Affidavit Under Order Xxxvii, Rule 5 Of The Code Of Civil Procedure, 1908 - Legal Draft

Precedent No. 6

AFFIDAVIT: UNDER ORDER XXXVII, RULE 5 OF THE CODE OF CIVIL PROCEDURE,

1908

BEFORE THE HON'BLE CIVIL COURT

Interlocutory Application No of 20

In

Original Suit No of 20

Petitioner:

Vs.

Counter Petitioner:

AFFIDAVIT of , S/o , aged ,

residing at

The deponent abovenamed hereby solemnly affirms and declares as

under:—

1. The deponent is the Managing Partner and authorised signatory of

the petitioner in the application and the plaintiff in the suit

referred to above. The deponent is fully conversant with the facts and

circumstances of the case and stands competent to swear to this

affidavit on behalf of the petitioner. The deponent will be referred to

as the petitioner hereinafter.

1. The suit is filed for recovery of an amount of Rs with future

interest from the counter-petitioner who owes the money to the

petitioner. The amount is due under a promissory-note executed by the

counter-petitioner in favour of the petitioner, which note is produced

alongwith the plaint as document No. 1.

1. Inspite of repeated requests made by the petitioner, the

counter-petitioner did not care to effect payment or settle the account,

which necessitated the filing of the suit.

1. Before filing the suit, the petitioner had sent a legal notice

to the counter-petitioner through its lawyers M/s A reply containing

false

and frivolous contentions was sent by the counter-petitioner, without

remitting the amount. At the same time, he started taking steps for

disposing of the stock in trade kept in his business premises at the

address given above with a view to siphoning off the sale proceeds into

his private and concealed coffers for screening it from creditors like

the petitioner. His attempt is to remove those goods, dispose of the

same and then start a business in the name of his son thereby

effectively defeating a creditor like the petitioner. The petitioner has

come to know of the said threatened plans of the counter-petitioner two

days ago when he made discrete enquiries through his agent, from

dependable sources.

1. For the various reasons mentioned in the plaint, the suit is likely

to bedecreed in favour of the petitioner in terms of the plaint. If

pendingdisposal of the same, the counter-petitioner is allowed to do

thethreatened act, it will cause irreparable loss, injury and hardship

to thepetitioner, incapable of being remedied by way of damages.

Moreover, thecounter-petitioner does not have any other property or

assets, movable orimmovable, in his ownership or possession. The

petitioner will be left highand dry, if the threatened acts are allowed

to go unchecked. Therefore,

the counter-petitioner has to be restrained from doing so. 6. It is,

therefore, just and necessary that this Hon'ble Court within a time to

be stipulated by this Hon'ble Court, issue notice as to why he should

not

be asked to furnish security for an amount of Rs necessary

for satisfying the decree that is likely to be passed against him in the

present suit, or the scheduled properties to be attached and removed to

the premises of this Court and, in the meantime, to order interim

attachment and removal to this Hon'ble Court's custody of the movable

items belonging to the counter-petitioner and detailed in the schedule

attached as prayed for in the accompanying application.

Sd./ Deponent.

Verification

Verified at on this the day of , 20

that the contents of the above affidavit are true and correct to the

best of my knowledge and belief and nothing material has been concealed

therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note.—Affidavit to be attested by the appropriate authority prescribed

under

law.