IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
SUIT NO. ______/24

_____________________, through ____________________
Head _______________,
________________________, Lahore
…PLAINTIFF

VERSUS

________________________, Sole Proprietor of _____________________,
__________________________, Lahore

________________________ (Bank)
…DEFENDANTS

SUIT FOR DECLARATION, CANCELLATION OF CHEQUES WITH PERMANENT INJUNCTION

Respectfully Sheweth:

That the plaintiff is a public limited company registered under the Companies Ordinance, having its registered office at ___________________, Lahore. This suit is filed through its authorized representative Mr. _______________, whose authority is confirmed through a resolution attached herewith.

That the defendant No. 1 is a civil contractor, operating under the name and style of ________________. Defendant No. 2 is the bank where the plaintiff’s accounts are maintained.

That the plaintiff issued conditional cheques to defendant No. 1, linked with the completion of construction work at one of its housing schemes. However, the defendant No. 1 is now unlawfully demanding encashment without fulfilling the necessary contractual obligations.

That two contracts were awarded to defendant No. 1: one dated ___________ for rectification work, wherein an excess amount of Rs. ___________ was claimed; and the second dated ___________ concerning the remaining work of ______ houses. Cheques amounting to Rs. ___________ were issued as security, of which Rs. ___________ were encashed despite the engineer only approving Rs. ___________, resulting in wrongful encashment of Rs. ___________.

That the defendant No. 1 retains two cheques, each amounting to Rs. ___________, which are also conditional upon satisfactory project performance. The plaintiff has formally requested defendant No. 2 to halt payment, yet defendants are attempting encashment.

That the cheques were never meant to be encashed without formal project approval. The matter is under litigation, and final settlement is pending. The defendants' attempts to encash said cheques are unlawful, hence the necessity of this suit.

That the cause of action initially arose on ___________, and has since recurred with each unlawful attempt to encash the cheques, most recently on ___________.

That this Honourable Court has territorial jurisdiction as all events and the subject property fall within Lahore.

That the suit is valued at Rs. ___________ for jurisdiction and court fee purposes; appropriate fee has been affixed.

PRAYER
In view of the foregoing, it is respectfully prayed that this Honourable Court may graciously be pleased to:

i. Declare that the disputed cheques No. ______________ & ______________ dated ______________ & ______________ respectively, each for Rs. ___________, drawn on ____________________, are void and liable to cancellation;

ii. Direct that said cheques be delivered up and cancelled as not binding upon the plaintiff;

iii. Grant any other relief deemed appropriate in the circumstances.

PLAINTIFF
Through Counsel

Advocate
(Address & Credentials Hidden)

VERIFICATION
Verified on oath at Lahore this ___ day of __________ 20__ that the contents of paragraphs 1 to 6 are true and correct to the best of my knowledge, and those of paragraphs 7 to 9 are true and correct to the best of my information and belief.

PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
C.M. No. ___/24
In Suit No. ____/24

Titled:

Plaintiff 

Versus
______________________ & Another

(Suit for Declaration, Cancellation of Cheques with Permanent Injunction)

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC
FOR GRANT OF TEMPORARY INJUNCTION

Respectfully Sheweth:

That the applicant/plaintiff has filed the above-titled suit; the same is pending before this Honourable Court and is yet to be fixed for hearing.

That the contents of the plaint may kindly be read as an integral part of this application.

That the applicant has a prima facie case in his favour.

That the balance of convenience also lies in favour of the applicant.

That irreparable loss shall be caused to the applicant if the respondents are not restrained from encashing or utilizing the disputed cheques.

That the circumstances warrant grant of interim relief in the interest of justice.

PRAYER

It is therefore respectfully prayed that:

The respondent No. 2 may kindly be directed to maintain status quo with respect to cheque No. _______________; and

The respondent No. 1 may kindly be restrained from presenting or using the same till final disposal of the suit;

An interim injunction to this effect may also be granted during pendency of the suit.

APPLICANT
Through Counsel

Advocate
(Address & Credentials Hidden)