Petition for copy of original application along with all annexures by defendants before Debt Recovery Tribunal

 

Before the Hon’ble Debts Recovery Tribunal Kolkata – 3,

8^th Floor, Jeevan Sudha Building, 42-C, Jawahar Lal Nehru Road, Kolkata – 700071

                                                          Case No.: OA/673/2022

                                                          In the matter of ;

                                                          Punjab National Bank,

                                                                             ____________Applicant

-      Versus –

M/s. PS Rubber Industries and Others,

                   __________Respondents

Petition for copy of Original application along-with all Annexures;

The humble Petition on behalf of (1) M/s. PS Rubber Industries, a Partnership Firm, and (2) Smt. Chandreyee Bhaduri, both of Premises being no. 3/A, Khalisha Kota Pally, Post Office – Birati, Police Station – Dum Dum, Kolkata – 700051, District – North 24 Parganas, and also at Village & Post Office – Rohanda, Police Station – Mdhyamgram, District – North 24 Parganas, Pin – 700135; most respectfully;

Sheweth as under;

1.   That the Respondent nos. 1 & 2, are in receipt of the Notice issued by the Hon’ble Tribunal. The said notice has never been with any copy of the Original Application along-with all annexures thereof. Therefore the Respondents are not able to prepare their Written Statement being reply on the said Original Application. The respondents seeks a copy of the Original Application along-with all annexures, as to enable themselves to prepare their reply & to put comments on the statements made therein as well as to put comments on the documents relied on by the applicant.

 

2.   That unless the Hon’ble Tribunal direct the applicant to serve a copy of the said Original Application along-with all annexures, to the Respondents, herein, the Respondents will highly prejudice and suffer with irreparable loss and injury, thereof.

 

3.   That it is to state that the period for submissions of Written Statement by the respondents will only recall from the date of service of the  copy of the said Original Application along-with all annexures, to the Respondents, herein, by the applicant, and not from the date of receipt of the notice by the respondents, since the said notice has not been served with any copy of the said Original Application along-with all annexures thereof.

 

4.   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 applicant to serve a copy of the Original Application along-with all annexures thereof to the Respondents, with an opportunity to the respondents to submit their Written Statements within the statutory period, 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

I, Smt. Chandreyee Bhaduri, being the Respondent no.2, herein is one of the Partner of the Respondent no.1, herein, represented the Partnership Firm, made this petition for a copy of the Original Application along-with all annexures, in the above referred case matter. I am acquainted and conversant with the material facts of the Case. I Verify & sign this Petition on this _______the day of November’ 2023;

 

AFFIDAVIT

I, Smt. Chandreyee Bhaduri, Wife of _______________________, aged about ______years, by faith Hindu, by Occupation Business, residing at Premises being no. 3/A, Khalisha Kota Pally, Post Office – Birati, Police Station – Dum Dum, Kolkata – 700051, District – North 24 Parganas, and also at Village & Post Office – Rohanda, Police Station – Mdhyamgram, District – North 24 Parganas, Pin – 700135, do hereby solemnly affirm and says as follows;

1.   That I am one of the Partner of the Respondent no. 1, herein M/s. PS Rubber Industries. I am being the Respondent no. 2, herein as shown in the notice of the above referred Case herein. I am representing the Respondent no.1, a partnership Firm.

 

2.   That I am acquainted & conversant with the material facts of the referred case matter. I am competent to swear this affidavit.

 

3.   That the contents of the Paragraph no. 1, is true to my knowledge and belief, and the rests are my humble submissions before the Hon’ble Tribunal.

The statements are true to my knowledge and belief and no part whereof has ever been concealed by me.

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

Advocate

Date : ______day of November’ 2023;

Place : Kolkata, West Bengal

 

N O T A R Y