Before The Hon’ble Banking Court Hyderabad

Suit No. __________ of 2021

Habib Bank Limited Hyderabad branch Qasimabad  ………….  Plaintiff

V E R S U S

1.     M/S Lucky traders through its proprietor Hassan Khan Son of Ahmed Hussain R/o House No.54 Qasimabad Hyderabad

2.     Raza Muhammad Son of Ahmed Hussain

 R/o Kotri Twon Taluka Kotri District Jamshoro ……….Defendant

 

SUIT UNDER SECTION 9 OF THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001, FOR PERMANENT INJUNCTION ALONGWITH OTHER RELIEFS IN TERMS OF THE PRAYER AS CONTAINED IN THE PLAINT.  

Respectfully sheweth:

1.                That correct addresses of the parties have been supplied in the heading of the Plaint which is sufficient for the purposes of service of Notices/Summonses and other allied processes that may be issued by this Hon’ble Court from time to time.

2.                That Defendant No.1 applied loan according to Running Finance facility (HYD) of Rs.50,00,000/- (Fifty lac) from Habib Bank 0Limited Qasimabad Branch Hyderabad on 01-01-2020.

2.                 That defendant in surety submitted the residential pilot in the name of defendant No.2 viz. Industrial plot 77, block NO.5-A, admeasuring 1000 sq ft. Yard situated @ Site Area Kotri owned by defendant No.2. Raza Muhammad.

3.                 The loan expiry date fixed 31-12-2020 with payment of markup @ 6% per annum at present in amount of Rs.53,00,000/- which outstanding against the defendant No.1 which the defendants jointly liable to pay.

4                  That the defendant NO.1 have not paid amount principal as well markup according to finance loan.

5.                 That the defendant NO.2 is responsible for repaid the loan of defendants No.1.

6.                 That such notices for repayment have served upon defendants but not do not gave response in compliance of notices.

7.                That the Defendant No.1 is a ‘Customer’ of the plaintiff  the present case for the redress of grievance plaintiff arising out of the default, committed by the Defendants of its obligations towards the Plaintiff. 

8.              That the Plaintiff seeks rendition of his account with the Defendants on as well as a permanent injunction, inter alia, the following:

G R O U N D S

A).     That the Defendants have failed to honor its contractual obligations towards the Plaintiff, inasmuch as, it failed to disburse the whole amount of ‘Personal Loan facility’ initially offered to the Plaintiff.

B).      That the Defendant  failed to provide any statement of account to the Plaintiff.

C).     That the Defendants are claiming an exaggerated rate of mark-up and is levying other illegal penal charges on the Plaintiff.

9.              That the cause of action arose in favor of the Plaintiff and against the Defendants, firstly, when the Defendants contacted the Plaintiff with an offer to disburse Personal Loan facility, secondly, when the Defendants failed to disburse the whole amount to the Plaintiff, thirdly, when the Defendants  failed to issue a statement of account to the Plaintiff, fourthly, when the plaintiff started demanding an exaggerated amount of mark-up and other penalties, fifthly, when the Defendants started harassing the Plaintiff, and lastly a few days ago when the Defendants flatly refused to render accounts of the Plaintiff, and the cause of action still continues.

10.              That the value of Suit for the purposes of court fee and jurisdiction is fixed at Rs.20/-, which is exempted from the payment of Court Fee.

IN VIEW OF THE FOREGOING FACTS, REASONS, AND CIRCUMSTANCES, the Plaintiff prays for the following reliefs: –

a)       A Judgment & Decree be graciously passed in favor of the Plaintiff and against the Defendanta for the rendition of the Plaintiff’s accounts with the defendants

b)      The Defendants may be directed to provide all the documents relating to the disbursement of the aforementioned Personal Loan facility and also to furnish a complete and certified Statement of Account in respect of the Plaintiff’s account. 

c)       The Defendants be directed to disburse the whole amount of the sanctioned Personal Loan facility.

f)        The Suit of the Plaintiff is decreed with costs along with all expenses incurred and/or to be incurred by the Plaintiff during the pendency of the Suit.

Any other relief which this Hon’ble Court may deem fit and proper be also awarded to the Plaintiff. 

Respectfully presented by:

PLAINTIFF

Through:

(SIRAJ UDDIN)

 Advocate

Address of the office Rabia Square Flat NO.58-A Hyderabad

VERIFICATION:

                   Verified on oath at Hyderabad this   day of __________, 2021 that the contents of Paras No.1 to 10 are true and correct to the best of my knowledge and belief and that nothing material has been concealed therein.

                                                                                PLAINTIFF