IN THE DEBT RECOVERY TRIBUNAL –
II, KOLKATA.
15N, Nellie Sengupta Sarani, 4th
Floor, Kolkata – 700 087.
O.A. No. 111
of 2007.
BETWEEN
SYNDICATE
BANK_____APPLICANT.
A N D
Petition for Sufficient Cause
MR. ASIS MONDAL
& OTHERS.___________DEFENDANTS.
The humble petition
of the above named defendant nos. 1, 2, and 3, Sri Asis Mondal, Smt. Sujata
Mondal, and Sri Pradip Kumar Mondal, most respectfully;
Sheweth as under :
1.
That
on the earlier occasion which was fixed for the Written Statement by the
Defendants, and whereas the defendants failed to submit their Written Statement
through their Learned Advocate, since their Learned Advocate was out of station
without any communication thereof, since, he was an urgent engagement and as
such Junior Advocate appears on behalf of the defendants and to place
submission before the Learned Debt Recovery Tribunal – II, Kolkata, and whereas
the Learned Tribunal was pleased to pass necessary order as to waive the right
of the defendants to file Written Statement in the proceedings as referred
herein above, and fix up the next date for Evidence by the Applicant.
2.
That
the Defendants always intended to file their Written Statements as to answer
and or objection of the application filed by the applicant, and would contest
the present proceeding in the interest of justice.
3.
That
the reasons stated herein above are beyond the control of the defendants and
whereas a mistake caused by the Learned Advocate of the defendants, which was
not intended in any manner, may be condoned in the interest of administration
of justice.
4.
That
the Defendants placed their unconditional apology and seeks to get an
opportunity to file their Written Statement in the present proceeding.
5.
That
the Defendants undertake that such mistakes would not be repeated on any
occasions and shall remain present on all and on every occasions of hearing of
the above referred suit / proceeding before the Learned Tribunal.
6.
That
unless the Written Statements by the Defendants, accepted by this Learned
Tribunal, the Defendants, will be highly prejudice and suffer with irreparable
loss and injury.
7.
That
in view of such facts, the defendants seeks the acceptance of Written Statement
filed herewith, by the Learned Tribunal, in the interest of administration of
justice.
8.
That
this application is made bonafide in the interest of administration of justice.
It is therefore
prayed that your Honour would be graciously pleased to allow this application
and to accept the Written Statement of the defendant nos. 1, 2, and 3, in the
interest of administration of justice, and to pass such other necessary order or
orders as your Honour may deem, fit and proper for the end of justice.
And for this act of kindness,
the Petitioners, as in duty bound shall ever pray.
AFFIDAVIT
Affidavit of Asis Mondal, Son
of Sri Amiya Mondal, aged about _______ years, by faith Hindu, by Occupation – Business,
residing at 3A, M.M. Dutta Road, Post Office and Police Station – Budge Budge,
Kolkata – 700 137, District – South 24 Parganas.
.
I,
the above deponent do hereby solemnly affirm and declare as under :-
1
: That I am the defendant no.1 in the above Suit / case, thoroughly conversant
with the facts and circumstances of the present case and am competent to swear
this affidavit. I am also duly authorized to swear this affidavit on behalf of
the defendant no. 2, Smt. Sujata Mondal and defendant no. 3, Sri Pradip Kumar
Mondal.
2
: That the facts contained in aforesaid petition, the contents of which have
not been repeated herein for the sake of brevity may be read as an integral
part of this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I,
the above named deponent do hereby solemnly verify that the contents of my
above affidavit are true and correct to my knowledge, and no part of it is
false and nothing material has been concealed therein.
Verified
this ………….the day of …………….2013, at Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:……………2013.
Place : Kolkata. N O T A R Y
IN THE DEBTS RECOVERY TRIBUNAL
– II, KOLKATA.
15N,
Nellie Sengupta Sarani, 4th Floor, Kolkata – 700 087.
O.A. no. 111 of 2007.
DENA BANK_________APPLICANT.
A N D
SRI. DULAL CHANDRA NASKAR &
ORS. __________DEFENDANTS.
Petition for Sufficient Cause
Shown
PROVAT KUMAR SIL
ADVOCATE.
HIGH COURT AT
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