Affidavit in a Recovery Suit (India) by OLL
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Recovery Suit, Recovery Suit Application Affidavit
In the Court of Hon’ble _____________-.
Civil suit No.____of _____Year
M/____________________________
Address_______________________ ,
…Plaintiff
Versus
M/s ______________________
This is a preview. The full template is free on GitLaw.
This template is a formal legal petition used in India to initiate a civil suit for the recovery of unpaid debts or outstanding balances. It includes sections for detailing the business relationship, invoices issued, payment defaults, and the calculation of interest, along with the necessary court verification and prayer for a decree.
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About this template
What is this template?
This is a formal legal pleading and supporting affidavit used to initiate a civil lawsuit in India for the collection of money. It contains specific sections for the verification of facts and the assessment of court fees based on the claim value. It is not a demand letter or a summary judgment application.
When should you use it?
Use this when a defendant has ignored a legal notice and failed to pay an outstanding balance despite repeated oral and written requests. Use a Legal Notice for Money Recovery instead if you have not yet initiated formal court proceedings.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Authorization and Capacity | States that the individual instituting the suit is authorized via a Resolution dated on a specific day to engage counsel and sign documents. |
| 4 | Statement of Indebtedness | Declares a specific balance amount in Rupees is outstanding as of a certain date after accounting for the last payment received. |
| 5 | Breach of Payment Terms | Alleges the defendant failed to pay a specified percentage upon delivery of goods as required by the underlying agreement. |
| 10 | Criminal Allegation | Claims the defendant committed an offence under a specific section of the IPC by fraudulently inducing the delivery of property. |
| 11 | Interest Claim | Claims entitlement to interest at a specified percentage per annum based on prevailing market and banking rates. |
| 15 and 16 | Jurisdiction and Court Fee | Asserts the court's territorial jurisdiction and confirms payment of an Advolrum Court fee Stamp of a specific value. |
Who it's for
- an Indian company seeking to recover unpaid job work fees from a commercial defendant
- a plaintiff instituting a civil suit under the Indian Penal Code for fraudulent inducement
- legal practitioners drafting a formal recovery plaint for an outstanding balance of Rupees
How long it runs and how it's signed
Law it's drafted under
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