Here we will discuss about the modal draft of a civil suit for permanent injunction against a finance company (Or stay against finance vehicle | suit for permanent injunction against a finance company) who financed a vehicle and the person who took the vehicle failed to deposit the finance amount on time to the finance company and due to which the company snatched or took the illegal possession of the vehicle. In that case we can file a civil suit for restraining the finance company from snatching the vehicle in question.
In the court of
Civil Judge, Senior Division, ___________
Ravindar Kumar …….Plaintiff
VERSUS
M/s Shri Ram Transport Finance Co. Ltd
Branch Office at _________, 2nd
Floor, _____
through its Manager/Authorized Representative ……Defendant
Suit for Permanent Injunction
R/Sir,
The plaintiff most humbly submits as under :-
1- That the plaintiff is
registered owner in actual and physical possession of vehicle TATA Dumpher
bearing its Registration No. HR-_____________. The said vehicle was purchased
by the plaintiff from XYZ son of Sh. ABC, R/o ________and the above said
Dumpher has been transferred in the name of the plaintiff. The photocopy of the
R.C. is enclosed herewith the plaint.
2- That the
above-mentioned vehicle was financed with the defendant company and as per the
settlement between the plaintiff and the defendant it was decided that the
plaintiff will pay the 37 equal monthly installment of Rs. 20,880/- per month
to the defendant. The previous owner had received the full and final sale
consideration of the above said vehicle from the defendant.
3- That the plaintiff
has paid the following installments to the defendant company :-
|
S.No. |
Date |
Amount |
Mode of payment |
|
1- |
11-10-2008 |
Rs. 20,900/- |
Cash |
|
2- |
08-11-2008 |
Rs.20,900/- |
Cash |
|
3- |
08-12-2008 |
Rs.20,900 |
Cash |
|
4- |
07-01-2009 |
Rs.20,900 |
Cash |
|
5- |
10-02-2009 |
Rs.20,900 |
Cash |
|
6- |
07-03-2009 |
Rs.20,900 |
Cash |
|
7- |
07-04-2009 |
Rs.20,900 |
Cash |
|
8- |
08-06-2009 |
Rs.20,900 |
Cash |
|
9- |
22-07-2009 |
Rs.20,900 |
Cash |
|
10- |
08-09-2009 |
Rs.21000/- |
Cash |
|
11- |
08-10-2009 |
Rs.21000/- |
Cash |
|
12- |
09-11-2009 |
Rs.21000/- |
Cash |
|
13- |
26-12-2009 |
Rs.22000/- |
Cash |
|
14- |
23-01-2010 |
Rs. 21,500/- |
Cash |
|
15- |
25-02-2010 |
Rs. 21,500/- |
Cash |
|
16- |
11-03-2010 |
Rs. 22,000/- |
Cash |
|
17 |
08-05-2010 |
Rs. 21,000/- |
Cash |
|
18- |
08-06-2010 |
Rs. 24,000/- |
Cash |
|
19 |
|
Rs.21,500/- |
Cash |
|
|
TOTAL |
Rs. 4,04,600/- |
|
|
|
|
|
|
4- That in this way the
plaintiff has been regularly and continuously paying back the loan amount to
the defendant company by way of EMIs and till date a total amount of Rs.
4,04,600/- (Rupees Four Lacs four thousand & six hundred) has been paid to
the defendant company.
5- That due to the
complete stopping of the mining work the plaintiff has no work and due to this
reason the plaintiff could not deposit 1/2
installments with the defendant company. However, the same i.e. due
installments have again been refinanced by the defendant company and that has
been added in the balance monthly installments which are to be paid by the
plaintiff in the future and as such practically there is nothing outstanding
towards the plaintiff from the defendant
6- That on 12-03-2010
the defendant had sent his hired goons to illegally take the possession of the
vehicle of the plaintiff and they also snatched Rs. 10,000/- from the driver of
the plaintiff at _____ and the plaintiff filed an application against the
defendant before the SHO concerned.
7- That even though even
after 12-03-2010 the defendant company has been regularly accepting and
receiving the payment from the plaintiff but yet again on dated 07-06-2010 the
defendant company yet again had sent its private and hired goons to once again
take the forceful and illegal possession of the plaintiff’s vehicle near
village ________.
8- That the plaintiff on
dated 08-06-2010 paid an amount of Rs. 24,000/- to the defendant company which
has been duly received by the defendant company vide its receipt dated
08-06-2010 for Rs. 24000/- and at the same time the plaintiff requested the
official concerned as to why they are trying to illegally possess /pick up the
vehicle of the plaintiff upon which the concerned officials did not answer
satisfactorily and just shrugged off and said that probably the orders are from
the higher ups. However, he did not give any explanation.
9- That the plaintiff
has no other independent source of income and the plaintiff is ready to pay the
actual amount of finance with simple interest to the defendant as he has been
paying it regularly but the defendant is
adamant to pick up the plaintiff’s vehicle without there being any reason or
cause illegally and forcefully for which they have no right and title to do so.
10- That now the
defendant along with some musclemen is bent upon to snatch the vehicle from the
custody and possession of the plaintiff forcibly and illegally.
11- That in case the
defendant is succeeded in snatching the vehicle of the plaintiff in that event
the plaintiff is going to suffer an irreparable loss and injuries which cannot
be compensated in any manner whatsoever.
12- That the cause of
action to file the present suit firstly accrued on 12-03-2010 when the
defendant’s private and hired goons tried to snatch the vehicle of the
plaintiff and also snatched the amount of Rs. 10000/- from his driver. The
cause of action finally arose on 07-06-2010 when the defendant company yet again had sent its
private and hired goons to once again take the forceful and illegal possession
of the plaintiff’s vehicle. Hence this suit.
13- That the present suit
being filed by the plaintiff against the defendant is the first suit and no
such suit has been previously filed, pending or decided by any court of law on
the same subject matter.
14- That plaintiff is
residing at ______and the defendant company is situated at _______ and the and
entire cause of action also accrued between the parties within the territorial
jurisdiction of this Hon’ble court, therefore, this hon’ble court has got the
jurisdiction to entertain and try the present suit.
15- That the value of the
suit for the purposes of court fee and jurisdiction is assessed at Rs. 200/-
upon which a fixed court fees has been affixed on the plaint.
PRAYER:
It
is, therefore, prayed that this Hon’ble court may graciously be pleased to:
i) Pass a decree for
permanent injunction restraining the defendant from forcibly snatching the TATA
Dumpher bearing its Registration No. HR-_________from the possession and
custody of the plaintiff forcibly and illegally and also restraining them from
selling the same to any other person forcibly and illegally except in due
course of law.
ii) The costs of the suit
may kindly be awarded in favour of the plaintiff and against the defendant.
iii) Any other Relief which
this Hon’ble court deems fit and proper may also kindly be granted in favour
the plaintiffs and against the defendant.
PLAINTIFF
RavindarKumar
THROUGH
COUNSEL
VERIFICATION:Verified that the contents of paras No.1 to 12 of the plaint are true and correct to best of my knowledge and Paras No. 13 to 15 of the plaint are true to best of my knowledge and belief. The last Para is the prayer before this hon’ble court. Verified at PLAINTIFF
In the court of Civil Judge, Senior Division, _____________
Ravindar Kuma VERSUS M/s Shri Ram Trasport Finance Co. Ltd
Suit for Permanent Injunction
Application Under Order 39 Rule 1 & 2 read with Section 151 CPC
RESPECTFULLY SHOWETH
1- That the
applicant/plaintiff has filed the above noted suit today before this Hon’ble
court the contents of which be read as part and parcel of this application as
the same are not being reproduced here for the sake of brevity and avoidance of
repetition.
2- That now the
respondent /defendant along with some musclemen is bent upon to snatch the
vehicle from the custody and possession of the plaintiff forcibly and illegally
for which they have got no right, title and interest to do so. If the
respondent/defendant is succeeded in snatching the vehicle of the
applicant/plaintiff in that event the plaintiff is going to suffer an
irreparable loss and injuries, which cannot be compensated in any manner
whatsoever.
3- That there is a good
prima-facie case in favour of the plaintiff and against the
defendant/respondent the balance of convenience also heavy tilts in favour of
the applicant/plaintiff.
4- That the purpose for
filing the present suit will be defeated in case the relief sought for is not
granted to the plaintiff/applicant.
PRAYER:
It
is therefore, prayed that an exparte ad interim injunction order thereby
restraining the defendants from forcibly snatching the restraining the defendant from forcibly snatching the
TATA Dumpher bearing its Registration No. HR-________ from the possession and
custody of the plaintiff forcibly and illegally and also restraining them from
selling the same to any other person forcibly and illegally except in due
course of law may kindly be passed in favour of the applicant/plaintiff and
against the respondent/defendant till
the final decision of the suit.
Dated
PLAINTIFF
(Affidavit in support of application)
In the court of Civil Judge, Senior Division, _______
Ravindar Kumar
VERSUS
M/s Shri Ram Transport Finance Co. Ltd
Suit for Permanent Injunction
AFFIDAVIT.
I, Ravindar Kumar _____________ do hereby solemnly affirm
and declare as under:
1- That the deponent has
filed the above noted suit along with an application for stay, today before
this hon’ble court, the contents of which be read as part and parcel of this
affidavit for the same of brevity.
2- That the contents of my above suit and application for stay have been read over to me by my counsel which are true to best of my belief.
DEPONENT
VERIFICATION:
Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein. Verified DEPONENT
(Affidavit in support of plaint)
In the court of Civil Judge, Senior Division, _______
Ravindar Kumar
VERSUS
M/s Shri Ram Trasport Finance Co. Ltd
Suit for Permanent Injunction
AFFIDAVIT.
I, Ravindar Kumar __________________do hereby solemnly affirm and declare as under:
1-That the plaintiff, has filed the above titled suit in this Hon’ble Court and the contents of the same have been read over to us by our counsel in simple Hindi language, which we accept to be true and correct and same may be read as part of this affidavit in order to avoid the unnecessary repetition.
DEPONENT.
VERIFICATION:Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein. Verified at
DEPONENT.
Good Drafting,
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