Affidavit to a Banker declaring Loss of a Negotiable Instrument for purposes of Order 7, Rule 16, C.P.C by Shiva

No. 6

Affidavit to a Banker declaring Loss of a Negotiable Instrument
for purposes of Order 7, Rule 16, C.P.C

IN THE COURT OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regular Suit No. . . . . . . . . . .of 2000. . . . .

A.B. Ltd. . . . .                                Plaintiff

Vs.

Shri C.D. . . . .

Shri E.F. . . . .                                 Defendants

Fixed for. . . . . . . .

Affidavit

I, . . . . . . . . , aged about . . . . . . . years, son of . . . . . . . . . . . . , resident of. . . . . . . . . . . . . , solemnly affirm and state as under:

1. That I am the Manager/Agent of the plaintiff above-named and am fully conversant with the facts stated in this affidavit.

2. That the defendant No. 2 above-named issued a cheque No. . . . . . , on . . . . . . . . . . Bank Ltd., . . . . . . . . . . . . . . . , dated . . . . . . . , in the sum of Rs . . . . . . . . . .payable to defendant No. 1.

3. That the said cheque was presented by defendant No. 1 on. . . . . . . to the plaintiff for collection.

4. That in due course of business the said cheque was sent to. . . . . . . . . . . . . . . . . Bank Ltd. . . . . . . . . . , for collection by post.

5. That in the meantime the defendant No. 1 requested the plaintiff to advance Rs . . . . . . . .being the proceeds of the said cheque and the plaintiff allowed the defendant No. 1 to withdraw the amount of the cheque, which the defendant No. 1 did on . . . . .

6. That on inquiries made by the plaintiff, the . . . . . . . . . . . . . . . . . . . . Bank Ltd. . . . . . . . .  , by letter dated . . . . . . . . . . .  , informed the plaintiff that the said cheque was never received by them.

7. That it seems that the cover containing the cheque sent by post has been lost in transit.

8. That defendant No. 2 was requested by the plaintiff to furnish a duplicate cheque, but he declined to do so.

9. That the said original cheque or any duplicate thereof cannot be filed as it seems the original is lost and the defendant No. 2 refuses to furnish a duplicate thereof.

Deponent

Dated. . . . . . . . . . . .

(Verification as in earlier precedents.)

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