In
the Court of the Learned 4th Civil Judge (Junior Division), Alipore, South 24
Parganas
Title
Suit no. 418 of 2023
In
the matter of ;
1.
Sukanta Bhowmick, Son of Ranjit
Bhowmick, aged about 42 years, residing at Premises being no. 26, Lansdowne
Terrace, Police Station – Lake, Kolkata – 700026, District South 24 Parganas,
Mobile No.: 9830374676.
2.
Smt. Gopa Bhowmick, Wife of Sukanta
Bhowmick, aged about 40 years, residing at Premises being no. 26, Lansdowne
Terrace, Police Station – Lake, Kolkata – 700026, District South 24 Parganas,
Mobile No.: 8820146660.
3.
M/s. Tumi Ashbey Bole, a
Proprietorship Firm, carrying business of Restaurant with Bar, having its
Office at Premises being no. 401, Ajoy Nagar, Postal Premises no. P-5, Ajoy
Nagar, Police Station – Purba Jadavpur, Kolkata – 700075, District – South 24
Parganas, represented by its Sole Prorietor being the plaintiff nos. 1, Sukanta
Bhowmick, Mobile No.: 9830374676, Email : tumiashbeybole@gmail.com
___________Plaintiffs
-
Versus –
Smt.
Sakti Sinha Roy, Wife of Late Subrata Sinha Roy, residing at Premises being no.
42/1B/1, P.G.H.Road, Post Office – Jadavpur University, Police Station –
Jadavpur, Kolkata – 700032, District – South 24 parganas,
___________Defendant no. 1;
Extension Petition of
Ad-interim Order of Injunction, dated 27/03/2023;
The Plaintiff, most
respectfully sheweth;
1.
That your petitioner/plaintiff has
filed the instant case for Permanent Injunction, against the defendants on the
grounds as stated in the plaint. Your petitioner along-with the said suit has
also filed an application under Order 39 Rules 1 and 2, read with Section 151
of the Civil Procedure Code, praying for an order of temporary and or
ad-interim injunction restraining the defendants, from interfering the peaceful
possession of the plaintiffs in respect to the Schedule suit property and or
from changing the nature, character, and possession of the Schedule suit property.
2.
That the said application under Order
39 Rules 1 and 2, read with Section 151 of the Civil Procedure Code, upon being
moved for hearing before the Learned Court, on 27/03/2023, the Learned court
was pleased to grant an order directing the Plaintiff and the Defendant no.1,
to maintain status quo in respect of nature and possession of the schedule
property as stand on the said day, till 27/04/2023. The said Order dated
27/03/2023, has duly been communicated to the defendant no.1, in compliance
with the provisions under Order 39 Rule 3 (a) and (b) of the Civil Procedure
Code.
3.
That the Defendant no.1, Smt. Sakti
Sinha Roy, Wife of Late Subrata Sinha Roy, residing at Premises being no.
42/1B/1, P.G.H.Road, Post Office – Jadavpur University, Police Station –
Jadavpur, Kolkata – 700032, District – South 24 Parganas, in-spite of having
full knowledge of the Order dated 27/03/2023, being an order directing the
Plaintiff and the Defendant no.1, to maintain status quo in respect of nature
and possession of the schedule property as stand on the said day, till
27/04/2023, with a malafide intention to delay the sacred order of the Learned
Court has disobeyed and or breached the said Order dated 27/03/2023, for her
personal benefit and wrongful enjoyment of the schedule property.
4.
On 31st day of March’ 2023, at about
1:30 pm, the Defendant no.1, Smt. Sakti Sinha Roy, with her associates visited
the premises and trying to intervene into the schedule property by way of
shouting and using filthy languages, in the name of the Plaintiffs, to the
employee and staff of the plaintiffs. The Plaintiffs got such information and
inform to the Police Station.
5.
Again on 03/04/2023, at about 2:45 pm,
she visited the premises and trying to break the gate and to put a whole in the
wall with the help of her associates, on being asked by staffs of the
plaintiffs in such unlawful doings of her, she tried to assault staffs and used
most filthy languages. However with the intervention of the locale people, she
fled away with her associate by putting dire threats to the staffs of the
plaintiffs that she will again come and teach a lesson to everyone. The fact
has been informed to the Police Station.
6.
On 05/04/2023, at about 2:15 pm, again
she visited the premises and trying to break the gate and to put a whole in the
wall with the help of her associates, on being asked by staffs in such unlawful
doings of her, she tried to assault staffs and used most filthy languages, and
clearly put dire threat that she will not adhered to the order of the Learned
Court, and she will do whatever she want to do. She created scene, welcoming
people on way, she used most filthy languages and tried to assault staffs on
duty. The fact has been informed to the Police. Due to intervention of Police,
she left once again.
7.
On 06/04/2023, at about 2:40 pm, she
visited the premises and trying to break the gate and to put a whole in the
wall with the help of her associates, on being asked by staffs of the plaintiffs
in such unlawful doings of her, she tried to assault staffs and used most
filthy languages. She obstructed staffs to enter into schedule premises, and
put a whole in wall and installed AC machine and break the gate and tried to
put a new gate of her in pursuance to established a new egress and ingress to
her shop. The fact has been informed to the Police. The Police of the Survey
Park Police Station visited the Schedule Premises and asked to stop any nature
of changing the schedule property to the said Smt. Sakti Sinha Roy, and lodge
an FIR number 55 of 2023, dated 06/04/2023, on Complaint of Staff of the
plaintiffs. The said FIR is under Section 341, 323, 506, 114 IPC, Which is
pending.
8.
On 12/04/2023, at about 1:45 pm, she
again visited with her associates, and shouted like anything and tried to break
the boundary wall at the schedule premises, and said that she will remove
everything in pursuing to take the property, and the Police cannot stop her.
However, with intervention of the local people, who tried to make her
understand that since the matter is prejudice before the Learned Court, it
should be our duty to obey the direction of the Learned Court. She did not
accept such statement though the intervention of the local people restrained
her to do anything in that moment. Thus once again she fled away by way of
putting threat on staffs of the plaintiff and to the plaintiffs, that she will
come again with her more associates and will fulfill her unlawful desire.
9.
On 14/04/2023, at about 2:30 pm, the
said Smt. Sakti Sinha Roy with her associates, came at the schedule property,
and tried to fell down the boundary wall and the fire extinguishers attached to
the wall. The plaintiffs’ staffs asked not to do such unlawful act she aroused
and assaulted the staff, using most filthy languages. The local people came
around and intervened into therefore she again left the schedule premises, with
dire threat to the plaintiffs and the plaintiffs’ staffs.
10.
On 27/04/2023, at about 5 pm, the said
Smt. Sakti Sinha Roy with her female associates came to front side gate of the
plaintiffs premises, and breaking the front side gate forcibly and with
criminal intimidation, even after resistance raised by the staffs of the
plaintiffs.
11.
On 28/04/2023, at about 5:30 pm the
said Smt. Sakti Sinha Roy with her female associates, broken the pad lock and
iron gate with hammer and theft the one cartoon wine bottle (Mc-Dowells), which
valued as of Rs. 7,680/- (Rupees Seven Thousand and Six Hundred Eighty) only.
This fact inform to the Survey Park Police Station on 29/04/2023.
12.
That the said Smt. Sakti Sinha Roy, is
much desperate and adamant lady in disobeying the Learned Court Orders, as well
as creating disturbance, causing breach of peace, assault to the workers/
staffs, using most filthy languages, trespass into the plaintiffs property
forcibly, breaking wall, and iron gates and theft by way of her continuous
approach even after Police intervene into, time and again, she did not stop her
unlawful activities.
13.
That the Plaintiffs astonished to come
across such dire act and unlawful deed of the said Smt. Sakti Sinha Roy, who
disobeyed willfully, the Learned Court’s Order dated 27th day of March’ 2023,
continuously, at the periodical interval in the following;
31/03/2023;
03/04/2023; 05/04/2023; 06/04/2023; 12/04/2023; 14/04/2023; 27/04/2023; and
28/04/2023;
14.
That the entire fact has been lodged
with the Survey Park Police Station by the Plaintiffs by way of Written
Complaint dated 14/04/2023, though the Police did not take any appropriate
recourse in compelling the direction of the Learned Court’s Order dated
27/03/2023, on the Defendant no.1, Smt. Sakti Sinha Roy and her associates, at
the given Schedule Property.
15.
That consequent unlawful acts and
deeds of the said Smt. Sakti Sinha Roy, has been informed to the Survey Park
Police Station on 27/04/2023, and on 29/04/2023, by way of written complaint.
The Plaintiffs found that the Police show their inability in carrying the Law
and Order and to protect the person and liberty. The inability of the Police
being indulgence to the said Smt. Sakti Sinha Roy, in carrying her unlawful
activities at the plaintiffs premises.
16.
That the Defendant no.1, Smt. Sakti
Sinha Roy, is much adamant in disobeying the direction given in the Order dated
27/03/2023, passed in Title Suit no. 418 of 2023, by the Learned Civil Judge
(Junior Divisiopn) 4th Court, Alipore, South 24 Parganas, and the
inaction of the Police given due indulgence to her in continuing her disobeying
the direction of the Learned Court’s Order dated 27/03/2023.
17.
That the Plaintiffs’ suffering a lot
in protecting his schedule property, as well as his business at the schedule
property only due to the unlawful act of the said Smt. Sakti Sinha Roy, and her
associates.
18.
There is a reasonable threat and
strong apprehension of encroachment of the property by the said Smt. Sakti
Sinha Roy, at the said premises, which need to resist and restrained to prevent
the property at the ground floor at the said premises which absolutely belongs to
the plaintiffs.
19.
That the Plaintiffs solely seeking
protection from such unlawful deeds of the said Smt. Sakti Sinha Roy and her
associates, at the premises, in pursuing peaceful running of their business.
20.
That the Plaintiffs state that the
defendant no.1, Smt. Sakti Sinha Roy, without responding to the plaintiffs
request to abstain from carrying on her overt/ illegal acts as per the said
order, threatened the plaintiffs with dire consequences, and tried to assault
the plaintiffs’ staff having more man power and support of the some locale
antisocial attached to her, towards her wrongful gains and enjoyment on the
schedule property of the plaintiffs.
21.
That the Plaintiffs state that the
defendant no.1, Smt. Sakti Sinha Roy, with her associates showing/ expressing
sever disrespect to the Order dated 27/03/2023, passed in Title Suit no. 418 of
2023, by the Learned Civil Judge (Junior Division), 4th Court, Alipore, South 24
Parganas, which has been intentionally defying, disobeyed and violated the
sacred order of this Learned Court and thus the defendant no.1, Smt. Sakti
Sinha Roy, is guilty of disobedience/ breach of the Order dated 27/03/2023,
passed in Title Suit no. 418 of 2023, by the Learned Civil Judge (Junior
Division), 4th Court,
Alipore, South 24 Parganas.
22.
That in the aforesaid facts and
circumstances, the plaintiffs seeks extension of ad-interim order of
injunction, dated 27/03/2023, till disposal of the present Suit.
23.
That the preponderance of balance of
convenience and in convenience are in favour of the Plaintiffs and the
defendant no.1, will not prejudice.
24.
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 admit this
extension petition and extend the order dated 27-03-2023, passed by this Learned
Court till disposal of the present Suit 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.
VERIFICATION
We, (i)
Sukanta Bhowmick, Son of Ranjit Bhowmick, residing at Premises being no. 26,
Lansdowne Terrace, Police Station – Lake, Kolkata – 700026, District South 24
Parganas, and (ii) Smt. Gopa Bhowmick, Wife of Sukanta Bhowmick, residing at
Premises being no. 26, Lansdowne Terrace, Police Station – Lake, Kolkata –
700026, District South 24 Parganas, are acquainted and conversant with the
material facts stated in the plaint. We verify, & sign the plaint on 19th
day of June’ 2023, at the Court Premises.
AFFIDAVIT
We
(i) Sukanta
Bhowmick, Son of Ranjit Bhowmick, aged about 42 years, by faith Hindu, by
Occupation Business, residing at Premises being no. 26, Lansdowne Terrace,
Police Station – Lake, Kolkata – 700026, District South 24 Parganas, and (ii) Smt.
Gopa Bhowmick, Wife of Sukanta Bhowmick, aged about 40 years, by faith Hindu,
by Occupation Business, residing at Premises being no. 26, Lansdowne Terrace,
Police Station – Lake, Kolkata – 700026, District South 24 Parganas, do
hereby solemnly affirm and say as follows;
1.
We are jointly carrying business of M/s.
Tumi Ashbey Bole, a Partnership Firm, carrying business of Restaurant with Bar,
having its Office at Premises being no. 401, Ajoy Nagar, Postal Premises no.
P-5, Ajoy Nagar, Police Station – Purba Jadavpur, Kolkata – 700075, District –
South 24 Parganas, and we are the Plaintiff in the present Suit. We are
competent to swear this affidavit.
2.
We are acquainted and conversant with
the material facts stated in the Petition and are Competent to Swear this
affidavit.
This
is true to our knowledge.
3.
That the statements made in paragraph
number 1 to ____ of the Petition are true to our knowledge and the rests are
our humble submissions before the Learned Court.
The
above statements are true to our knowledge and belief.
DEPONENTS
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
: 19th day of June’ 2023
Place
: Alipore Judges’ Court
N
O T A R Y
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