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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