Sunday, April 2, 2023

Petition under Order 7 Rule 14(3) of Civil Procedure Code 1908

 

IN THE COURT OF CITY CIVIL AT KOLKATA

2 & 3, Kiran Shankar Ray Road, Kolkata – 700001

BEFORE THE LEARNED 3RD BENCH

 

Money Suit No.                        of 2022

 

SHRI ASHTAVINAYAK FASHIONS,

………. Plaintiffs

                    -VERSUS-

ARTIMAS FASHIONS PRIVATE LTD.,

……….Defendant

Petition under Order 7 Rule 14(3) of the Civil Procedure Code, 1908

The humble petition on behalf of the above named plaintiff, most respectfully;

Sheweth as under;

 

  1. That the following documents/ papers, which are relied on by the plaintiff are duly enclosing herewith at the time of presenting the plaint by the plaintiff and seeks Leave of the learned Court to produce any further or other document/s or paper/s at the time of evidence or as and when the same has been under necessity;

 

a)    Distributor Agreement dated 18/06/2019;

b)   Ledger Account in the name of Artimas Fashions Private Limited, maintained by the Plaintiff;

c)    GST Details / Particulars of Shri Ashtavinayak Fashions;

d)   Stock Group Summary of the Plaintiff;

e)    Legal Notice dated 26/05/2022, issued on behalf of the Plaintiff;

 

  1. In view of the fact stated above, plaintiff enclosing herewith the document/s or papers/s relying on at the time of presenting the plaint by the plaintiff and seeks Leave of the learned Court to produce any further or other document/s or paper/s at the time of evidence or as and when the same has been under necessity.

 

  1. Unless the Learned Court take those document/s or paper/s relying on by the plaintiff  in the Suit, the plaintiff will highly prejudice and suffer with irreparable loss and injury, thereof.

 

  1. That the balance of convenience and inconveniences are in favour of the plaintiff, and the defendant will not prejudice.

 

  1. That this petition is made bonafide and in the interest of administration of justice.

 

Under the above facts and circumstances, your Honour would graciously be pleased to allow this petition to take those document/s or paper/s relied on by the plaintiff on record, 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.

                 

V E R I F I C A T I O N

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, a partner of the Plaintiff above named do hereby verify that the statements made above in Paragraphs are true to the best of my knowledge and belief and rests are my submissions before this Ld. Court and I sign this verification on this the ____ day of July 2022, at Kolkata.

 

                                                                                            

 

                                                                            

A F F I D A V I T

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, aged about _____ years, by faith Hindu, by Occupation Business, Working for Gain at Shri Ashtavinayak Fashions, having its Office at Green View Apartment, Commercial Block, Upper Bhanu Nagar, Siliguri - 734001, being the Partner of the Plaintiff above named, do hereby solemnly affirm and declare as follows:-

 

1.      That I am one of the Partner of the Plaintiff above named. The other partner duly authorized me to swear this affidavit.

 

2.      That I am fully acquainted with the facts and circumstances of the above mentioned suit and I am competent to swear this affidavit.

 

3.   That the statements made in Paragraphs _______to _________are true to the best of my knowledge, and the rests are my humble submissions before the Learned Court.

 

The above statements are true to the best of my knowledge and belief.

 

 

_________________________

          (DEPONENT)

                                                                                      Identified by me.

                                                           

Advocate,

Prepared in my Chamber,

 

Advocate

Date : ___________2022

Place : Kolkata

 

NOTARY

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