IN THE DEBT RECOVERY TRIBUNAL –
I, KOLKATA.
9,
O.A. No. 97
of 2010.
BETWEEN
DENA
BANK__________APPLICANT.
Petition for Sufficient Cause
A N D
MR. DULAL CHANDRA
NASKAR & OTHERS.___________DEFENDANTS.
The humble petition
of the above named defendant nos. 1 and 2, Sri Dulal Chandra Naskar and Smt.
Ashima Naskar, most respectfully;
Sheweth as under :
1.
That
on the earlier occasion which was fixed for the Written Statement by the
Defendants, and whereas the defendants failed to submit their Written Statement
through their Learned Advocate, since their Learned Advocate was out of station
without any communication thereof, and as such none appears on behalf of the
defendants and to place any submission before the Learned Debt Recovery
Tribunal – I, Kolkata, and whereas in absence of the defendants and or the
Counsel for the defendants, the Learned Tribunal was pleased to pass necessary
order as to waive the right of the defendants to file Written Statement in the
proceedings as referred herein above, and fix up the next date for Evidence by
the Applicant.
2.
That
the Defendants always intended to file their Written Statements as to answer
and or objection of the application filed by the applicant, and would contest
the present proceeding in the interest of justice.
3.
That
the reasons stated herein above are beyond the control of the defendants and
whereas a mistake caused by the Learned Advocate of the defendants, which was
not intended in any manner, may be condoned in the interest of administration
of justice.
4.
That
the Defendants placed their unconditional apology and seeks to get an
opportunity to file their Written Statement in the present proceeding.
5.
That
the Defendants undertake that such mistakes would not be repeated on any
occasions and shall remain present on all and on every occasions of hearing of
the above referred suit / proceeding before the Learned Tribunal.
6.
That
unless the Written Statements by the Defendants, accepted by this Learned
Tribunal, the Defendants, will be highly prejudice and suffer with irreparable
loss and injury.
7.
That
in view of such facts, the defendants seeks the acceptance of Written Statement
filed herewith, by the Learned Tribunal, in the interest of administration of
justice.
8.
That
this application is made bonafide in the interest of administration of justice.
It is therefore
prayed that your Honour would be graciously pleased to allow this application
and to accept the Written Statement of the defendant nos. 1, and 2, in the
interest of administration of justice, and 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 Petitioners, as in duty bound shall ever pray.
AFFIDAVIT
Affidavit of Shri Dulal Chandra
Naskar, Son of Late Lalit Mohan Naskar, aged about _______ years, by faith
Hindu, by Occupation – Business, residing at Village – Tegharia, Post Office –
Ramkrishna Pally, Police Station – 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 defendant
no.1 in the above Suit / case, thoroughly conversant with the facts and
circumstances of the present case and am competent to swear this affidavit. I
am also duly authorized to swear this affidavit on behalf of the defendant no.
2, Smt. Ashima Naskar.
2 : That the facts contained in
aforesaid petition, 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.
DEPONENT
Verification
I, the above named deponent do
hereby solemnly verify that the contents of my above affidavit are true and
correct to my knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of
…………….2013, at Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………2013.
Place : Kolkata. N
O T A R Y
IN THE DEBTS RECOVERY TRIBUNAL
– I, KOLKATA.
9,
O.A. no. 97 of 20910.
DENA BANK_________APPLICANT.
A N D
SRI. DULAL CHANDRA NASKAR &
ORS. __________DEFENDANTS.
Petition for Sufficient Cause
ASHOK KUMAR SINGH.
ADVOCATE.
HIGH COURT BAR ASSOCIATION ROOM
NO. 15.
HIGH COURT AT
aksingh872.blogspot.com
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