In a Suit if the Negotiable instrument lost from the banker, they will have to filed declaration in the court under Order VIII Rule 16 of Code of Civil Procedure.
Sample Format of Affidavit by banker under order VII Rule 16 of CPC is as under.
IN THE COURT OF _________________ AT NEW DELHI
ORIGINAL PETITION NO _____ OF 20__
IN THE MATTER OF:
MR. ____________ PLAINTIFF
I, __________________, Son of Shri. _______________, aged about __ years,
resident of ________________________________, New Delhi _____, do hereby
solemnly affirm and declare as under:
1. I am the Branch Manager of _________ Branch of the plaintiff bank. Being well acquainted with the facts and circumstances of the case, I am competent and duly authorised to swear to this affidavit and will refer to myself as the plaintiff bank hereinafter.
2. The defendant abovenamed issued a cheque No ______ dated for a sum of
Rs ___________ to _______________.
3. The said cheque was presented by the defendant on to the plaintiff bank for collection.
4. In due course of business the said cheque was sent to for collection by post.
5. In the meantime, the defendant requested the plaintiff bank to advance Rs _____ being the proceeds of the said cheque and the plaintiff bank, in good faith, allowed the defendant to withdraw the amount covered by the cheque on _____.
6. On the enquiries made by the plaintiff bank, the ____________ Bank, ___________, by letter dated_______ , informed the plaintiff bank that the said cheque was never received by them.
7. It is apparent that the cheque so sent was lost in transit.
8. In view of the above contingent situation, the plaintiff bank requested to issue another cheque in lieu of the lost cheque, but the defendant refused to do so.
9. It is amply clear from the facts mentioned above that the cheque in question was lost due to circumstances beyond the control of the plaintiff bank and not owing to any willful default, neglect or laches on the part of the said bank.
10. It is further assured that the lost cheque, if and when traced out, the plaintiff bank shall produce the same before this Hon'ble Court.
I the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
Rule 16 Order VII "Suits on lost negotiable instruments"
Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.