IN THE COURT OF DISTRICT JUDGE HYDERABAD
Summary Suit No. of 2009
Shaukat Ali Khan
s/o Faiz Muhammad Kan
by caste Khanzada, adult, Muslim
Resident of House No.1014 Choori
Para Tando Allahyar --------------------------- Plaintiff
Versus
Muhammad Eissa alias Amjad Hussain
s/o Allah Bachayo by caste Memon,
Resident of village Haji Maqbool
Ahmed Memon Dah Palijani
Taluka & District Matiari -------------------- Plaintiff
SUMMARY SUIT U/O 37 RULE-1
The above named very respectfully begs to submit as under: -
1- That, the plaintiff is a respectable and law abiding citizen having good business relation with defendant.
2- That, on 06-02-2009 defendant lend an amount of Rs.150,000/- (Rupees One Lac Fifty Thousand Only) from plaintiff for his urgent need for one day and issued such cheque No.2544646 dated 07-02-2009 in the name of plaintiff with promise that remittance will come in his account No.0001033460 on 07-02-2009 and said cheque will be encashed. However on next day when plaintiff deposited the said cheque in the concerned bank it become dishonoured and bank issued such memo with reason that “fund not sufficient”. Thereafter plaintiff approached to defendant goodself to return of his money.
( 2 )
3- That, since plaintiff has time and again approached to the defendant, defendant has started extending threats of dire consequences to plaintiff, in this way not only plaintiff has committed cheating and forgery by issuing bogus and false cheque to plaintiff, so also committed breach of trust and both of said acts come with the ambit of Pakistan Penal Code as well as pertain to the civil nature.
5- That, the cause of action accrued to the plaintiff to file present suit when defendant has failed to disburse his liabilities despite issuance of instruments/cheques in the name of plaintiff and same cause of action is accruing day by day till today.
6- That, necessary court fee is paid in shape of stamps.
7- That, the plaintiff respectfully prays for following judgment and decree against the defendant.
PRAYER
That, this Honourable Court may be pleased to direct the defendant to pay Rs.150,000/- to the plaintiff alongwith profit as per market rate.
Cost of the suit be saddled on the defendant.
Any other relief which this Honourable Court deems fit and proper may please be awarded to the plaintiff.
Hyderabad
Dated: ADVOCATE FOR PLAINTIFF
Verification.
I, Shaukat Ali Khan s/o Faiz Muhammad Kan by caste Khanzada, adult, Muslim Resident of House No.1014 Choori Para Tando Allahyar at present at Hyderabad do hereby verify on oath that whatever stated above is true and correct to my knowledge and belief.
( deponent )
( 2 )
I know the deponent above named
( Advocate )
The deponent above named is identified by Mr. Aghis-u-Salam Tahirzada, Advocate who is personally known to me.
Commissioner for taking affidavit.
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this 8th, day of June 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.
Commissioner for taking affidavit.
DOCUMENTS FILED
DOCUMENTS RELIED UPON
SAME AS SHOWN IN CAUSE TITLED
ADDRESSES OF THE PARTIES.
SAME AS SHOWN IN CAUST TITLE.
ADVOCATE FOR PLAINTIFF
IN THE COURT OF DISTRICT JUDGE HYDERABAD
Summary Suit No. of 2009
Muhammad Ayaz s/o Usman
by caste Khanzada, Muslim, adult,
Resident of House No.1446 Ward-B
Khanzada Mohallah Tando Allahyar ------------------- Plaintiff
Versus
Abdul Hashim Shah ---------------------------------------- Defendant
SUMMARY SUIT U/O 37 RULE-1
The plaintiff above named very respectfully begs to submit as under: -
1- That, the plaintiff runs the business of Electronic with his father-in-law Muhammad Khan s/o Sultan Khan Khanzada with the name and style “Ali Enterprises” at Patoli Para, Opposite MCB Bank Tando Allahyar Branch.
2- That, the plaintiff intended to install CNG filing station at Nasarpur Road by pass Tando Allahyar, for that reason Muhammad Hussain Khanzada, who is working as property dealer and commission agent brought a person in the office of the plaintiff at Patoli Para, Tando Allahyar and introduced him to be Abdul Hussain, marketing officer, Masters Marketing International Lahore and disclosed that said person will help for getting license, permission, and machinery for installation of CNG station.
3- That, the plaintiff gave them the documents of his property where CNG station is to be installed. After some time defendant No.1 sent quotation of machinery and some other documents through courier service on the letter head pad of “M/s Masters Marketing International”.
4- That, the plaintiff filed the said documents and complete required formalities according to those documents and sent the same to the defendant No.1 at their given address at Karachi and on the basis of said documents on different occasion in the name of company and on the pretext of expenditure obtained Rs.45,00,000/- (Rupees Four Million Five Hundred Only) from the plaintiff, detail whereof are as under: -
Demand draft No.0878872 dated 15-07-2006 Rs.1000,000/-
( 2 )
5- That, the defendants acknowledged the same and sent such receipts to the plaintiff upon which the signatures in the name Irfan Ghori CEO were appended, the defendants also sent dealer ship deed and letters addressed to the plaintiff.
6- That, in the meantime Abdul Hussain Shah, Irfan Ghori, Zakir Hussain Shah and Muhammad Hussain Khanzada who surveyed the property and prepare physibility report, but no progress has been made. Plaintiff time and again contacted with the above named defendant, but they kept him on false hopes subsequently defendants replied since the prices of the machinery have been increased in the international market, therefore they are unable to provide him the machinery as per quotation given to plaintiff and also expressed their willingness that they are ready to pay the given amount of plaintiff.
7- That, in this regard the defendants issued two cheques of Rs.2,000,000/- each detailed below:
i) Cheque No.763328 dated 25-11-2008 Rs.2,000,000/- MCB Bank Tando Allahyar A/C No. of Zakir Hussain Shah.
ii) Cheuqe No.7411707 dated 01-10-2008 Rs.2,000,000/- MCB Bank Korangi Industrial Area Branch ST-6/5, sector-24 Karachi.
8- That, the plaintiff deposited the said cheques in his A/c No.3348/4 at MCB Bank Tando Allahyar Branch and the said dishonoured with the reason “Not Arranged For”. The plaintiff also contacted with above named defendants regarding dishonour of the cheques, they kept the plaintiff on false hopes.
9- That, on 06-01-2009 at about 6:30 p.m the above name defendants alongwith four unknown persons, who would be identified on seeing again, arrived at the office of plaintiff and demanded their issued cheques back and stated that they will get returned the amount of plaintiff directly from the company in the account of plaintiff. Plaintiff asked them that firstly they make payment of his amount then he would return the cheques upon which they become annoyed on the refusal of the cheques threatened or murder. The four unknown persons who were with them and duly armed with pistols, fallen down the articles lying in the office and beaten to the plaintiff with kicks and fists. The plaintiff raised cries which attracted to Imran s/o Aziz Khanzada, Khalil-ur-Rehman s/o Muhammad Hanif Khanzada and other passerby who arrived over there and rescued the plaintiff. Thereafter Abdul Hussain Shah, Muhammad Hussain Khanzada, Irfan Ghori and Zakir Hussain Shah threatened the plaintiff for dire consequences, if the cheques are not returned to them, they will come again and then they went away.
( 3 )
10- That, the plaintiff lodged such FIR vide crime No.23 of 2009 of P.S Tando Alahyar U/s 406, 420, 506(2), 427, 489-F, 147, 148, 149 PPC by the orders of Honourable Sessions Judge Hyderabad on the application U/s 22-A & B Cr.P.C.
11- That, the defendants are white collar criminals, cheater, gangster and extractors having political influence and influence over local administration and they ruined the life of the plaintiff and taken away all savings of the plaintiff by illegal means.
12- That, the cause of action accrued to the plaintiff to file present suit when defendants has failed to disburse his liabilities dispite issuance of instruments/cheques in the name of plaintiff an dsame cause of action is accruing day of day till today.
That, necessary court fee is paid in shape of stamps.
That, the Honourable Court has got jurisdiction to adjudicate upon the matter.
That, the plaintiff respectfully prays for following judgment and decree against the defendants.
P R A Y E R
a) That, this Honourable Court may be pleased to direct the defendants to pay Rs.4,000,000/- to the plaintiff alongwith profit as per market rate.
b) That, this Honourable Court may be pleased to direct the defendants to pay Rs.500,000/- to the plaintiff alongwith at market rate taken by defendants.
c) Cost of the suit be saddled on the defendants.
d) Any other relief which this Honourable Court deems fit and proper may please be awarded to the plaintiff.
Hyderabad
Dated: PLAINTIFF
IN THE COURT OF DISTRICT JUDGE HYDERABAD
Summary Suit No. of 2009
Muhammad Ayaz s/o Usman
by caste Khanzada, Muslim, adult,
Resident of House No.1446 Ward-B
Khanzada Mohallah Tando Allahyar ------------------- Plaintiff
Versus
Zakir Hussain Shah Shah ---------------------------------- Defendant
SUMMARY SUIT U/O 37 RULE-1
The plaintiff above named very respectfully begs to submit as under: -
1- That, the plaintiff runs the business of Electronic with his father-in-law Muhammad Khan s/o Sultan Khan Khanzada with the name and style “Ali Enterprises” at Patoli Para, Opposite MCB Bank Tando Allahyar Branch.
2- That, the plaintiff intended to install CNG filing station at Nasarpur Road by pass Tando Allahyar, for that reason Muhammad Hussain Khanzada, who is working as property dealer and commission agent brought a person in the office of the plaintiff at Patoli Para, Tando Allahyar and introduced him to be Abdul Hussain, marketing officer, Masters Marketing International Lahore and disclosed that said person will help for getting license, permission, and machinery for installation of CNG station.
3- That, the plaintiff gave them the documents of his property where CNG station is to be installed. After some time defendant No.1 sent quotation of machinery and some other documents through courier service on the letter head pad of “M/s Masters Marketing International”.
4- That, the plaintiff filed the said documents and complete required formalities according to those documents and sent the same to the defendant No.1 at their given address at Karachi and on the basis of said documents on different occasion in the name of company and on the pretext of expenditure obtained Rs.45,00,000/- (Rupees Four Million Five Hundred Only) from the plaintiff, detail whereof are as under: -
Demand draft No.0878872 dated 15-07-2006 Rs.1000,000/-
( 2 )
5- That, the defendants acknowledged the same and sent such receipts to the plaintiff upon which the signatures in the name Irfan Ghori CEO were appended, the defendants also sent dealer ship deed and letters addressed to the plaintiff.
6- That, in the meantime Abdul Hussain Shah, Irfan Ghori, Zakir Hussain Shah and Muhammad Hussain Khanzada who surveyed the property and prepare physibility report, but no progress has been made. Plaintiff time and again contacted with the above named defendant, but they kept him on false hopes subsequently defendants replied since the prices of the machinery have been increased in the international market, therefore they are unable to provide him the machinery as per quotation given to plaintiff and also expressed their willingness that they are ready to pay the given amount of plaintiff.
7- That, in this regard the defendants issued two cheques of Rs.2,000,000/- each detailed below:
i) Cheque No.763328 dated 25-11-2008 Rs.2,000,000/- MCB Bank Tando Allahyar A/C No. of Zakir Hussain Shah.
ii) Cheuqe No.7411707 dated 01-10-2008 Rs.2,000,000/- MCB Bank Korangi Industrial Area Branch ST-6/5, sector-24 Karachi.
8- That, the plaintiff deposited the said cheques in his A/c No.3348/4 at MCB Bank Tando Allahyar Branch and the said dishonoured with the reason “Not Arranged For”. The plaintiff also contacted with above named defendants regarding dishonour of the cheques, they kept the plaintiff on false hopes.
9- That, on 06-01-2009 at about 6:30 p.m the above name defendants alongwith four unknown persons, who would be identified on seeing again, arrived at the office of plaintiff and demanded their issued cheques back and stated that they will get returned the amount of plaintiff directly from the company in the account of plaintiff. Plaintiff asked them that firstly they make payment of his amount then he would return the cheques upon which they become annoyed on the refusal of the cheques threatened or murder. The four unknown persons who were with them and duly armed with pistols, fallen down the articles lying in the office and beaten to the plaintiff with kicks and fists. The plaintiff raised cries which attracted to Imran s/o Aziz Khanzada, Khalil-ur-Rehman s/o Muhammad Hanif Khanzada and other passerby who arrived over there and rescued the plaintiff. Thereafter Abdul Hussain Shah, Muhammad Hussain Khanzada, Irfan Ghori and Zakir Hussain Shah threatened the plaintiff for dire consequences, if the cheques are not returned to them, they will come again and then they went away.
( 3 )
10- That, the plaintiff lodged such FIR vide crime No.23 of 2009 of P.S Tando Alahyar U/s 406, 420, 506(2), 427, 489-F, 147, 148, 149 PPC by the orders of Honourable Sessions Judge Hyderabad on the application U/s 22-A & B Cr.P.C.
11- That, the defendants are white collar criminals, cheater, gangster and extractors having political influence and influence over local administration and they ruined the life of the plaintiff and taken away all savings of the plaintiff by illegal means.
12- That, the cause of action accrued to the plaintiff to file present suit when defendants has failed to disburse his liabilities dispite issuance of instruments/cheques in the name of plaintiff an dsame cause of action is accruing day of day till today.
13- That, necessary court fee is paid in shape of stamps.
14- That, the Honourable Court has got jurisdiction to adjudicate upon the matter.
15- That, the plaintiff respectfully prays for following judgment and decree against the defendants.
P R A Y E R
16- That, the plaintiff respectfully prays as under:-
A) That, this Honourable Court may be pleased to direct the defendants to pay Rs.500,000/- to the plaintiff alongwith at market rate taken by defendants.
c) Cost of the suit be saddled on the defendants.
d) Any other relief which this Honourable Court deems fit and proper may please be awarded to the plaintiff.
Hyderabad
Dated: PLAINTIFF
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