Before
the Hon’ble Debts Recovery Tribunal Kolkata – 3,
8th
Floor, JeevanSudha Building, 42-C, JawaharLal Nehru Road, Kolkata – 700071
Case
No.: TA/710/2014
In
the matter of ;
State
Bank of Hyderabad,
____________Applicant
-
Versus –
M/s.
D.N. Trading,
__________Defendant
Petition
for copy of Original application along-with all Annexures;
The
humble Petition on behalf of the Defendant M/s. D.N. Trading represented
byDulal Chandra Naskar, most respectfully;
Sheweth as under;
1.
That the Defendant is not in receipt
of the Notice ever given by the Learned Advocate of the applicant. The
Defendant came to know about the present suit from the applicant bank
officials, thus the defendant is not in a situation to place his Written Statements
unless a copy of the Original Application with all annexures be served on him
by the applicant. Therefore the Defendant is not able to prepare his Written
Statement being reply on the said Original Application. The defendant seeks a
copy of the Original Application along-with all annexures, as to enable himself
to prepare his 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 Defendant, herein, the Defendant 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 Defendant, herein, by the applicant, and not from the date of
receipt of the notice by the Defendant, 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 Defendant, with an opportunity to the Defendant to submit his
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, Dulal Chandra
Naskar, being the Defendant, herein, 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 March’ 2024;
AFFIDAVIT
I, Dulal Chandra
Naskar, Son of Late Lalit Mohan Naskar, aged about 57 years, by faith Hindu, by
Occupation Business, residing at Village – Tegharia, Post Office – Ramkrishna
Pally, Police Station – Sonarpur, Kolkata 700150, District – South 24 Parganas,
do hereby solemnly affirm and says as follows;
1.
That I am Proprietor of M/s. D.N.
Trading, and conversant with material facts.
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 March’ 2024;
Place
: Kolkata, West Bengal
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