District
: South 24 Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
parganas.
EA
/ 119 / 2015.
{
arising out of CC/ 308 / 2013 }
In
the matter of :
Sri Dilip Kumar
Chatterjee,
________Decree
Holder
- Versus –
Shri Bani Nath Bhattacharjee,
________Judgment Debtor.
The humble petition on behalf
of the above named Judgment Debtor Shri Bani Nath Bhattacharjee, most
respectfully;
Sheweth
as under :
1.
That
the Judgment Debtor Shri Bani Nath Bhattacharjee, came into knowledge of the
present proceeding upon receipt of the notices sent by the Hon’ble Forum.
2.
That
the Judgment Debtor states that this is the first occasion that the Judgment
Debtor came into the knowledge of the present proceeding initiated by the
Decree Holder against the Judgment Debtor before the Hon’ble Forum.
3.
That
the Judgment Debtor states that the Judgment Debtor is also was not in
knowledge of the proceeding being CC/308/2013, which has been decided by the
Hon’ble Forum on 06-12-2013, exparte against the Judgment Debtor.
4.
That
the Judgment Debtor states that the Judgment Debtor was not in receipt of any
communication by the Hon’ble Forum and or any communication ever made by the
Decree Holder.
5.
That
this is the first occasion that the Judgment Debtor is appearing before the
Hon’ble Forum, on receipt of the notices and or summons issued by the Hon’ble
Forum, in accordance with the Law.
6.
That
the Judgment Debtor states that the Judgment Debtor astonished to get such
notices of the present proceeding, as he could not get any earlier notices
about the proceeding being CC / 308 / 2013, decided by the Hon’ble Forum.
7.
That
the Judgment Debtor states that the Judgment Debtor consulted with his Lawyer
and under the proper advise of his Lawyer, the Judgment Debtor decided to
prefer appeal under Section 15 of the Consumer Protection Act’ 1986, against
the Final Order in proceeding being no. CC/308/2013, in the interest of
administration of justice, and to bring the stay order of the present
proceeding.
8.
That
in view of such facts as stated herein above, the Judgment Debtor seeks
adjournment of the present proceeding for an appropriate period as to file and
place his appeal under Section 15 of the Consumer Protection Act’ 1986, with
his other appropriate petition and stay petition thereof before the Hon’ble
State Consumer Disputes Redressal Commission, West Bengal.
9.
That
unless the Hon’ble Forum, adjourn the present proceeding, for the purpose of
filling the appeal under Section 15 of the Consumer Protection Act’ 1986, the
Judgment Debtor will highly prejudice and suffer with irreparable loss and
injury.
10.
That
the balance of convenience and inconvenience is in favour of the Judgment
Debtor.
11.
That
this application is made bonafide in the interest of administration of justice.
Therefore the Judgment Debtor
prayed before the Hon’ble Forum, would graciously be pleased to pass necessary
order and or grant the adjournment for an appropriate period, in the interest
of administration of justice, and or to pass such other necessary order or
orders as the Hon’ble Forum, may deem, fit, and proper for the end of justice.
And
for this act of kindness, the Judgment Debtor, as in duty bound shall ever
pray.
Verification
I,
Shri Bani Nath Bhattacharjee, being the Judgment Debtor, herein, made this
application for adjournment. I am conversant with the material facts as stated
in the foregoing paragraphs of my application. I verify and sign this
application as on 31st day of August’ 2015, at Alipore Judges Court.
Shri Bani Nath Bhattacharjee
Identified by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Date
: 31st day of August’ 2015,
Place
: Alipore Judges Court.
VAKALATNAMA
District : South 24-Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum at Alipore, Kolkata – 700 027.
Execution Application no. ea /
119 / 2015.
Shri Dilip Kumar Chatterjee. ___________Decree Holder / Petitioner.
- Versus –
Sri Bani Nath Bhattacharjee, and others. ______Opposite Parties / Judgment Debtor.
KNOW ALL MEN by these presents that I / We Sri
Bani Nath Bhattacharjee, Son of Late Beni Madhab Bhattacharjee,
do hereby constitute and appoint the under mentioned
Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of
take such steps and proceedings as may be necessary on my / our behalf and for
that purpose to make sign, verify and present all necessary petitions, plaints,
written statements and other documents and do nominate and appoint or retain
senior counsels, vakil, advocates and other persons, lodge and deposits moneys
and documents and other papers in the Ld. Court and the same again withdraw and
to take out of Court and to obtain or grant as the case may be effectual
receipts and discharge for the same and for all moneys which may be payable to
me / us in the premises. To enter into compromise with my / our approval and
withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings
arising there out whether by way of execution, review, appeal, or otherwise or
in any manner contested there with as effectually and to all intents and
purpose as I / We could act if personally present and such substitution and as
pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may
be lawfully done by virtue hereof.
In
witness whereof this Vakalatnama has been executed by me / us.
This the …………………day of ………………2015.
Sri Ashok Kumar Singh, Advocate.
Sri Bikash Chandra Guchait, Advocate.
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