Wednesday, June 9, 2021

substitution petition in complaint case under Cr. P. C.

 

In the Court of the Learned 10th Judicial Magistrate at Alipore, 24-Parganas South.

 

                                                Complaint Case number 1499 of 2002.

 

                                                In the matter of :-

Substitution Petition.

South 24-Parganas Regulated Market Committee,

                                                ……..Complainant.

-          Versus –

 

M/s. Monarch ( India ) Private Limited, and others.

                                                …….Accused.

 

The humble petition of the above named Complainant, most respectfully;

Sheweth as under :-

 

1 : That the Complainant, is a statutory body corporate constituted under Section 5 of the West Bengal Agricultural Produce Marketing ( Regulation ) Act’ 1972, and the Complainant is represented by its Secretary. The Secretary who represented the complainant on earlier occasions in the above noted case matter, has been transferred to some other Govt. Department in the Public interest, and the New Secretary Sri Tamal Das, AAMO ( Administrative), Kolkata, hold the chair of Secretary under the Complainant, since the date of his joining, in the month of March’ 2012, vide Notification no. 296 – MW & C/AM/O/12A-3/2011 dated 6th February’ 2012,issued under an order of Governor of West Bengal.

 

“A”                  ( Xerox copy of the said Notification is enclose herewith and marked as Annexure – “A” ).

 

2 : That in the afore stated circumstances, the Secretary Sri Tamal Das, AAMO ( Administrative ), Kolkata, has been substituted to the previous and existing Secretary of the Complainant. The Secretary Sri Tamal Das, AAMO ( Administrative ), Kolkata, will conduct the above noted case matter and he will sign or verify the necessary documents or paper or papers and / or affirm the necessary things and act in pursuance of the order / memo / notification / other directions of the complainant.

 

3 : That the Complainant states and submits that this is the legal requirement in the event of afore stated circumstances, that the Old Secretary should be substituted by the New Secretary, in the above noted case matter for the fair administration of justice.

 

 

 

 

 

 

 

4 : That this application is made bonafide in the interest of justice.

 

In the above mentioned circumstances, it is prayed that your Honour would be graciously pleased to allow this application by substituting the name of its Secretary in the above noted case matter, and / or 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 Petitioner as in duty bound shall ever pray.

 

 

 

 

Verification

 

I, Sri Tamal Das, AAMO ( Administrative ), Kolkata, being the Secretary of the Complainant, made this application and duly verify on …………………… 2013, at Alipore.

 

 

 

                                               

                  

 

                                                                             Sri Tamal Das.

 

                                                                                                Identified by me,

 

 

                                                                                                Advocate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

 

I, Sri Tamal Das, Son of ………………………………Secretary of South 24-Parganas Regulated Market Committee, having it’s office at S.D. Chatterjee Road, Baruipur, 24-Parganas South, do hereby solemnly affirm and says as follows :-

 

1 : That I am competent to swear this affidavit. I am entrusted by the Complainant to made this Application before the Learned Court of Law.

 

2 : That I am Conversant with the statements as made in the foregoing paragraphs of this application.

 

                                                            -----it is true to my knowledge and belief.

 

 

 

 

 

           

 

                                                                                                DEPONENT.

 

 

Identified by me,

 

 

                                                                             Advocate.

 

Prepared in my chamber,

 

 

Advocate.

 

 

 

 

 

 

 

 

 

 

                                                            N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

VAKALATNAMA

 

District : South 24-Parganas.

In the Court of the Learned 10th Judicial Magistrate, at Alipore, South 24-Parganas.

                                                 Case no. 1499 of 2002.

 

            South 24 Parganas Regulated Market Committee.                 ………..Complainant.

 

Versus

 

 M/s. Monarch ( India ) Priavte Limited, and others

                                                            .                       ……….…Opposite Parties.

 

KNOW ALL MEN by these presents that I / We Sri Tamal Das, Son of ………………………………Secretary of South 24-Parganas Regulated Market Committee, having it’s office at S.D. Chatterjee Road, Baruipur, 24-Parganas South,

   do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY  to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

 

This the …………………day of ………………2013.

 

 

Sri Ashok Kumar Singh, Advocate. Sri Rabindra Nath Das, Advocate.

Sri Saheb Halder, Advocate. Sri Manoj Halder, Advocate.

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