Deficiency Upon a Resale [GOODS Sold at Auction]
Reference draft used in Indian courts — replace the blanks with your own case details.
1. On the ........ day of .......20......, the plaintiff put up at auction sundry , subject to the condition that all goods not paid for and removed by the purchaser, within after the sale should be re sold by auction on his account, of which condition the defendant had notice.
2. The defendant purchased at the auction at the price ...... rupees.
3. The Plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for after.
4. The defendant did not take away the goods purchased by him, nor pay for them within after the sale, nor afterwards.
5. On the ....... day of ........19......, the plaintiff resold the , on account of the defendant, by public auction, for...... rupees.
6. The expenses attendant upon such resale amounted to ...... rupees.
7. The defendant has not paid the deficiency thus arising, amounting to........ rupees.
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.