Drafting, Pleadng and C

IN THE
ABOVE SUIT OF Conveyancing
(B) DRAFT
PANDE
ANOTICE
OF
MOTION

JUDICATURE AT BOMBAY
OF
RAKESH
THE HIGH COURT JURISDICTION
IN ORIGINAL CIVIL
ORDINARY DIVISION
COMMERCIAL
IN ITS OF 20XX
MOTION NO.
NOTICEOF
IN
COMMERCIAL SUIT NO. OF 20XX

1
Pande
Rakesh S/o Chandra
Aged about 50years
Machine":,
Proprietor of "M/s.The
at
having his office/residence
A-XX, West Park, CHS Ltd.,
Juhu, Mumbai 400049.
...APPLICANT
BETWEEN
IN THE MATTER

Rakesh S/o Chandra Pande

Aged about 50 years

Proprietor of "M/s. The Machine",
having his office/residence at
A-XX, West Park, CHS Ltd.,
Juhu, Mumbai 400049.
...PLAINTIFF

...VERSUS...

M/s. Nag Constructions Company

Ltd.,ACompany incorporated under
the Companies Act, 1956 Having its
Registered Office at Survey No. XX,
Hyderabad - 500081,
through its Managing Director Director
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7

And Regional Office at

B-XX, Atlantic Classic,
Andheri (East), Mumbai 400093.
through its Director
...DEFENDANT
TAKE NOTICE THAT, this Hon'ble Court uwill be
moved before Lordship Hon'ble Shri
Presiding over Court Room
or so soon thereafer asNo.
at 11.00 OClock in the on
forenoon
behalf of the Plaintiff, above named for Counsel can be heard by Counsel On
the follovwing reliefs:
(a) Pending adjudication and final dispOsal of
furnish Bank Guarantee of a Nationalised Bank the present Suit, direct the defendant to
or
Claimed in the present suit or for such sum asmay besuch other security for the amount
specified by the
so as tosatisfy the decree toHonourable
tothe satisfaction of the Court,
present matter;
Honourable Court be passed in the
(b) Order for the
attachment of the
Schedule-E annexed with plaint or asproperties of the defendant as mentioned in the
may be deemed fit and proper by the
Court, for the satisfaction of the decree to be Honourable
decision of the present suit; passed in the present matter, penang
(c) Pending adjudication and final
officials and all other personsdisposal of the present Suit, restrain the
claiming through or under the defendant, defendant, it's
transferring, alienating, selling, leasing its assets and properties of the defendantOm
Company, pending recovery of the amount of the claims of the
in the present matter; plaintiff, as prayed tor
(d) Direct the Defendant to deposit the
amount claimed in the present suit or such other
amount as may be deemed fit and proper by the
and circumstances of the case and in Honourable Court, in the peculiar facts
the interest of justice;
(e) Grant interim and ad interim reliefs in
terms of prayer (a) to (d) above;
() Cost of this Notice of Motion be
provided for;
(g) And be further pleased to pass such other
order and grant
Hon'ble Court may deem fit and proper in the facts and such other relief as this
case and in the interest of justice; circumstances of the present
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE
BOUND SHALL PRAY FOREVER. APPLICANT AS IN DUTY
Dated this 25th day of July, 20XX
This Notice of Motion has been taken out by
M/s. ABCAssociates
Advocate for the Plaintiff having his
8
Drafting, Pleading and
Address at XX,8th Floor,Wing-F,
Pittal Court, Nariman Point,
Conveyancing -M
Mumbai - 400021.
Advocates for the Plaintiff

To,
M/s. Nag Constructions Company
N.B.: Affidavit of Rakesh Slo Chandra Pande Proprietor of "M/s. The
having his office/residence at A-XX, West Park, CHS Ltd., Juhu, Mumbai -
400049 the Maachine
above named, dated 25th July, 2018 will be used in support of this Notice of Motion.
Plainift
(C) DRAFT AFFIDAVIT IN SUPPORT OF NOTICEOF MOTION

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITSCOMMERCIAL DIVISION
NOTICE OF MOTION NO. OF 2018
IN
COMMERCIAL SUIT N0. /2018
Rakesh S/o Chandra Pande
Applicant

IN THE MATTER BETWEEN

Rakesh S/oChandra Pande .. Plaintiff
...VERSUS..
M/s. Nag Constructions Company Ltd. ... Defendant
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
Rakesh S/o Chandra Pande, Aged about 50 years,
The Machine", having his office/residence at A-XX, Occupation: Business, Proprietor of "Ms.
West Park, CHS Ltd., Juhu, Mumbai
400049, do hereby takes an oath and stated on solemn affirmation as under:
1. Iam the Plaintiff in the present suit. I have filed the
present Suit before this Hon'ble
Court, seeking various reliefs such as for directing the Defendant to pay a sum of
?143,38,14,390 only towards balance amount payable for the services rendered by me
in the name of my proprietary firm, as well as Interest on delayed
payment, and the
 Module -1

damages towards loss of opportunity, loss of reputation and costs suffered by me due to
uG egal acts of the defendant asner the Particulars of Claim as mention in
arecing the Defendant topay fture interest D18% per annum over the sata Exhibit-,o
?143,38,14,390 or whatever amount to which amoun
Iam found to be entitled to get, from the
date or Suit till the realisation of the entire amount, calling upon the
defendant
furnish Security to the satisfaction of the Honourable Court and/or attach the to
properties
of the defendant to secure my
interest, the defendant, it's officials and all
other persons claiming through or underrestraining
the defendant from transferring,
Selling, leasing its assets andproperties, pending recovery of the amount of alienating,
my clams
along with others.
2. Isay that I have elaborated the circumstances in which I am
compelled to nie e
present Suit before the Honourable Court and as to how Iam entitled for the reliets as
prayed for in the present suit. To avoid repetition of pleadings, I crave leave oT the
Honourable Court to read and refer to the averment made in the plaint, as if the Same
are part and parcel of the present Affidavit in support of Notice of Motion.
3. ADD FACTS

. 1Say that, I have an excellent prima facie case on merits. Considering the nature of the
dispute involved in the matter. the balance of convenjence also lies in my favour. 1Say
that considering the peculiar facts of the present case and the apprehensions expressed
by me, coupled with the conduct of the Defendant, there is absolutely no legal
mpediment in grant of reliefs as prayed for in the present Notice of Motion. I say that I
willbe put to suffer losses, if the reliefs in terms of the prayers, are not granted. On the
other hand, thedefendant, whose conduct to delay dallying in making payment of the
money to which I am entitled to, is absolutely clear. Therefore it is necessary to grant
ad-interim reliefs as prayed for on such terms as this Hon'ble Court may deem fit and
proper and thereafter making absolute the Notice of Motion taken out by me with costs.
Advocate for Plaintiff Plaintiff

VERIFICATION
1, Rakesh S/o Chandra Pande, Aged about 50 years, Occupation: Business, Proprietor of
Juhu,
"M/s. The Machine", having his office/residence at A-XX, West Park, CHS Ltd.,
Mumbai - 400049, the Applicant abovenamed solemnly declare that what is stated in paragraph
remaining
Nos. 1to is true to my own knowledge, and that what is stated in the
paragraph Nos. to is stated on information and belief, and Ibelieve the
same tobe true.
Solemnly Declared at Mumbai,
This day of July, 20XX )
DEPONENT

ldentified by me
Advocate for Plaintiff