District: South 24
parganas
IN THE COURT OF THE LEARNED
CIVIL JUDGE JUNIOR DIVISION AT DIAMOND HARBOUR
Title suit no. of 2016
Sri Shankar Das
Son of Sri Subal Chandra Das
Residing at Village-Dakshin
Sargoria,
Haridanagar,
P.O. & P.S. Falta,
District-
South 24 Parganas,
Pin-
743504
……………. Plaintiff
-Versus-
1. The Branch Manager
Bank of India
Bibirhat more Branch
Vill. & P.o. Bibirhat,
Dist. South 24 Parganas,
Pin- 743368
2.
The Chief Manager
Bank of India
Howrah Zonal Office
5, B.T.M. Sarani,
Kolkata- 700001,
Dist. South 24 Parganas,
…………………. Defendants
AN
APPLICATION UNDER ORDER 39 RULE 1 AND 2
READ WITH SECTION 151 OF
THE C.P.CODE
The humble
petition on behalf
of the Plaintiff abovenamed.
Most respectfully sheweth :-
1.
That your
petitioner/plaintiff has filed the instant case for declaration and injunction
against the defendants on the grounds as stated in the plaint.
2.
That in nutshell
the facts of the case is described below.
3.
That the
plaintiff is the absolute owner of the vehicle being No. WB 19E 7963(Bus).
Xerox copy of certificate of
registration, vehicle permit, insurance policy and road tax are annexed
herewith as marked “A1, A2, A3 & A4” respectively.
4. That the plaintiff had
took a loan from the Defendant no.1 against the vehicle being No. WB 19E 7963 (Eicher
Bus) which had been purchased by the plaintiff for his business purpose and where
the loan account No. is 433272310000047.
5.
That after taking the aforesaid loan your plaintiff
regularly paid his EMI through his saving Bank being account no. , Bank of India, , P.O. , Dist. South 24 Parganas, and Pin- regarding his loan account.
6.
That after
purchased the said bus your plaintiff had suffer a tremendous trouble because
that bus was defective and not fit for run on the road and due to that reason
your plaintiff business had been suffer tremendously and your plaintiff
business had been running on loss and for that reason your plaintiff failed to
pay his EMI for few months but after that he paid his EMI regularly.
7.
That on 09.10.2015 defendant no.1 send a letter to your
plaintiff where they mentioned that your plaintiff was defaulter of payment of
Rs. 08, 69,442/- plus interest but the interest amount has not mentioned on the
letter after that when your plaintiff has been taken the statement of account
from his bank then he found that the overdue amount which has been paid by your
plaintiff does not shown in Bank Statement of his loan account.
Xerox copy
of defaulter letter dtd. 09.10.2015
is annex herewith as “B”.
8.
That after in
several times your plaintiff go to the defendants office and meet the
responsible officer to clarify the aforesaid dispute but in every time they
refused to clarify and denied any assist regarding the overdue amount which has been paid by your plaintiff does
not shown in Bank Statement of his loan account.
Xerox copy of statement of account is annex herewith as “C”.
9.
That after your
plaintiff send a letter to your defendant no.1 where he stated that he is a
disable person and due to the defective condition of the bus his business has
been running loss and for that reason his financial condition has worst suffer
and due to that he was failed to pay his EMI for three to four months but after
that he tried to pay his EMI regularly.
10.
That after your plaintiff send a letter to the
defendant no.1 and defendant no.2 on 21.12.2015 through his Advocate Mr. Ashok
Kumar Singh where he seeks to get itemized statement of his account with total
clarification of every debit and credit from the defendants regarding his loan
account but unfortunately the defendants has not intend to reply the same.
Xerox copy of
Advocate letter is annex herewith as “D”.
11.
That at present the defendants are try to grab
the vehicle being no. WB 19E
7963 (Bus) from the plaintiff by illegally and also the plaintiff is threatened
by the defendants that they will ready to snatched the aforesaid vehicle from
the road at any time.
12.
That after the
plaintiff went to the local police station Falta where he lodged a complaint
against the defendants on
but the defendant did not bother to stop his wrongful act whereas day by
day his wrongful act is going to be increased.
Xerox copy
complaint letter is annex herewith as “E”.
13.
That the plaintiff movable property i.e. the
vehicle being no. WB 19E 7963 (Bus)
is being threatened with dispossession by the defendants and as such in order
to permanent injunction restraining the defendant from disturbing the plaintiff
peaceful possession and dispossession forcibly from the said vehicle being no. WB 19E 7963 (Bus) and further
restraining the defendant to stop creating disturbance to the plaintiff for
forcibly grab the aforesaid vehicle being no. WB 19E 7963 (Bus) till disposal of the suit.
14.
That the
aforesaid facts done by the defendant and also starting their illegal act is
the reason than that your plaintiff was dispossession on his movable property
i.e. one vehicle being no. WB 19E
7963 (Bus). And that also in reason your plaintiff has declared that he
is the absolute owner of the vehicle
being no. WB 19E 7963 (Bus).
15.
That there is urgency to file the suit as well
as the petition for injunction.
16.
That the balance of convenience and
inconvenience are entirely in favour of the plaintiff.
17.
That the plaintiff has got prima facie case to
file the instant petition for injunction.
18.
That if the injunction is not granted in
favour of the plaintiff, he will suffer irreparable loss and injury.
It is therefore humbly prayed that your
Honour may be pleased to pass an order
of
injunction.
i.
Restraining the defendants and their man
agent
from disturbing and/or trying to
grab
the plaintiffs vehicle being no.WB
19E 7963 (Bus).
ii.
Restraining the defendants and their man
agent
from disturbing and/or encroach
illegally to
the plaintiffs vehicle being no.WB
19E 7963 (Bus) without by due process of law.
iii.
Restraining the
defendants to stop
the snatch
or forcibly grab the plaintiffs vehicle being no.WB 19E 7963 (Bus).
iv.
Restraining the defendants
from changing the
nature
and character of the suit property in
any
manner whatsoever.
And an
ad-interim order of injunction in terms
of the
above effect and to pass such other order or orders as your Honour may deem fit
and
proper.
And for this your petitioner, as in duty bound shall
ever pray.
SCHEDULE
ALL THAT piece and parcel of one vehicle being no. WB 19F 6274(Eicher Bus) owner of Sri
Shankar Das Son of Subal Chandra Das , Residing at
Village- Dakshin Sargoria, Haridanagar,P.O.
& P.S. Falta, Pin- 743504, District- South 24 Parganas.
AFFIDAVIT
I, Sri Shankar Das
Son of Subal Chandra Das, aged about years, by faith- Hindu, by occupation- business,
residing at Dakshin Sargoria, Haridanagar,
P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas, do hereby
solemnly affirm and declare as follows:-
1.
That
I am the plaintiff in the instant suit and as such am well conversant with the
facts and circumstances of the case.
This is true to my knowledge.
2.
That
the statements made in the foregoing paragraphs 1 to 19 above are true to the
best of my knowledge and belief and the rest thereof are my humble submission
before this learned Court.
-----------------------------
DEPONENT
Readover, explained in Bengali
and Identified by me.
Advocate
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