IN THE COURT OF THE HON’BLE PRL.

SENIOR CIVIL
JUDGE, MEDAK., AT: SAGAREDDY.

O.S. No. OF 2016

BETWEEN:

B. Prabhakar, S/o. Late. B. Jagadiswaraiah,

Aged about: 46 years, Occ: Business,
R/o. H.No: 5-31, Tara nagar, Chandanagar,
Serilingampally, Dist: Ranga Reddy, T.S.
……PLAINTIFF
A N D
1. Dandothikar Jagadish Kumar, S/o. Jahangirgi,
Aged about:54 years, Occ: Business,

2. Smt. D. Jyothi, W/o. D. Jagadish Kumar,

Aged about: 48 years, Occ: House Wife,

Both are R/o. Flat No. G-2, Chiru Residency,

Plot No.302, H.No.6-94/28/6/Huda Colony, Phase-II,
Chandanagar, Dist: Ranga Reddy-T.S. …….DEFENDANT

SUIT FOR RECOVERY OF MONEY OF Rs. 10,00,000/-

PLAINT FILED UNDER ORDER VII RULE 1 & 2, R/w. SEC. 26 OF

C.P.C.

1. DESCRIPTION OF THE PLAINTIFF:

The description of the plaintiff is same as mentioned in the above cause

title.

The address for service of all summons, notices and process on the above
named plaintiff is that of his Counsels Sri M/s. R.S. ASSOCIATES, T. Ratan
Singh, C. Srinath, A. Ashwin Goud, Advocates, Office at H. No. 24-43/2,
Beside Triveni Talent School, Ashoknagar, R.C. Puram, Hyderabad-32 (T.S.)
2. DESCRIPTION OF THE DEFENDANT:

The address of the defendant for service of all summons, notices and
process in the above suit and the same as mentioned in the above cause title.

3. BRIEF FACTS OF THE CASE:

i) The Plaintiff respectfully submits that the defendant No.1 is known to the
plaintiff for the last 25 years and defendant No.1 is doing a real estate
business. With this acquaintance, the defendant No. 1 approached the
Plaintiff during the first week of May, 2007 and requested to arrange a sum of
Rs. 10,00,000/- (rupees Ten Lakhs only ) towards hand loan for defendant
No.1 to meet his business and legal necessities. The Plaintiff initially
expressed inability to lend such a huge amount but with a view to help him as
PLAINTIFF Contd., 2
 :: 2 ::
a friend and business profile of defendant No. 1, the Plaintiff paid an amount
of Rs.10,00,000/- (rupees Ten Lakhs only) on 15-05-2007 through Cheques
vide 1). Cheque Br. No.604047 for an amount of Rs. 88,000/-(Rupees Eighty
Eight Thousand only) 2). Cheque Br. No.822581 for Rs. 4,60,000/- (Rupees
Four Lakhs Sixty Thousand only ) and remaining amount of Rs. 4,52,000/- in
cash to defendant No.1&2 in the presence of the witnesses and defendant No.
1 issued a receipt towards of the above said hand loan transaction. Accused
addr No.1&2 have Further promised to Plaintiff and defendant No.1 will repay
the said amount within one year.

ii) The Plaintiff further submitted that after one year the Plaintiff demanded
the defendant No.1&2 to repay the hand loan amount but the defendant
No.1&2 expressed inability to pay the same as per defendant No.1&2 promise
and requested some more time and the defendant No.1&2 have voluntarily
agreed to pay the interest @ 24% per annum from the date of loan till
realisation. Thereafter the Plaintiff had demanded the defendant No.1&2
several occasions for repayment of the hand loan but the defendant No.1&2
dodged the issue of repayment of hand loan on one pretext or other and
gained maximum time. Finally the Plaintiff had demanded the defendant
No.1&2 to repay the hand loan amount along with interest.

iii) The plaintiff further submitted that finally the defendant No. 1&2 issued
a cheque bearing No.186832, dated 24-06-2016 for an amount of Rs.
5,00,000/- (rupees Five Lakhs only ) and further defendant No. 2 issued a
cheque br. No. 186844 dt: 24-06-2016 for an amount of Rs.5,00,000/- (rupees
Five Lakhs only ) drawn on A.P. Grameena Vikas Bank, R.C. Puram Branch,
Dist: Medak in favour Plaintiff towards discharge of the defendant No.1&2
legally enforceable debt. The defendant No.1&2 have further promised to the
complainant that the defendant No.1&2 will honour the cheque on
presentation.
PLAINTIFF Contd., 3

:: 3 ::

iv) The Plaintiff further submits that the Plaintiff had presented the above
cheque bearing No.186832, dated 24-06-2016 for an amount of Rs.5,00,000/-
(rupees five lakhs only) in his bank i.e., Vijaya bank, Chandanagar Dist:
Ranga Reddy for collection. However to utter shock and surprise of the Plaintiff
that the cheque was returned by defendant’s bank with an endorsement
“kindly contact Drawer/Drawee Bank and Please present again” vide cheque
return Memo dt: 28-06-2016 and the same was received by Plaintiff bank and
on notice of return of cheque Plaintiff approached defendant No.1on phone
and after defendant No.1 promised to Plaintiff that again present the above
said cheque br. No.186832, dt:24-06-2016 for an amount of Rs. 5,00,000/-
(Rupees Five Lakhs only) and also presented another cheque br. No. 186844,
dt: 24-062016 for an amount Rs.5,00,000/- (Rupees Five Lakhs only) in his
bank for collection again to utter shock and surprise of plaintiff that the said
cheque were returned by you defendant No.1&2 bank with an endorsement
“Drawers signature to operate account not received’ vide cheque return memo
dt: 05-07-2016. On notice of return of cheque Plaintiff approached defendant
No.1&2 promised on phone and after defendant No.1&2 promised to Plaintiff
that again present the above said cheque further Plaintiff obliged the request
and presented the above first cheque br. No. 186832, dt: 24-06-2016 for an
amount of Rs. 5,00,000/- (Rupees Five Lakhs only) and another cheque br.
No. 186844,dt: 24-06-2016. For an amount of Rs.5,00,000/-(Rupees Five
Lakhs only) in his bank for collection again to utter shock and surprise to
Plaintiff cheque was returned by defendant bank with an endorsement
“wrongly delivered/Not drawn on” vide cheque return memo dt:12-07-
2016.Thereafter Plaintiff approached defendant No.1&2 and defendant No.1&2
assured finally the said cheques will honoured after two days and Plaintiff
obliged your request and presented the above said two cheque i.e., 1) cheque
br. No.186832, dt: 24-06-2016 , 2) cheque br. No. 186844, dt: 24-06-2016 for
an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) each in his bank for
collection again to utter shock and surprise of Plaintiff that the said cheques
were returned by defendant bank with an endorsement “INSUFFICIENT
FUNDS” vide cheques return memo dt:16-07-2016 and the same was received
by Plaintiff from his bank.

v) The plaintiff further submits that the defendant’s failed to repay the cheque
amount to the plaintiff. On notice of return of cheque the plaintiff approached
defendant on phone several times but the defendant not in contact and not
responding to the plaintiff call. Even the plaintiff had provided to clear the due
:: 4 ::
amount of the defendant within sufficient time. But the defendant postponed
the matter with one reason to other. The plaintiff several times tried to contact
the defendant but it went into vain. The plaintiff vexed with the attitude of the
defendant.

vi) The plaintiff further submits that in spite of the several attempts made
by the plaintiff, the defendant’s has not taken any steps to repay the cheque
amount. The defendant took the undue advantage of the plaintiff innocent and
cheated him. The defendant postponed the payment by saying one or the other
reasons and not taken any steps and was not serious about discharging her
legal liability.

vii) The plaintiff further submits that the plaintiff finally issued a legal
demand notice dt. 05-08-2016 to the defendant’s through Regd. Post along
with acknowledgment card and the same was received by the defendant on 05-
08-2016 and after receiving the legal notice the defendant neither paid the dis-
honoured cheque amount nor compiled the terms of the legal notice. The
defendant with an ulterior motive had avoided the bonafide payments to the
plaintiff.

viii) The plaintiff further submits that the plaintiff had filed a criminal case
against the defendant under section 138 & 142 of NI Act before the ADDL.
Judical First Class Magistrate, AT: Sangareddy. vide S.R. No. 665 of 2016 and
the same is pending.

ix) The plaintiff further submits that the plaintiff came to know through his
well wishers and friends in Jawahar Colony, Chandanagar Village where the
defendant is residing and the defendant is permanently shifting to her native
place and by selling away the property which belongs to the defendant with the
intention to defeat the plaintiff interest to recovery money and it will be very
difficult for the plaintiff to secure her presence during the course of trail and
recovery the money with attachment of the property before judgement.

x) It is further submitted that the defendant is having knowledge and

deliberately avoiding and neglecting to pay the said due amount with malafide
intention to loss & harass the plaintiff in all aspects. The defendant is liable to
pay the same along with interest 24% P.A. Therefore the plaintiff has no other
alternative and efficacious remedy to except to approach this Hon'ble Court for
redressal of the grievance by way of the present suit and to seek a decree for
recovery of Rs. 10,00,000/- (Rupees Ten Lakhs Only) along with interest.
 PLAINTIFF Contd., 5
:: 5 ::
4. CAUSE OF ACTION:
The cause of action arose when the defendant approached the plaintiff
in month of May, 2007 and the plaintiff paid an amount of Rs. 10,00,000/-
(Rupees Ten Lakhs Only) to the defendant’s on 15-05-2007 through cheques
vide 1). Cheque Br. No. 604047 for Rs. 88,000/- (Rupees Eighty Eight
Thousand only ) 2). Cheque Br. No. 822581 for Rs.4,60,000/-( Rupees Four
Lakhs Sixty Thousand only) and remaining amount of Rs. 4,52,000/- in cash
to defendant’s after executed the loan agreement bond on the same day
infavour of the plaintiff and thereafter the defendant No. 1&2 issued a cheque
br. No. 186832, dt: 24-06-2016 for an amount of Rs. 5,00,000/- (Rupees Five
Lakhs Only) and further defendant No.2 issued a cheque br. No.186844 dt: 24-
06-2016 towards the liability and when the defendant’s cheque was dis-
honoured on 16-07-2016 and 16-07-2016 and when the plaintiff got issued a
legal demand notice dt. 05-08-2016 to the defendant’s and received the same
on 06-08-2016 and the same still continue. The plaintiff is not having any
other option except to approach this Hon’ble court for recovery of suit and
hence this suit.

5. JURISDICTION: The defendant resided and her property situated at

Jawahar Colony, Chandanagar, Serilingampally Mandal & Municipality, Dist:
Ranga Reddy and hence this Hon'ble Court is having ample power pecuniary
and territorial jurisdiction to entertain and try this suit.

6. LIMITATION: The suit filed by the plaintiff within the limitation.

7. DECLARATION:
The plaintiff has not filed any suit or proceedings against the defendant
before any court as regards the subject matter of this suit pending before any
court between the parties here to.

8. VALUATION:
The suit is valued of Rs. 11,56,000/- (Rupees Eleven Lakhs Fifty Six
Thousand Only) for the purpose of Court Fee of Rs. here with
paid under Section 20, Article 1 (B) & (C) of schedule-1 of A.P.C.F. & S.V.ACT
and the same is sufficient.

9. PRAYER:
 Therefore, it is prayed that this Hon'ble Court may pleased to pass a Decree
and Judgment in favour of the plaintiff and against the defendant:

PLAINTIFF Contd., 6
:: 6 ::
a) To grant a decree and judgment for a sum of Rs. 11,56,000/- (Rupees
Eleven Lakhs Fifty Six Thousand Only) in favour of the plaintiff and against the
defendant together with interest @ 24% pa from the date of the suit to till it’s
realisation.

b) To award costs of the suit and

c) To granting such other relief or reliefs as this Hon'ble Court may deems
fit and proper in the interest of justice.

DATE:
Place: L.B. Nagar PLAINTIFF

COUNSEL FOR THE PLAINTIFF

VERIFICATION

I, Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao, Aged
about 30 years, Occ.: Business, R/o. C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road, Miyapur, Dist: Ranga Reddy-
T.S., do hereby declare that the contents of the Pare 3 (i) to (x) are true and
correct to the best of my knowledge, belief and what all stated in the remaining
paragraphs, which I believe to be true basing on the legal advice received.
Hence, verified on this the day of August, 2016.

DATE:
Place: L.B. Nagar PLAINTIFF

LIST OF DOCUMENTS

1. Original Copy of Loan Agreement in between the defendant and the plaintiff,
dt: 21-11-2014.
2. Original Copy of Loan Agreement in between the defendant husband and
the plaintiff, dt: 21-11-2014.

3. Copy of Cheque br. No. 643798 for an amount of Rs. 11,56,000/-, dt: 07-
01-2016.
4. Copy of bank deposit slip dt: 07-01-2016 issued by the Indusind Bank Ltd.,
Miyapur Branch, Miyapur, Dist: Ranga Reddy.

5. Copy of Cheque return Memo, dt: 12-01-2016.

PLAINTIFF Contd., 7
:: 7 ::

6. Copy of bank deposit slip dt: 20-02-2016 issued by the Indusind Bank Ltd.,
Miyapur Branch, Miyapur, Dist: Ranga Reddy.

7. Copy of Cheque return Memo, dt: 23-02-2016.

8. Office Copy of Legal Notice, dt: 21-03-2016.

9. Copy of Postal Receipt, dt: 22-03-2016.

10. Copy of acknowledgment card, dt: 24-03-2016.

11. Certified Copy of Sale Deed vide Doct. No. 3102 of 2011, dt: 18-08-2011.
12. Certified Copy of Encumberance Certificate of the defendant property, dt:
29-06-2016.
13. Original Copy of Market Value, dt: 26-06-2016.

DATE:
Place: L.B. Nagar PLAINTIFF

COUNSEL FOR THE PLAINTIFF

 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao,
Aged about 30 years, Occ.: Business,
R/o. # C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road,
Miyapur, Dist: Ranga Reddy-T.S. ……PLAINTIFF
A N D
Smt. Kola Ushasri, W/o. K. Ramadri,
Aged about 31 years, Occ.: Business,
R/o. Flat No. G3, BVR Nivas,
Jawahar Colony, Chandanagar,
Hyderabad-Telangana. ….DEFENDANT

AFFIDAVIT FILED UNDER ORDER VI, RULE - 15 (4) OF C.P.C.

I, Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao, Aged
about 30 years, Occ.: Business, R/o. C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road, Miyapur, Dist: Ranga Reddy-
T.S., do hereby solemnly and sincerely affirm and sincerely state on oath as
follows:

1. I am the deponent herein and the plaintiff in the above suit and as such I
well acquainted with the facts of the case.

2. I submit that the suit filed by me against the defendant for Recovery
Money of Rs. 11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only).

3. I submit the contents of the plaint, averments made therein are true,
correct and genuine one and I also filed the list of documents along with the
plaint to supporting and prove my case.

Therefore, I prayed that this Hon’ble Court may be pleased to pass a

judgment and decree in favour of me against the defendant for a sum of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) along with interest
@ 24% p.a. from the date of suit to till it’s realisation and award the costs of
the suit.

Sworn and signed on this the

day of August, 2016 at DEPONENT
L.B. Nagar.

ADVOCATE / L.B. Nagar

 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish
……PLAINTIFF
A N D
Smt. Kola Ushasri
….DEFENDANT

STATEMENT OF ADDRESS UNDER ORDER VI RULE 14 A C.P.C

Plaintiff Name and Address Defendant Name and Address

Sri Kottapalli Venkata Naga Satish, Smt. Kola Ushasri, W/o. K. Ramadri,
S/o. K.V.N. Bhaskara Rao, Aged Aged about 31 years, Occ.: Business,
about 30 years, Occ.: Business, R/o. Flat No. G3, BVR Nivas,
R/o. # C/o. “Square Plaza”, Plot Jawahar Colony, Chandanagar,
No. 25/A, Indian Petrol Bunk Back Hyderabad-Telangana.
side, Miyapur X Road,
Miyapur, Dist: Ranga Reddy-T.S.

Date: COUNSEL FOR PLAINTIFF

Place: L.B. Nagar.
 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao,
Aged about 30 years, Occ.: Business,
R/o. # C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road,
Miyapur, Dist: Ranga Reddy-T.S. ……PLAINTIFF
A N D
Smt. Kola Ushasri, W/o. K. Ramadri,
Aged about 31 years, Occ.: Business,
R/o. Flat No. G3, BVR Nivas,
Jawahar Colony, Chandanagar,
Hyderabad-Telangana. ….DEFENDANT

VERIFICATION AFFIDAVIT FILED BY THE PLAINTIFF

I, Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao, Aged
about 30 years, Occ.: Business, R/o. C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road, Miyapur, Dist: Ranga Reddy-
T.S., do hereby solemnly and sincerely affirm and sincerely state on oath as
follows:

1. I am the deponent herein and the plaintiff in the above suit and as such I
am well acquainted with the facts of the case.

2. I submit that the above suit filed by me against the defendant for
recovery of amount. The contents mentioned in the above plaint are true and
correct to the best of my knowledge and hence verified. I have filed the list of
documents to establish my case and the same may be marked as exhibits.
Therefore prayed that Hon'ble Court may be pleased to pass a judgment and
decree in favour of me against the defendant as prayed for the plaintiff in the
pliant and in the interest of justice. Hence, verified on this the day of
August, 2016 at L.B. Nagar.

Sworn and signed on this the

day of August 2016 at DEPONENT
L.B. Nagar.

ADVOCATE / L.B. Nagar

 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
I.A. No. of 2016
IN
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish
……PETITIONER/PLAINTIFF
A N D
Smt. Kola Ushasri
…….RESPONDENT/DEFENDANT

AFFIDAVIT

I, Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao, Aged
about 30 years, Occ.: Business, R/o. C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road, Miyapur, Dist: Ranga Reddy-
T.S., do hereby solemnly and sincerely affirm and sincerely state on oath as
follows:

1. I am the petitioner herein and the plaintiff in the above suit and as such
I well acquainted with the facts of the case. I crave leave of this Hon’ble court to
read the plaint and the documents as part of this affidavit.

2. I submit that the respondent/defendant is known to me through the

respondent/defendant husband namely K. Ramadri. The respondent/
defendant is running a hostel business in the name & style of “K.K. Hostel” at
Beeramguda. I joined in the respondent/defendant hostel as a paying guest in
the month of January, 2009 and stayed in the respondent/defendant hostel
upto April, 2013. Thereafter the respondent/defendant and her husband
developed friendly relationship with me and with this acquaintance the
respondent/ defendant and the defendant husband approached me during the
First week of November, 2014 and requested for a hand loan amount of Rs.
10,00,000/- (Rupees Ten Lakhs Only) to me; initially I expressed inability to
arrange such a huge amount but considering the friendship and with an
intention to help the respondent/defendant and her husband; I arranged an
amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) in cash with the help of
my friends and paid on 21-11-2014 to the respondent/defendant and her

DEPONENT Contd., 2
 :: 2 ::

husband in the presence of witnesses. The respondent/defendant have further

promised to me to repay the amount of Rs. 6,00,000/- on 25-04-2015 along
with interest and executed a loan agreement bond to that effect before the
witnesses on 21-11-2014 and further the respondent/defendant husband
executed a loan agreement bond of Rs. 4,00,000/- stating to return that on 25-
11-2015 along with interest and executed a loan agreement bond to that effect
before the witnesses on 21-11-2014.

3. I further submit that on 25-04-2015 I approached the respondent/

defendant for repayment of hand loan amount along with interest but the
respondent/defendant dodged the matter stating one or other reason and
gained time stating that entire amount will be paid on 25-11-2015 along with
interest. I further submit that again on 25-11-2015 I approached the
respondent/ defendant and demanded the hand loan amount along with
interest but to the utter shock and surprise again; the respondent/defendant
dragged the matter stating that some or other futile reasons.

4. I further submit that finally on 07-01-2016 the respondent/defendant

issued a cheque br. No. 643798, dt: 07-01-2016 for an amount of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) drawn on Oriental
Bank of Commerce, Chandanagar Branch for joint liability of the
respondent /defendant and her husband and further the
respondent/defendant and the respondent/defendant husband expressed their
inability to pay the entire interest and I accepted the said Cheque of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) as a final
settlement by relinquishing the balance interest amount and after I presented
the said cheque bearing No. 643798, dt: 07-01-2016 for an amount of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) in my bank i.e.,
Indusind Bank Ltd., Miyapur Branch for collection on 07-01-2016. However to
the utter shock and surprise of me; that the cheque was returned by the
respondent/defendant bank with an endorsement “FUNDS INSUFFICIENT”
vide cheque return memo dt: 12-01-2016 and the same was received by me
from my bank. On notice of return of cheque I approached the
respondent/defendant on phone and the respondent/defendant requested me
to present the said cheque again after one month I obliged the
respondent/defendant request. As per the respondent

DEPONENT Contd., 3
 :: 3 ::

/defendant promise me waited one month and after one month I again
presented the above said Cheque br. No. 643798, dt: 07-01-2016 for an
amount of Rs. 11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) in
my bank for collection on 20-02-2016. However to the utter surprise and shock
of me that the said cheque was returned by the respondent/defendant bank
with an endorsement “INSUFFICIENT FUNDS” vide cheque return memo dt:
23-02-2016 and the same was received by me from my bank. On notice of
return of cheque I approached the respondent/defendant on phone several
times but the respondent/defendant is not in contact and not responding to
my phone call.

5. I further submit that the respondent/defendant issued the above cheque

towards discharge of respondent/defendant legal enforceable debt. But the
respondent/defendant intentionally and knowing fully issued the above cheque
to me without keeping sufficient funds in the respondent/defendant account
and the respondent/defendant with an intentionally and deliberately cheated
me for wrongful gain and in all aspects.

6. I further submit that the respondent/defendant failed to repay the

cheque amount to me. On notice of return of cheque I approached
respondent/defendant on phone several times but the respondent/defendant
not in contact and not responding to my call. Even I had provided to clear the
due amount of the respondent/defendant within sufficient time. But the
respondent/defendant postponed the matter with one reason to other. I several
times tried to contact the respondent/defendant but it went into vain. I vexed
with the attitude of the respondent/defendant.

7. I further submit that in spite of the several attempts by me, the

respondent/defendant has not taken any steps to repay the cheque amount.
The respondent/defendant took the undue advantage of my innocent and
cheated me. The respondent/defendant postponed the payment by saying one
or the other reasons and not taken any steps and was not serious about
discharging her legal liability.

8. I further submit that finally I issued a legal demand notice dt. 21-03-

DEPONENT Contd., 4
 :: 4 ::

2016 to the respondent/defendant through Regd. Post along with

acknowledgment card and the same was received by the respondent/defendant
on 24-03-2016 and after receiving the legal notice the respondent/defendant
neither paid the dis-honoured cheque amount nor compiled the terms of the
legal notice. The respondent/defendant with an ulterior motive had avoided the
bonafide payments to me.

9. I further submit that I filed a criminal case against the respondent/

defendant under section 138 & 142 of NI Act before the learned IX Metropolitan
Magistrate of Cyberabad, at Miyapur vide S.R. No. 991 of 2016 and the same is
pending before the court.

10. I further submit recently I came to know through the well wishers in
Jawahar Colony, Chandanagar Village where the respondent/defendant is
residing and the respondent/defendant is permanently shifting to her native
place and by selling away the property which belongs to the respondent/
defendant with the intention to defeat me interest to recovery money and it will
be very difficult for me to secure her presence during the course of trail and
recovery the money without attachment of the property before judgement.

11. I further submit that the respondent/defendant is having knowledge and

deliberately avoiding and neglecting to pay the said due amount with malafide
intention to loss & harass for me. The respondent/defendant is liable to pay
the same along with interest 24% P.A. Therefore I have no other alternative and
efficacious remedy to except to approach this Hon'ble Court for redressal of the
grievance by way of the present suit and to seek a decree for recovery of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) along with
interest.

12. I further submit that I apprehend that the respondent/defendant may

leave the jurisdiction of this Hon’ble Court at any point of time. If he does so I
will be put to serious loss and hardship and I further submit that to my
knowledge the respondent/defendant and the respondent/defendant husband
in collusion with each other and the respondent had entered into agreement of
sale with third parties with illegal gain.

DEPONENT Contd., 5
 :: 5 ::
13. I further submit that the respondent/defendant incollusin with each
other since one week they has been making hectic efforts to alienate the
schedule property mentioned below. If they do so, there remains nothing for me
to recovery the amounts from the respondent/defendant.

SCHEDULE PROPERTY

All that the residential Flat No. G3 (Ground Floor) admeasuring 725 Sq.
Fts., (including common areas) with undivided share of land of 25 Sq. Yards or
20.9 Sq. Mtrs, (out of total area 329 Sq. Yds.) constructed on Plot No. 12 in Sy.
No. 182, residential complex known as “BVR Nivas” situated at Jawahar
Colony, Chandanagar, Serilingampally Mandal and Municipality, Dist: Ranga
Reddy and bounded by:

North : Open to Sky

South : Staircase

East : Corridor 4 ft wide

West : Open to Sky

It is therefore prayed that the Hon’ble Court may be pleased to order of

conditional attachment of the immovable property of the respondent/defendant
before judgement as petition schedule property for an amount of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) till the disposal of
the above suit and pass necessary order or orders which are deem fit and
proper in the circumstances of the case and in the interest of justice.
Otherwise I will be put to serious loss and hardship and which cannot
compensate any means and in the interest of justice.

Sworn and signed on this the

day of August 2016 at Deponent
L.B. Nagar.

ADVOCATE/L.B. Nagar
 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.

I.A. No. of 2016

IN
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao,
Aged about 30 years, Occ.: Business,
R/o. # C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road,
Miyapur, Dist: Ranga Reddy-T.S. ……PETITIONER/PLAINTIFF
A N D
Smt. Kola Ushasri, W/o. K. Ramadri,
Aged about 31 years, Occ.: Business,
R/o. Flat No. G3, BVR Nivas,
Jawahar Colony, Chandanagar,
Hyderabad-Telangana. …….RESPONDENT/DEFENDANT

PETITION FILED UNDER ORDER 38 RULE 5, r/w. 151 of C.P.C.

For the reasons mentioned in the accompanying affidavit, the petitioner

herein prays that this Hon’ble Court may be pleased to order of conditional
attachment of the immovable property of the respondent/defendant before
judgement as petition schedule property for an amount of Rs. 11,56,000/-
(Rupees Eleven Lakhs Fifty Six Thousand Only) till the disposal of the above
suit and pass necessary order or orders which are deem fit and proper in the
circumstances of the case and in the interest of justice. Otherwise I will be put
to serious loss and hardship and which cannot compensate any means and in
the interest of justice.

PETITION SCHEDULE PROPERTY

All that the residential Flat No. G3 (Ground Floor) admeasuring 725 Sq.
Fts., (including common areas) with undivided share of land of 25 Sq. Yards or
20.9 Sq. Mtrs, (out of total area 329 Sq. Yds.) constructed on Plot No. 12 in Sy.
No. 182, residential complex known as “BVR Nivas” situated at Jawahar
Colony, Chandanagar, Serilingampally Mandal and Municipality, Dist: Ranga
Reddy and bounded by:

North : Open to Sky

South : Staircase
East : Corridor 4 ft wide
West : Open to Sky

PLACE: Hyderabad.
DATE:
COUNSEL FOR THE PETITIONER/PLAINTIFF
 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
I.A. No. of 2016
IN
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish
……PETITIONER/PLAINTIFF
A N D
Smt. Kola Ushasri
…….RESPONDENT/DEFENDANT

AFFIDAVIT

I, Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao, Aged
about 30 years, Occ.: Business, R/o. C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road, Miyapur, Dist: Ranga Reddy-
T.S., do hereby solemnly and sincerely affirm and sincerely state on oath as
follows:

1. I am the petitioner herein and the plaintiff in the above suit and as such
I well acquainted with the facts of the case. I crave leave of this Hon’ble court to
read the plaint and the documents as part of this affidavit.

2. I submit that the respondent/defendant is known to me through the

respondent/defendant husband namely K. Ramadri. The respondent/
defendant is running a hostel business in the name & style of “K.K. Hostel” at
Beeramguda. I joined in the respondent/defendant hostel as a paying guest in
the month of January, 2009 and stayed in the respondent/defendant hostel
upto April, 2013. Thereafter the respondent/defendant and her husband
developed friendly relationship with me and with this acquaintance the
respondent/ defendant and the defendant husband approached me during the
First week of November, 2014 and requested for a hand loan amount of Rs.
10,00,000/- (Rupees Ten Lakhs Only) to me; initially I expressed inability to
arrange such a huge amount but considering the friendship and with an
intention to help the respondent/defendant and her husband; I arranged an
amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) in cash with the help of
my friends and paid on 21-11-2014 to the respondent/defendant and her

DEPONENT Contd., 2
 :: 2 ::

husband in the presence of witnesses. The respondent/defendant have further

promised to me to repay the amount of Rs. 6,00,000/- on 25-04-2015 along
with interest and executed a loan agreement bond to that effect before the
witnesses on 21-11-2014 and further the respondent/defendant husband
executed a loan agreement bond of Rs. 4,00,000/- stating to return that on 25-
11-2015 along with interest and executed a loan agreement bond to that effect
before the witnesses on 21-11-2014.

3. I further submit that on 25-04-2015 I approached the respondent/

defendant for repayment of hand loan amount along with interest but the
respondent/defendant dodged the matter stating one or other reason and
gained time stating that entire amount will be paid on 25-11-2015 along with
interest. I further submit that again on 25-11-2015 I approached the
respondent/ defendant and demanded the hand loan amount along with
interest but to the utter shock and surprise again; the respondent/defendant
dragged the matter stating that some or other futile reasons.

4. I further submit that finally on 07-01-2016 the respondent/defendant

issued a cheque br. No. 643798, dt: 07-01-2016 for an amount of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) drawn on Oriental
Bank of Commerce, Chandanagar Branch for joint liability of the
respondent /defendant and her husband and further the
respondent/defendant and the respondent/defendant husband expressed their
inability to pay the entire interest and I accepted the said Cheque of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) as a final
settlement by relinquishing the balance interest amount and after I presented
the said cheque bearing No. 643798, dt: 07-01-2016 for an amount of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) in my bank i.e.,
Indusind Bank Ltd., Miyapur Branch for collection on 07-01-2016. However to
the utter shock and surprise of me; that the cheque was returned by the
respondent/defendant bank with an endorsement “FUNDS INSUFFICIENT”
vide cheque return memo dt: 12-01-2016 and the same was received by me
from my bank. On notice of return of cheque I approached the
respondent/defendant on phone and the respondent/defendant requested me
to present the said cheque again after one month I obliged the
respondent/defendant request. As per the respondent

DEPONENT Contd., 3
 :: 3 ::

/defendant promise me waited one month and after one month I again
presented the above said Cheque br. No. 643798, dt: 07-01-2016 for an
amount of Rs. 11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) in
my bank for collection on 20-02-2016. However to the utter surprise and shock
of me that the said cheque was returned by the respondent/defendant bank
with an endorsement “INSUFFICIENT FUNDS” vide cheque return memo dt:
23-02-2016 and the same was received by me from my bank. On notice of
return of cheque I approached the respondent/defendant on phone several
times but the respondent/defendant is not in contact and not responding to
my phone call.

5. I further submit that the respondent/defendant issued the above cheque

towards discharge of respondent/defendant legal enforceable debt. But the
respondent/defendant intentionally and knowing fully issued the above cheque
to me without keeping sufficient funds in the respondent/defendant account
and the respondent/defendant with an intentionally and deliberately cheated
me for wrongful gain and in all aspects.

6. I further submit that the respondent/defendant failed to repay the

cheque amount to me. On notice of return of cheque I approached
respondent/defendant on phone several times but the respondent/defendant
not in contact and not responding to my call. Even I had provided to clear the
due amount of the respondent/defendant within sufficient time. But the
respondent/defendant postponed the matter with one reason to other. I several
times tried to contact the respondent/defendant but it went into vain. I vexed
with the attitude of the respondent/defendant.

7. I further submit that in spite of the several attempts by me, the

respondent/defendant has not taken any steps to repay the cheque amount.
The respondent/defendant took the undue advantage of my innocent and
cheated me. The respondent/defendant postponed the payment by saying one
or the other reasons and not taken any steps and was not serious about
discharging her legal liability.

8. I further submit that finally I issued a legal demand notice dt. 21-03-

DEPONENT Contd., 4
 :: 4 ::

2016 to the respondent/defendant through Regd. Post along with

acknowledgment card and the same was received by the respondent/defendant
on 24-03-2016 and after receiving the legal notice the respondent/defendant
neither paid the dis-honoured cheque amount nor compiled the terms of the
legal notice. The respondent/defendant with an ulterior motive had avoided the
bonafide payments to me.

9. I further submit that I filed a criminal case against the respondent/

defendant under section 138 & 142 of NI Act before the learned IX Metropolitan
Magistrate of Cyberabad, at Miyapur vide S.R. No. 991 of 2016 and the same is
pending before the court.

10. I further submit recently I came to know through the well wishers in
Jawahar Colony, Chandanagar Village where the respondent/defendant is
residing and the respondent/defendant is permanently shifting to her native
place and by selling away the property which belongs to the respondent/
defendant with the intention to defeat me interest to recovery money and it will
be very difficult for me to secure her presence during the course of trail and
recovery the money without attachment of the property before judgement.

11. I further submit that the respondent/defendant is having knowledge and

deliberately avoiding and neglecting to pay the said due amount with malafide
intention to loss & harass for me. The respondent/defendant is liable to pay
the same along with interest 24% P.A. Therefore I have no other alternative and
efficacious remedy to except to approach this Hon'ble Court for redressal of the
grievance by way of the present suit and to seek a decree for recovery of Rs.
11,56,000/- (Rupees Eleven Lakhs Fifty Six Thousand Only) along with
interest.

12. I further submit that I apprehend that the respondent/defendant may

leave the jurisdiction of this Hon’ble Court at any point of time. If he does so I
will be put to serious loss and hardship and I further submit that to my
knowledge the respondent/defendant and the respondent/defendant husband
in collusion with each other and the respondent had entered into agreement of
sale with third parties with illegal gain.

DEPONENT Contd., 5
 :: 5 ::
13. I further submit that the respondent/defendant incollusin with each
other since one week they has been making hectic efforts to alienate the
schedule property mentioned below. If they do so, there remains nothing for me
to recovery the amounts from the respondent/defendant.

SCHEDULE PROPERTY
All that the residential Flat No. G3 (Ground Floor) admeasuring 725 Sq.
Fts., (including common areas) with undivided share of land of 25 Sq. Yards or
20.9 Sq. Mtrs, (out of total area 329 Sq. Yds.) constructed on Plot No. 12 in Sy.
No. 182, residential complex known as “BVR Nivas” situated at Jawahar
Colony, Chandanagar, Serilingampally Mandal and Municipality, Dist: Ranga
Reddy and bounded by:

North : Open to Sky

South : Staircase

East : Corridor 4 ft wide

West : Open to Sky

It is therefore prayed that the Hon’ble Court may be pleased to grant ad-
interim injunction order against the respondent for restraining the respondent
her agents, servants, nominees or any person claiming through them from
alienating or mortgaging, sale, gift of the “PETITION SCHEDULE PROPERTY” to
third parties pending till disposal of the suit and pass such other order or
further orders deem fit and proper, in the interest of justice. Otherwise I will be
put to serious loss and hardship and which cannot compensate any means and
in the circumstances of the case.

Sworn and signed on this the

day of August 2016 at Deponent
L.B. Nagar.

ADVOCATE/L.B. Nagar
 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.

I.A. No. of 2016

IN
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish, S/o. K.V.N. Bhaskara Rao,
Aged about 30 years, Occ.: Business,
R/o. # C/o. “Square Plaza”, Plot No. 25/A,
Indian Petrol Bunk Back side, Miyapur X Road,
Miyapur, Dist: Ranga Reddy-T.S. ……PETITIONER/PLAINTIFF
A N D
Smt. Kola Ushasri, W/o. K. Ramadri,
Aged about 31 years, Occ.: Business,
R/o. Flat No. G3, BVR Nivas,
Jawahar Colony, Chandanagar,
Hyderabad-Telangana. …….RESPONDENT/DEFENDANT

PETITION FILED UNDER ORDER 39 RULE 1 & 2, R/w. 151 of C.P.C.

For the reasons mentioned in the accompanying affidavit, the petitioner

herein prays that this Hon’ble Court may be pleased to grant ad-interim
injunction order against the respondent for restraining the respondent her
agents, servants, nominees or any person claiming through them from
alienating or mortgaging, sale, gift of the “PETITION SCHEDULE PROPERTY” to
third parties pending till disposal of the suit and pass such other order or
further orders deem fit and proper, in the interest of justice. Otherwise I will be
put to serious loss and hardship and which cannot compensate any means and
in the circumstances of the case.

PETITION SCHEDULE PROPERTY

All that the residential Flat No. G3 (Ground Floor) admeasuring 725 Sq.
Fts., (including common areas) with undivided share of land of 25 Sq. Yards or
20.9 Sq. Mtrs, (out of total area 329 Sq. Yds.) constructed on Plot No. 12 in Sy.
No. 182, residential complex known as “BVR Nivas” situated at Jawahar
Colony, Chandanagar, Serilingampally Mandal and Municipality, Dist: Ranga
Reddy and bounded by:

North : Open to Sky

South : Staircase
East : Corridor 4 ft wide
West : Open to Sky

PLACE: Hyderabad.
DATE: COUNSEL FOR THE PETITIONER/PLAINTIFF
 IN THE COURT OF THE HON’BLE PRL. SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
O.S. No. OF 2016
BETWEEN:
Sri Kottapalli Venkata Naga Satish
……PLAINTIFF
A N D
Smt. Kola Ushasri
….DEFENDANT

THIRD PARTY AFFIDAVIT

I, Matapathi Shiva Kumara Swamy, S/o. M. Mallikarjuna Swamy, Aged

about 47 years, Occ.: Business, R/o. H. No. 25-29-42/A, Mayurinagar, IT
College Back Side, Ramachandrapuram, Dist: Medak-502 032, do hereby
solemnly and sincerely affirm and sincerely state on oath as follows:

1. I am the deponent herein and the third party in the above case, I well
acquainted with the facts of the case.

2. I submit that I know the plaintiff and defendant. As I am doing real

estate business. I am also one of the witness of the Loan agreement and the
defendant and at the time of loan agreement the defendant pay the loan
amount on 25-04-2015 and if not paid the defendant will hand over the
property of her name infavour of the plaintiff on 21-11-2014 and after the
plaintiff filed a criminal case against the defendant and the same is pending
before the Miyapur Court. I recently came to know that the defendant making
hectic affords to dispose of the schedule property infavour of third parties with
the malafide intention to defraud the petitioner money. Hence, this affidavit.

Sworn and signed on this the

day of August 2015 at DEPONENT
L.B. Nagar.

ADVOCATE / L.B. Nagar.