Saturday, March 25, 2023

Title Suit for Declaration and Permanent Injunction / Civil Suit / Suit

 

 

 

District: South 24 parganas

IN THE COURT OF THE LEARNED CIVIL JUDGE JUNIOR DIVISION AT DIAMOND HARBOUR

                                                    Title suit no.                 of 2016

                                                                                                          

                                                          Sri Bhaskar Mallick

                                                    Son of Sudhanshu Mallick

                                                    Residing at Village- Shyamsunderpur,                                                             

                                                    P.O. & P.S. Falta,                                          

                                                      District- South 24 Parganas,

                                                      Pin- 743504                                                                                                             

                                                                                         ……………. Plaintiff

         

         -Versus- 

                                                

                                                  1. The Branch Manager

                                                          State Bank of India

                                                          Falta Exp Processing Zone

                                                          P.o. Nainan, P.S. Falta

                                                          Dist. South 24 Parganas

                                                          Pin- 743504

 

                                                      2. The Branch Manager

                                                        State Bank of India

                                                           Alipore Court Treasury

                                                           P.o. Alipore, P.S. Alipore

                                                           Kolkata- 700027

                                                           Dist. South 24 Parganas

                             

                                                      3. The Assistant General Manager

                                                           State Bank of India,

                                                           SMECC, Ballygunge,

                                                           50 A, Gariahat Road, 4th floor,

                                                           Kolkata- 700019

                    …………………. Defendants

                                                 

 

 

 

 

 

 

                   SUIT FOR DECLARATION AND PERMANENT INJUNCTION

 

                                            VALUED AT RS.1,00,000/- ONLY

 

                                          

 

      The Plaintiff states as follows:-

 

 

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.

 

1.        That the plaintiff is the absolute owner of the vehicle being No. WB 19F 7481(Bus).

 

2.     That the plaintiff had took a loan from the Defendant no.1 against the vehicle being No. WB 19F 7481(Bus) which had been purchased by the plaintiff for his business purpose and where the loan account No. is 33070207861.

 

3.        That after taking the aforesaid loan your plaintiff regularly paid his EMI through his saving Bank being account no. 20041863528, State Bank of India, Falta Exp Processing Zone, P.O. Nainan, Dist. South 24 Parganas, and Pin- 743504 regarding his loan account.

 

4.     That after when your plaintiff updated his pass book then he found several unknown debit entry, which he could not understand for what such debit has been made by the defendants in his savings account regarding the Loan Account.

 

5.  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 aforesaid whispering amount which has been deducted from your plaintiff account.

 

6.     That on 18.11.2015 the defendant no.3 send a letter to your plaintiff for NPA settlement under National Lok Adalat , where they said that your plaintiff’s due amount was Rs. 1537875.00 plus interest due & other expenses but not narrated how that amount has been calculated by them and for that reason your plaintiff denied to settle the matter by Lok Adalat and not only that but also the defendants never provide the statement account with total clarification of every debit and credit regarding his loan account.

 

 

7.     That after your plaintiff send a letter to the defendant no.1 and defendant no.2 on 28.12.2015 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.

 

8.         That at present the defendants are try to grab the vehicle being no. WB 19F 7481(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.

 

9.        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.

 

10.    That the plaintiff movable property i.e. the vehicle being no. WB 19F 7481(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 19F 7481(Bus) and further restraining the defendant to stop creating disturbance to the plaintiff for forcibly grab the aforesaid vehicle being no. WB 19F 7481(Bus) till disposal of the suit.

 

11.      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 19F 7481(Bus). And that also in reason your plaintiff has declared that he is the absolute owner of the vehicle being no.WB 19F 7481(Bus).

 

 

 

15.That the cause of action arose on   .   .2016 as well as on             and the same is continuing regarding the suit property i.e. vehicle being no. WB 19F 7481(Bus) owner of the plaintiff resided at Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

 

16.That the suit is valued of Rs. 1,00,000/- for declaration and permanent injunction and advolram and fixed court fees has been paid there on.

 

 

                                                   The Plaintiff prays for:

                                                                                                                                           

                                                                                                              i.            A decree for declaration that the plaintiff

Is an absolute owner of vehicle being no. WB 19F 7481(Bus) owner of the plaintiff resided at Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

 

 

 

 

 

 

 

                                                                                                            ii.            A decree for permanent injunction restraining the defendant and their man agent from

disturbing and/or encroach illegally to the plaintiffs vehicle being no.WB 19F 7481(Bus) without by due process of law.

 

                                                                                                          iii.            Restraining the defendants to stop

the snatch or forcibly grab the plaintiffs vehicle being no.WB 19F 7481(Bus).

 

                                                                                                         iv.            A decree for permanent injunction restraining the defendants from changing the nature and

                                                      character of the suit property in any manner

                                                      whatsoever.  

 

                                                                                                           v.            Costs

 

                                                                                                         vi.            Any other legal or equitable relief or reliefs the

                                                      Plaintiff is entitled to under law and equity.

 

 

 

                                 

                                                                                                                                                             

                                          

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                             

                                                 

 

 

                                                       SCHEDULE

 

ALL THAT piece and parcel of one vehicle being no. WB 19F 7481(Bus) owner of Sri Bhaskar Mallick Son of Sudhanshu Mallick, Residing at Village- Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

 

 

 

 

 

Documents filed along with the Plaint

 

 

1.     Xerox copy of certificate of registration, vehicle permit, insurance policy and road tax.

 

2.      Xerox copy of updated Passbook.

 

3.     Xerox copy of NPA settlement letter dtd. 18.11.2015.

 

4.     Xerox copy of two Advocate letter dtd. 28.12.2015

 

5.      Xerox copy of complaint letter

 

 

 

 

 

 

 

                                          VERIFICATION

 

I, Sri Bhaskar Mallick, the plaintiff here in do hereby declare and state that the statements contained in paragraphs 1 to 16 above are true to the best of my knowledge and rest are my humble submission before the Ld. Court and I sign this verification on                             at advocate chamber.

 

 

 

 

 

                                                                                                                                                                                                                                                          

 

 

 

 

                                                     AFFIDAVIT

I, Sri Bhaskar Mallick Son of Sudhanshu Mallick, aged about     years, by faith- Hindu, by occupation- business, residing at Shyamsunderpur, 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 16 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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