Sunday, April 2, 2023

Petition for kept in abeyance the Warraant of Arrest in a Criminal Case / Criminal Proceeding

 

Before the Hon’ble District Consumer Disputes Redressal Commission Kolkata Unit – III,

18, Judges Court Road, Kolkata – 700027

 

Execution Application No. EA/165/2018

In

Complaint Case No. CC/69/2017

 

                                                          In the matter of ;

                                                          Sri Anjan Kumar Dutta,

                                                                             _________Decree Holder

-      Versus –

Sri Soumen Chakraborty,

                   _____Judgment Debtor

 

Petition for kept in abeyance the Warrant of Arrest issued against Judgment Debtor

The humble Petition of the above named Judgment Debtor, most respectfully;

Sheweth as under ;

 

1)   That the Judgment Debtor has paid a sum of Rs. 1,00,000/- ( Rupees One Lakhs ) only, on 01/09/2022, to the Decree Holder. The W/A has already been issued by the Hon’ble Commission, in the above referred Execution Application. The Judgment Debtor seeks necessary intervention in the given facts of payment made to the Decree Holder.

 

2)   That in the circumstances, the Judgment Debtors seeks direction of the Hon’ble Commission, to keep in abeyance the execution of Warrant of Arrest against the Judgment Debtor. The Judgment Debtor undertake to pay a sum of Rs. 1,00,000/- ( Rupees One Lakh ) only, by the next date fixed within a period of fifteen days, towards final payment in satisfaction of the Decree.

 

3)   That unless the Hon’ble Commission direct to keep in abeyance the execution of arrest warrant against the judgment debtor, the judgment debtor will highly prejudice and suffer with irreparable loss and injury, thereof.

 

4)   That the preponderance of balance of convenience and in-convenices are in favour of the Judgment Debtor, and the Decree Holder will not prejudice.

 

5)   That this application is made bonafide and in the interest of administration of Justice.

 

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to direct the Police to keep in abeyance the execution of arrest warrant on the Judgment Debtor Soumen Chakraborty, till the next date in the above referred Execution Proceeding, in the interest of administration of Justice, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

Affidavit of Sri Soumen Chakraborty, Son of Sri Ashok Chakraborty, aged about _____years, by faith Hindu, by Occupation Business, Proprietor of M/s. A.G. Consdtruction, residing at 4/4B, Mptilal Gupta Road, Kolkata - 700008, District South 24 Parganas,

 

I, the above deponent do hereby solemnly affirm and declare as under :-

 

1 : That I am the Judgment Debtor, in the above referred Execution proceeding. I am competent to swear this affidavit.

 

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 …………….2022, at Kolkata.

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated :……………2022.

Place : Kolkata.                        

                   N O T A R Y

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