbitration

mentioned in clause ____ and subject to the provisions of

clause ____ above, the Courts aforesaid where the venue of

arbitration is decided, or if law does not permit the same. The

courts of the city in which the concerned servicing branch of

the Bank is situated, shall have exclusive jurisdiction in

respect of any suit, petition, reference or other filing

permitted or required to be made pursuant to the Arbitration

and Conciliation Act, 1996 in respect of the matters arising

out of this arising out of this Agreement including, without

 limitation, a petition for appointment of an arbitrator or

arbitrators under section 11 of the Arbitration And

Conciliation Act, 1996.”

A copy of the loan agreement is annexed as ANNEXURE B. That

the present fact of arbitration clause has been CONCEALED by the

plaintiff herein just in order to misguide this Hon’ble Court and

hence the present suit deserves to be dismissed on the sole ground

that this Hon’ble Court lacks the jurisdiction to try the present

matter.

9. Moreover, a perusal of the plaint and the document and the

document being letter dated _______ itself shows that the suit is

not maintainable and deserves to be dismissed and is also barred

by Order 2 Rule 2 CPC. The Plaintiff by way one suit wants a stay

on the cancellation of allotment by the Builder and on the other

hand it is seeking a relief by way of the present suit where it does

not want to pay the pre-EMI interest on the loan amount which has

been disbursed on its request only.

10. That the present suit is just a tactic on part of the plaintiff to harass

the answering defendant and make money which cannot be

allowed.

11. That the present suit of the Plaintiff deserves to be dismissed as

this Hon’ble Court further in terms of clause ______ lacks the

territorial jurisdiction to entertain the present suit. The clause is

being reproduced herein below:

“JURISDICTION
 In the event that the claim or dispute do9es not fall within the

jurisdiction of the Debts Recovery Tribunal established under

the Recovery of Debts Due To Banks and Financial Institutions

Act, 1993 for the purposes of arbitration mentioned in Cause

____ and subject to the provisions of Clause ____ above, the

Courts aforesaid where the venue of arbitration is decided, or

if law does not permit the same, the Courts of the city in which

the concerned servicing branch of the Bank is situated, shall

have exclusive jurisdiction in respect of any suitpetition,

reference or other filing permitted or required to be made

pursuant to the Arbitration and Conciliation Act 1996 in

respect of the matters arising out of this Agreement including,

within limitation, a petition for appointment of an arbitrator or

arbitrators under section 11 of the Arbitration and

Conciliation Act,1996”

A bare perusal of the aforesaid clause categorically speaks that

this Hon’ble Court does not have the territorial jurisdiction to

entertain the present suit.

12. It would be pertinent to mention herein that the plaintiff has filed

the present suit which is without any cause of action. at all and a

bare perusal of the plaint would reveal the whole truth. First the

Plaintiff applied for loan and loan was sanctioned, thereafter as

per his own request the loan was disbursed. The Plaintiff

thereafter for almost a year pays the EMIs and by way of its own

letter dated ________ admits this factum of disbursement of loan

amount. Strangely now the plaintiff has filed the present suit with
 a strange prayer though not permitted in the eyes of law to

prevent the bank from presenting the ECS forms.

13. That the present applicant is moved bonafide and in the interest

of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may

kindly:-

a. Reject the plaint as filed by the plaintiff in view of the

submissions made herein above; and /or

b. Pass any order or orders as this Hon’ble may deem fit

and proper in the facts and circumstances of the case

and in the interest of justice.

Applicant/Defendant

Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
 IN THE COURT OF DIRECT JUDGE____
Civil Suit No. ______of _____
IN THE MATTER OF:
M/s________________________. ….Plaintiff
Versus
______________ Bank Ltd. & Anr. …Defendant
AFFIDAVIT

I, ____________, S/o Sh. ______________, aged about ____yrs is

working as Vice President-Legal, with the complainant company, having

its office at ___________________ do hereby solemnly affirm and

declare as under:-

1. That the deponent is the Authorized Representative of the

Defendant No.___ Bank in the above mentioned case and such is

competent to swear this affidavit

2. That the accompanying application under order 7 Rule11of the

CPC has been drafted by my counsel under my instruction .The

Contents of the same have been read by me and 1 have understood

the same. The contents of the same are true and correct to the best

of my knowledge as derived from the records of the Defendant

Bank the contents of the same may be read as part and parcel of

this affidavit as the same are not being repeated for the sake of

brevity.

DEPONENT

VERIFICATION:

Verified at _______________ on this day of _______________,

that the contents of the above affidavit are true and correct to my

knowledge and belief; no part of it is false and nothing material has

been concealed there from.

DEPONENT