Petition for Sufficient Cause

 

 

 

 

 

IN THE DEBT RECOVERY TRIBUNAL – II, KOLKATA.

15N, Nellie Sengupta Sarani, 4^th 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, 4^th 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 CALCUTTA.