1) Rajesh and Amit are known to each other since childhood,

studied in same School i.e. St. Joseph High School, stayed in the
same building at Vile Parle West and have grown up together.
Rajesh’s family and Amit’s family are also known to each other
and have interacted in functions/ceremonies etc. Rajesh knows
that Amit is carrying on the textile business and Amit knows that
the Rajesh is carrying on business of export. Rajesh is carrying on
export business in firm name “Pankaj & Co.” and earns his bread
and butter from the said business. Thus, Rajesh and Amit are
thick friends.

2) In or around 03rd week of January 2022, Amit requested

Rajesh for financial accommodation of Rs. 30,00,000=00 (Rupees
Thirty Lacs Only) for his business purpose against security of
Three (3) postdated cheques all drawn on YES Bank, Andheri
Branch, Mumbai in favour of the Rajesh for Rs. 10,00,000/-
(Rupees Ten Lacs Only) each payable on 01st November 2022.
Rajesh, who had Rs. 30,00,000=00 (Rupees Thirty Lacs Only)
available, acceded to Amit’s request and made payment of Rs.
30,00,000=00 (Rupees Thirty Lacs Only) by cheque No. 123456
dated 29th January 2022. The said cheque No. 123456 was
encashed by the Amit.

3) Thereafter, Amit expressed his financial difficulty, requested

Rajesh not to deposit the aforesaid cheques and agreed to repay
the entire amount within a short time. Rajesh, taking into
consideration the friendship shared, acceded to Amit’s request
and did not deposit the cheques. Subsequently, Amit deliberately
at several time, ignored Rajesh’s text messages, avoided his phone
calls and even blocked his phone number. On having witnessed
this conduct of Amit, Rajesh developed a suspicion about Amit
and on 02nd January 2023 presented all three cheques for
encashment, but all three-cheque dishonoured with remark
“Funds Insufficient” as mentioned in the Return Memo.

4) The Rajesh states that the dishonourment of the above three

cheques was informed to Amit. Upon which, Amit again expressed
financial difficulty and agreed and assured to issue fresh cheques
after some time. However, even on repeated reminders, Amit failed
to meet with his assurances. Therefore, Rajesh through his
Advocate’s Statutory Notice dated 05th May 2023 called upon the
Amit, to pay to Rajesh direct or to his Advocate on his behalf, the
said sum of Rs. 30,00,000=00 (Rupees Thirty Lacs Only) together
with interest @ 15% p.a.. However, Amit in spite of receipt of
statutory notice dated 05th May 2023 on 25th May 2023 has
neither sent any reply not complied with the requisitions
mentioned therein by making full payment or any part thereof.

5) On 05th January 2024, Rajesh has approached you to

institute civil case against Amit for recovery of his amount of Rs.
Rs. 30,00,000=00 (Rupees Thirty Lacs Only) together with interest
@ 15% p.a.

6) Kindly draft the relevant proceedings before concerned

court.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. ___________ OF 2023

Name ________________________ )
S/o. ____________________________________ )
An Adult, Senior Citizen, Age about ____ Years,)
Occ. ____, Indian Inhabitant of Mumbai, )
Residing At ____________________________ )
Aadhar No. ___________________ )
Mob. No.: +91 – ___________ )
Email Id.: ____________________________ ) … PLAINTIFF
VERSUS
Name ________________________ )
S/o. ____________________________________ )
An Adult, Senior Citizen, Age about ____ Years,)
Occ. ____, Indian Inhabitant of Mumbai, )
Residing At ____________________________ )
Aadhar No. ___________________ )
Mob. No.: +91 – ___________ )
Email Id.: ____________________________ )… DEFENDANTS
TO,
THE HON’BLE CHIEF JUSTICE AND OTHER
PUISNE JUDGES OF THIS HON’BLE COURT
THE HUMBLE SUIT FOR ___________ AS
UNDER SECTION ____ OF _______ AND
UNDER ORDER ____ RULE ___ OF THE
CODE CIVIL PROCEDURE 1908 OF THE
PLAINTIFF ABOVENAMED
MOST RESPECTFULLY SHEWETH
 The Plaintiff above named does hereby state and submits as
under:

1) INTRODUCTION OF PARTIES: ________________ The

Plaintiff and Defendants are Adults, Indian Inhabitants, residing
at the address mentioned in the cause title.

2) The brief FACTS of the case are as under:-

a) …….
b) ….
3) LOCUS-STANDI,

4) CAUSE OF ACTION

5) LAW OF LIMITATION

6) JURISDICTION,

7) VALUATION & COURT FEES

8) The Plaintiffs states that they craves leave of this Hon'ble

Court to amend, alter, delete, add and modify the statement/s as
mentioned herein above and further to file a separate Compilation
of Documents as and when required.

9) NO OTHER LEGAL PROCEEDING IS FILLED OR

PENDING: The Plaintiff states that, save and except the present
Suit, they have not filed any other Application/Petition/Plaint or
any other legal proceeding in relation to the present subject matter
of the partition and separation in the present Suit before this
Hon’ble Court or any other Court/Tribunal within India.
10) In view of the above facts and circumstances, the Plaintiff
respectfully Prays :-

a) That this Hon'ble Court be pleased to allow the present Suit.

b)
c)
d)
e)
f) Cost of the Suit, and

g) That this Hon'ble Court may be pleased to pass such others

as this Hon'ble Court may deem fit and proper in interest of
justice.
FOR THIS ACT OF KINDNESS, THE PLAINTIFF SHALL BE
DUTY BOUND.
Dated this _____ March, 2023.
Place – Mumbai.

Advocate of Plaintiff Plaintiff

VERIFICATION
I, ________________ S/o. ________________, the abovenamed
Plaintiff, Age ______years, residing at _________________, do hereby
on solemnly declare that what is stated in the above Plaint is
verified by me and same is true and correct as per record and as
per my knowledge.
Solemnly declared at Mumbai )
Dated this _____day of March, 2023. )
____________________________________
(Plaintiff / Deponent)

Identified by me, BEFORE ME:

Advocate for Plaintiff