Name: Akash Warang

Institution Name- VPMs TMC Law College, Thane, Maharashtra

Registered email id akashwarang@ymail.com

Written Statement of - Suit for Non-Payment of Debt when a day is

specified for Payment

In the Bombay High Court, Civil Jurisdiction

Mr. Jagmohan Das.. Plaintiff

49/A Lok Apartments
Shankar Lane
Mumbai

Versus

Mr. Manohar Lal.Defendant

21/B Shanti Apartments
New Malti Lane
Mumbai

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER

VIII, RULE.1, C.P.C.
The defendant replies as under:
1. The defendant did take a loan of Rs.50,000 but it was for a flexible period and
was not due for a period of one year.
2. The plaintiff does not have any right to sell the gold coin, as the gold coin
belongs solely to the defendant and the defendant has fulfilled all the
stipulated conditions and promises.
3. The defendant did take a loan on 22nd August 2013, but did not promise to pay
on the 22nd of August 2014.
4. The defendant tried to repay Rs.30,000 to the plaintiff on the 23rd August 2014
as a part payment of debt but was turned down by the plaintiff.
5. A complete payment of debt and interest was made via cheque, but the
plaintiff returned the cheque.

6. It is the plaintiff who is acting unreasonable and having malice against the
defendant; and is trying to force the defendant to give up the gold coin..
7. Para 4 denied
8. Para 7 denied
9. Hence, it is prayed that this Honble Court may be pleased to i)
Dismiss the suit
ii)
Order the plaintiff to accept Rs.62,000 as full and final payment of
debt
iii)
Return the possession of gold coin to defendant

Place: Mumbai

(Signature of the defendant)

Date: 20th September 2014

XYZ
Advocate

I, Mr. Manohar Lal, do hereby solemnly verify that the contents from paras 1 to 8 are
correct and true to the best of my knowledge and contents from para 9 is based on
legal advice, which I believe to be correct. Affirmed at Mumbai this 20th Day of
September 2014.

(Signature)
Defendant