withdrawal petition in a consumer appeal

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street, Kolkata-700087.

                                                         

                                                          I.A. no.                  of 2020

                                                          Arising out of

                                                          A/775/2019

                                               

                                                          In the matter of :-

 

An application for withdrawing of an appeal under Section 27A of the Consumer Protection Act’ 1986, being A/775/2019, arising out of the Order dated 21-10-2019, passed by the Learned District Consumer Disputes Redressal Forum at Baruipur, South 24 Parganas, in E.A. Case no. 27 of 2015, become anfractuous appeal;

 

A N D

 

In the matter of :-

 

Shri Ram Chandra Shaw, Son of Kapil Shaw, Proprietor of Sarda Construction, of Purba Baidya Para, P.O. & P.S. Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

                      ________Appellant

 

-          Versus –

 

Shri Mukul Roy Chowdhury, Son of Late Sisir Roy Chowdhury, residing at Sonarpur Bazar, Gorkhara, “Hemlata Apartment” Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

     ________Respondent

To,

The Hon’ble President and his companion Members of the State Commission.

 

Withdrawal application, of the appellant above named most respectfully Sheweth as under :

 

1.   That Being aggrieved by and dissatisfied with the Order dated 21^st day of October’ 2019, passed by the Learned Forum, in E.A. Case no. 27 of 2015, the appellant preferred the present appeal before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal.

 

2.   That on 27^th day of November’ 2019, the Hon’ble State Commission, West Bengal, upon admission hearing passed necessary order and stay all further proceeding in E.A. Case no. 27 of 2015, pending before the Learned District Consumer Disputes Redressal Forum, Baruipur, South 24 Parganas.

 

3.   That it is pertinent to states that on 21^st day of November’ 2019, the Learned District Consumer Disputes Redressal Forum, Baruipur, South 24 Parganas, passed necessary order in EA/27/2015, and thereby disposed of with full satisfaction.

 

4.   That in view of the facts of the Order no. 48, dated 21-11-2019, passed by the Learned District Consumer Disputes Redressal Forum, Baruipur, South 24 Parganas, in EA/27/2015, the present appeal lost its entirety to adjudicate any further in regard to order under challenged.

 

5.   Therefore the appellant seeks to withdraw the present appeal being anfractuous. Copy of printout of order dated 21^st day of November’ 2020, from website, is enclosing herewith, this application.

 

6.   That unless the Hon’ble State Consumer Disputes Redressal Commission, West Bengal disposed of the present appeal being anfractuous, the appellant herein will prejudice and suffer with irreparable loss and injury, thereof.

 

7.   That the balance of convenience and inconveniences are in favour of the appellant and the Respondent will not prejudice.

 

8.   That this stay application / petition, is made bona-fide and for the interest of justice.

 

Under the circumstances, the Petitioners, of this instant application / petition, prays before your Lordship, would be graciously pleased to disposed of the present appeal being anfractuous, in the interest of administration of justice, and or to pass such other or further necessary order or orders as your Lordship may deem, fit, and proper, for the end of justice.

 

And for this act of kindness, your Petitioner, as in duty bound shall ever pray.

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza Ghalib Street, Kolkata-700087.

 

                                                I.A. no.                  of 2020

                                                          Arising out of

                                                          A/775/2019

                            

                                                          In the matter of :

Shri Ram Chandra Shaw,

                   _________Revisionist Versus –

Shri Mukul Roy Chowdhury,

_______ Respondent

 

AFFIDAVIT

 

Affidavit of Shri Ram Chandra Shaw, Son of Kapil Shaw, aged about ______years, by faith Hindu, by Occupation Business, residing at  Purba Baidya Para, P.O. & P.S. Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

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

 

1.   That I am the appellant herein in the above appeal, thoroughly conversant with the facts and circumstances of the present case.

 

2.   That the appellant is a Sole Proprietor of M/s. Sarada Construction, having its office at Purba Baidya Para, P.O. & P.S. Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

3.   That I am competent  to swear this affidavit.

 

4.    That the facts contained in my application, 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.

 

5.   That the above statements of my declarations are true to my knowledge and belief.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : _______________________ 2020.

Place : Alipore Judges Court, Kolkata.

N O T A R Y