AN APPLICATION UNDER RULE 329/330 OF THE WEST BENGAL MOTOR VEHICLES RULES, 1989

 

 

 

 

    IN THE COURT OF THE LD. 10^th ADDITIONAL DISTRICT JUDGE AT ALIPORE

                                            

                                                          MACC CASE No. 54 of 2014

                                                          Putul Mondal

                                                              …………….Applicant                                                                               

                                                                      -Vs-

                                                           1. Ranjan Bhattacharjee

                                                                                 ……………..Opp.Party No.1

                                                           2. National Insurance Co.Ltd.

                                                                                 ………………Opp.Party No.2

 

.        

 

AN APPLICATION UNDER RULE 329/330 OF THE WEST BENGAL MOTOR VEHICLES RULES, 1989 AND U/S 169(2) OF THE M .V .ACT, 1988)

 

The humble petition on behalf of the  Opposite Party No.2, i.e. National Insurance   Co. Ltd

Most respectfully sheweth: -

1.      The today is the data fixed for service return and appear.                       

2.       That your petitioner has been served with a notice of the above noted case Enclosed there with a copy of the concerned application filed by the applicant  but it appears that the copies of the documents that are required to be appended   To the said application in compliance of the relevant rules of the west Bengal motor vehicles rules, 1989 have not been enclosed with the said application that has been served upon your petitioner along with the notice as aforesaid.                                                                             

3.      The due to not serving of the copies of the documents as aforesaid your petitioner could not  get an opportunity to instruct its  Ld. advocate on the legality and propriety of the documents in order to prepare the draft written statement on behalf of your petitioner pertaining to the aforesaid claim application .                                                                                                                     

4.       That if direction upon the applicant is not given to serve copies of the documents as aforesaid upon your petitioner and an opportunity is not given aforesaid to your petitioner to instruct its LD .Advocate in connection with those documents, your petitioner find it difficult to prepare and file its  written Statement consequent whereof your petitioner will suffer irreparable loss and  injury , mare particularly, in view of the face that a considerable amount of financial obligation is likely to be involved in this context and it is government money .                   

5.      That this petitioner is a bona fide one and is made for the ends of justice.

 

Therefore, it is humbly prayed that you’re Honour may graciously be pleased to issue a direction Upon the applicant to serve upon your petitioner   the copies of the Documents that were required to be appended  To the concerned claim Application  but have Not been appended by with the copy    of the present case and your honour may further be pleased   to allow a further date to your Petitioner to file an   written Statement upon allowing an opportunity to  Instruct its Ld. Advocate on the copies of the said documents after getting it from the  application to  service as aforesaid or pass   Such order or orders as your Honour may deem It  fit and proper.

 

And for this, your petitioner as in duty bound shall ever pray.