Professional Documents
Culture Documents
SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
I.A. No. 1297 of 2018
IN
O.S. No. 1807 OF 2016
BETWEEN:
B. Prabhakar …PETITIONER/PLAINTIFF
A N D
AFFIDAVIT
1. I am the petitioner herein and the plaintiff in the above suit and as such
I well acquainted with the facts of the case. I crave leave of this Hon’ble court to
read the plaint and the documents as part of this affidavit.
DEPONENT Contd….2
::2::
3. I submit that after passing of one year time, I demanded the respondent
Nos.1&2/defendant Nos.1&2 to repay the hand loan amount but the
respondent Nos.1&2/defendant Nos.1&2 expressed their inability to pay the
same as they promised earlier and requested some more time and the
respondent Nos.1&2/defendant Nos.1&2 have voluntarily agreed to pay the
interest @ 24% per annum from the date of loan till realization. Thereafter I
demanded the respondent Nos.1&2/defendant Nos.1&2 several occasions for
repayment of the hand loan but the respondent Nos.1&2/defendant Nos.1&2
dodged the issue of repayment of hand loan on one pretext or other and gained
maximum time. Finally I demanded the respondent Nos.1&2/defendant
Nos.1&2 to repay the hand loan amount along with interest.
DEPONENT Contd…3
::3::
28-06-2016 and the same was received by my bank and on notice of return of
cheque I approached respondent Nos. 1&2/defendant Nos.1&2 on phone and
after respondent Nos. 1&2/defendant Nos.1&2promised me that again present
the above said cheque br. No.186832, dt:24-06-2016 for an amount of Rs.
5,00,000/-(Rupees Five Lakhs only) and also presented another cheque br. No.
186844, dt: 24-062016 for an amount Rs.5,00,000/- (Rupees Five Lakhs only)
in my bank for collection again to utter shock and surprise of mine that the
said cheque was returned by you respondent Nos. 1&2/defendant Nos.1&2
bank with an endorsement “Drawers signature to operate account not received’
vide cheque return memo dt: 05-07-2016. On notice of return of cheque, I
approached respondent Nos. 1&2/defendant Nos.1&2 promised on phone and
after respondent Nos. 1&2/defendant Nos.1&2 promised me that again present
the above said cheque further and I obliged the request and presented the
above first cheque br. No. 186832, dt: 24-06-2016 for an amount of Rs.
5,00,000/- (Rupees Five Lakhs only) and another cheque br. No. 186844, dt:
24-06-2016. For an amount of Rs.5,00,000/-(Rupees Five Lakhs only) in his
bank for collection again to utter shock and surprise to me, the cheque was
returned by respondent/defendant bank with an endorsement “wrongly
delivered/Not drawn on” vide cheque return memo dt:12-07-2016.Thereafter I
approached respondent Nos. 1&2/defendant Nos.1&2 and respondent Nos.
1&2/defendant Nos.1&2 assured finally that the said cheques will honoured
after two days and I obliged your request and presented the above said two
cheques i.e., 1) cheque br. No.186832, dt: 24-06-2016 , 2) cheque br. No.
186844, dt: 24-06-2016 for an amount of Rs. 5,00,000/- (Rupees Five Lakhs
Only) each in his bank for collection again to utter shock and surprise of me
that the said cheques were returned by respondent/defendant bank with an
endorsement “INSUFFICIENT FUNDS” vide cheques return memo dt:16-07-
2016 and the same was received by me from their bank.
DEPONENT Contd…4
::4::
several times tried to contact the respondents/defendants but it went into vain.
I vexed with the attitude of the respondents/defendants.
7. I further submit that in spite of the several attempts made by me, the
respondents/defendants have not taken any steps to repay the cheque
amount. The respondents/defendants took the undue advantage of my
innocence and cheated me. The respondents/defendants postponed the
payment by saying one or the other reasons and not taken any steps and was
not serious about discharging their legal liability.
8. I further submit that I finally issued a legal demand notice dt. 05-08-
2016 to the respondents/defendants through Regd. Post along with
acknowledgment card and the same was received by the
respondents/defendants on 05-08-2016 and after receiving the legal notice the
respondents/defendants neither paid the dis-honoured cheque amount nor
compiled the terms of the legal notice. The respondents/defendants with an
ulterior motive had avoided the bonafide payments to me.
9. The plaintiff further submits that the plaintiff had filed a criminal case
against the defendant under section 138 & 142 of NI Act before the ADDL.
Judicial First Class Magistrate, AT: Sangareddy. vide S.R. No. 665 of 2016 and
the same is pending.
10. I further submit that I came to know through my well wishers and
friends in Jawahar Colony, Chandanagar Village where the
respondents/defendants are residing and the respondents/defendants are
permanently shifting to their native place and by selling away the properties
which belongs to the respondents/defendants with the intention to defeat the
my interest in recovery of money and it will be very difficult for me to secure
their presence during the course of trail and recovery the money with
attachment of the property before judgment.
DEPONENT Contd…5
::5::
I3. I further submitted that the Hon’ble Court was pleased to issue show
cause notices to the Respondents 1&2 /defendants 1&2 in IA No: 197/16 in
OS. 187/16 and thereafter conditional order within three days to furnish the
security deposit. So thereafter with malafide intention to defeat the interest of
the Plaintiff/Petitioner had sold the schedule properties to the third parties as
Respondents 1&2 /defendants 1& 2 filed in their counter affidavit stating that
in para No.16 of the Counter affidavit. Respondents 1&2 /defendants 1& 2
denied the facts we are making hectic efforts to alienate the schedule properties
mentioned below.
All that agricultural dry land bearing Survey. No. 190/A, admeasuring
area Ac.0-32Gts., or 0-32 Hectares, situated at PATI Village, Patancheru
Mandal, under Gram Panchayat Pati, Medak District, A.P., MPP Patancheru.
Z.P.P Medak at Sangareddy, Registration Sub-District Sangareddy, Registration
District Medak at Sangareddy and bounded by:
All that the Flat No.G-2, (in Ground Floor), with built up area of 680
Sq.feet, along with an undivided share of land admeasuring 25.00 Sq. Yards
(Out of 306.77 Sq. Yards) on Plot No.302, in Category MIG in Phase-II of the
Ramachandrapuram Ring Town, in Survey Nos.366 and 367 of “CHIRU
RESIDENCY” situated at CHANDANAGAR VILLAGE, Serilingampally Mandal
and Municipality, Ranga Reddy District and bounded by:
BOUNDARIES FOR LAND
North : Passage
East : Parking
ADVOCATE/L.B. Nagar