Affidavit Under Order Vii Rule 16 Cpc Declaration Of Loss Of Negotiable Instruments By A Banker Legal Draft Template
| Category | Affidavits Civil |
| Format | Word Document |
| File name | AFFIDAVIT- UNDER ORDER VII RULE 16 CPC - DECLARATION OF LOSS OF NEGOTIABLE INSTRUMENTS BY A BANKER.doc |
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Precedent No. 38
AFFIDAVIT: UNDER ORDER VII, RULE 16 C.P.C. - DECLARATION OF LOSS OF
NEGOTIABLE INSTRUMENTS BY A BANKER
IN THE SUBORDINATE JUDGE'S COURT OF
Regular Suit No of 20
Plaintiff:
Vs.
Defendant:
AFFIDAVIT
I, , S/o , aged years,
now residing in , do hereby swear in the name of God that:—
- I am the Senior Manager of the plaintiff bank. Being well acquainted
withthe facts and circumstances of the case, I am competent and
dulyauthorised to swear to this affidavit and will refer to myself as
the plaintiffbank hereinafter.
- The defendant abovenamed issued a cheque No on
dated for a sum of
Rs
- The said cheque was presented by the defendant on to
the plaintiff bank for collection.
- In due course of business the said cheque was sent to for
collection by post.
- In the meantime, the defendant requested the plaintiff bank to
advance
Rs being the proceeds of the said cheque and the plaintiff
bank, in good faith, allowed the defendant to withdraw the amountcovered
by the cheque on
- On the enquiries made by the plaintiff bank, the Lord Krishna Bank,
Trichi, by letter dated , informed the plaintiff bank that the
said cheque was never received by them.
- It is apparent that the cheque so sent was lost in transit.
- In view of the above contingent situation, the plaintiff bank
requested to issue another cheque in lieu of the lost cheque, but the
defendant refused to do so.
- It is amply clear from the facts mentioned above that the cheque
in question was lost due to circumstances beyond the control of the
plaintiff bank and not owing to any willful default, neglect or laches
on the part of the said bank.
- It is further assured that the lost cheque, if and when traced out,
the plaintiff bank shall produce the same before this Hon'ble Court.
SdJ 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, belief and information and nothing material has been
concealed therefrom.
SdJ Deponent.
Solemnly affirmed and signed before me by the deponent, who is
personallyknown to me, on this the day of , 20
SdJ
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed
under law.