ASHOK KUMAR SINGH

Saturday, March 25, 2023

Title Suit for Declaration and Permanent Injunction / Civil Suit / Suit

District: South 24 parganas

IN THE COURT OF THE LEARNED CIVIL JUDGE JUNIOR DIVISION AT DIAMOND HARBOUR

Title suit no. of 2016

Sri Bhaskar Mallick

Son of Sudhanshu Mallick

Residing at Village- Shyamsunderpur,

P.O. & P.S. Falta,

District- South 24 Parganas,

Pin- 743504

……………. Plaintiff

-Versus-

1. The Branch Manager

State Bank of India

Falta Exp Processing Zone

P.o. Nainan, P.S. Falta

Dist. South 24 Parganas

Pin- 743504

2. The Branch Manager

State Bank of India

Alipore Court Treasury

P.o. Alipore, P.S. Alipore

Kolkata- 700027

Dist. South 24 Parganas

3. The Assistant General Manager

State Bank of India,

SMECC, Ballygunge,

50 A, Gariahat Road, 4^th floor,

Kolkata- 700019

…………………. Defendants

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

VALUED AT RS.1,00,000/- ONLY

The Plaintiff states as follows:-

1. That your petitioner/plaintiff has filed the instant case for declaration and injunction against the defendants on the grounds as stated in the plaint.

1. That the plaintiff is the absolute owner of the vehicle being No. WB 19F 7481(Bus).

2. That the plaintiff had took a loan from the Defendant no.1 against the vehicle being No. WB 19F 7481(Bus) which had been purchased by the plaintiff for his business purpose and where the loan account No. is 33070207861.

3. That after taking the aforesaid loan your plaintiff regularly paid his EMI through his saving Bank being account no. 20041863528, State Bank of India, Falta Exp Processing Zone, P.O. Nainan, Dist. South 24 Parganas, and Pin- 743504 regarding his loan account.

4. That after when your plaintiff updated his pass book then he found several unknown debit entry, which he could not understand for what such debit has been made by the defendants in his savings account regarding the Loan Account.

5. That after in several times your plaintiff go to the defendants office and meet the responsible officer to clarify the aforesaid dispute but in every time they refused to clarify and denied any assist regarding the aforesaid whispering amount which has been deducted from your plaintiff account.

6. That on 18.11.2015 the defendant no.3 send a letter to your plaintiff for NPA settlement under National Lok Adalat , where they said that your plaintiff’s due amount was Rs. 1537875.00 plus interest due & other expenses but not narrated how that amount has been calculated by them and for that reason your plaintiff denied to settle the matter by Lok Adalat and not only that but also the defendants never provide the statement account with total clarification of every debit and credit regarding his loan account.

7. That after your plaintiff send a letter to the defendant no.1 and defendant no.2 on 28.12.2015 through his Advocate Mr. Ashok Kumar Singh where he seeks to get itemized statement of his account with total clarification of every debit and credit from the defendants regarding his loan account but unfortunately the defendants has not intend to reply the same.

8. That at present the defendants are try to grab the vehicle being no. WB 19F 7481(Bus) from the plaintiff by illegally and also the plaintiff is threatened by the defendants that they will ready to snatched the aforesaid vehicle from the road at any time.

9. That after the plaintiff went to the local police station Falta where he lodged a complaint against the defendants on but the defendant did not bother to stop his wrongful act whereas day by day his wrongful act is going to be increased.

10. That the plaintiff movable property i.e. the vehicle being no. WB 19F 7481(Bus) is being threatened with dispossession by the defendants and as such in order to permanent injunction restraining the defendant from disturbing the plaintiff peaceful possession and dispossession forcibly from the said vehicle being no. WB 19F 7481(Bus) and further restraining the defendant to stop creating disturbance to the plaintiff for forcibly grab the aforesaid vehicle being no. WB 19F 7481(Bus) till disposal of the suit.

11. That the aforesaid facts done by the defendant and also starting their illegal act is the reason than that your plaintiff was dispossession on his movable property i.e. one vehicle being no.WB 19F 7481(Bus). And that also in reason your plaintiff has declared that he is the absolute owner of the vehicle being no.WB 19F 7481(Bus).

15.That the cause of action arose on . .2016 as well as on and the same is continuing regarding the suit property i.e. vehicle being no. WB 19F 7481(Bus) owner of the plaintiff resided at Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

16.That the suit is valued of Rs. 1,00,000/- for declaration and permanent injunction and advolram and fixed court fees has been paid there on.

The Plaintiff prays for:

i. A decree for declaration that the plaintiff

Is an absolute owner of vehicle being no. WB 19F 7481(Bus) owner of the plaintiff resided at Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

ii. A decree for permanent injunction restraining the defendant and their man agent from

disturbing and/or encroach illegally to the plaintiffs vehicle being no.WB 19F 7481(Bus) without by due process of law.

iii. Restraining the defendants to stop

the snatch or forcibly grab the plaintiffs vehicle being no.WB 19F 7481(Bus).

iv. A decree for permanent injunction restraining the defendants from changing the nature and

character of the suit property in any manner

whatsoever.

v. Costs

vi. Any other legal or equitable relief or reliefs the

Plaintiff is entitled to under law and equity.

SCHEDULE

ALL THAT piece and parcel of one vehicle being no. WB 19F 7481(Bus) owner of Sri Bhaskar Mallick Son of Sudhanshu Mallick, Residing at Village- Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas.

Documents filed along with the Plaint

1. Xerox copy of certificate of registration, vehicle permit, insurance policy and road tax.

2. Xerox copy of updated Passbook.

3. Xerox copy of NPA settlement letter dtd. 18.11.2015.

4. Xerox copy of two Advocate letter dtd. 28.12.2015

5. Xerox copy of complaint letter

VERIFICATION

I, Sri Bhaskar Mallick, the plaintiff here in do hereby declare and state that the statements contained in paragraphs 1 to 16 above are true to the best of my knowledge and rest are my humble submission before the Ld. Court and I sign this verification on at advocate chamber.

AFFIDAVIT

I, Sri Bhaskar Mallick Son of Sudhanshu Mallick, aged about years, by faith- Hindu, by occupation- business, residing at Shyamsunderpur, P.O. & P.S. Falta, Pin- 743504, District- South 24 Parganas, do hereby solemnly affirm and declare as follows:-

1. That I am the plaintiff in the instant suit and as such am well conversant with the facts and circumstances of the case.

This is true to my knowledge.

2. That the statements made in the foregoing paragraphs 1 to 16 above are true to the best of my knowledge and belief and the rest thereof are my humble submission before this learned Court.

-----------------------------

DEPONENT

Readover, explained in Bengali

and Identified by me.

Advocate

Petition for withdrawal of the Complaint Case / Complaint Case / Judicial Magistrate Court / Criminal Case

District : South 24 Parganas.

In the Court of the Learned 4^th Judicial Magistrate, at Alipore, South 24 Parganas.

C – 9189 of 2013.

In the matter of :

Shri Satya Narayan Gayen.

_____Complainant.

- Versus –

Shri R. Subramanian and others.

_________Accused.

Petition for Withdrawal of Complaint

The humble petition of the above named Complainant Shri Satya Narayan Gayen, most respectfully;

Sheweth as under :

1. That in the present proceeding, process under Section 204 of Cr.P.C. was issued by the Learned Court, and on receipt of the summons of the Learned Court, the accused persons appeared in the present proceedings by filling Vokalatnama and one petition through their Learned Advocate, on earlier occasions before the Learned Court.

2. That the Learned Court direct for the service of copy as per provisions of Section 208 of Cr.P.C. and commitment of the present proceedings before the Learned Special Court of Additional District and Session Judge, at Alipore, South 24 Parganas, and a date for such purpose has been provided as of 2^nd day of August’ 2014.

3. That your Petitioner states and submits that during this tenure of period the Complainant and accused persons seat together and resolved their issues of all disputes as alleged for in the present proceedings, amicably, with the intervention of their well wishers and friends.

4. That your Petitioner states and submits that such a settlement of all alleged disputes has been resolved between the Complainant and of the accused persons, out of court.

5. That in view of such facts, the Complainant herein does not want to proceed with the present proceedings and or above referred case matter against the accused persons.

6. That further in view of such facts, the Complainant have no objection in the event the Learned Court discharge and or acquit the accused persons from the present proceedings and or from the above referred case matter.

7. That your Petitioner states and submits that in view of the above referred facts, your petitioner seeks the withdrawal of the present proceedings and or above referred case matter.

8. That your Petitioner states and submits that in view of the above referred facts, unless the Learned Court allow the withdrawal of the present proceedings and or above referred case matter, your petitioner will be highly prejudice and suffer with irreparable loss and injury.

9. That this application is made bonafide in the interest of fair administration of justice.

It is therefore prayed that your Honour would graciously be pleased to allow this petition and to allow the withdrawal of the present proceedings against the accused persons and or to discharge and acquit the accused persons from the present proceedings and or from the above referred case matter, 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, Shri Satya Narayan Gayen, being the Complainant, conversant with the material facts, made this petition and verified on _______day of July’ 2014, at Alipore Police Court.

( Satya Narayan Gayen )

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Date : ______ day of July’ 2014.

Place : Alipore Police Court.

AFFIDAVIT

I Shri Satya Narayan Gayen, Son of Shri Atul Chandra Gayen, aged about 50 years, by faith Hindu, by Occupation Service ( under Suspension ), residing at premises being no. D-403, Ganapati Enclave, 117-A, Santosh Roy Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas, Do hereby solemnly affirm and says as follows :

1. That I am competent to swear this affidavit.

2. That I am Complainant in the present proceeding.

3. That the statements in the forgoing paragraphs of my petition for withdrawal of the present proceedings, are true to my knowledge and belief.

4. That the statements of my affirmations are true to my knowledge and belief.

Deponent

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated : _______day of July’ 2014.

Place : Alipore Police Court.

N O T A R Y

Petition for withdrawal of the Case / Criminal Case / Case

District : South 24 Parganas.

In the Court of the Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas.

Haridevpur Police Station Case no. 541 of 2013, dated 10-11-2013, under Section 384, 388, 500, 506(II), and 120B of the Indian Penal Code’ 1860.

In the matter of :

State of West Bengal

_________Complainant.

Shri Satya Narayan Gayen.
_______Defacto Complainant.

- Versus –

Shri R. Subramanian and others.

____________Accused.

The humble petition of the above named Defacto Complainant Shri Satya Narayan Gayen, most respectfully;

Sheweth as under :

1. That the present proceedings has been initiated at the written complaint of the Defacto Complainant, by the Haridevpur Police Station and registered as an FIR 541 of 2013, dated 10-11-2013, under Section 384, 388, 500, 506(II), and 120B of the Indian Penal Code’ 1860, against the alleged accused persons herein.

2. That in the present proceedings, the Police Officer of the investigation prayed before the Learned Court for transfer of the proceedings to the Mumbai Court of competent jurisdiction as of the major part of cause of action has been occurred at the Mumbai, and a little cause of action under continuation has been occurred at Kolkata in the jurisdiction of the Haridevpur Police Station, and whereas such a prayer of Police has been rejected by the Learned Court.

4. That your Petitioner states and submits that such alleged disputes has been resolved between the Complainant and of the accused persons, out of court.

5. That in view of such facts, the Complainant herein does not want to proceed with the present proceedings and or above referred case matter against the accused persons.

7. That your Petitioner states and submits that in view of the above referred facts, your petitioner seeks the withdrawal of the present proceedings and or above referred case matter.

9. That this application is made bonafide in the interest of fair administration of justice.

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

Verification

I, Shri Satya Narayan Gayen, being the Complainant, conversant with the material facts, made this petition and verified on _______day of September’ 2014, at Alipore Police Court.

( Satya Narayan Gayen )

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Date : ______ day of September’ 2014.

Place : Alipore Police Court.

AFFIDAVIT

1. That I am competent to swear this affidavit.

2. That I am Complainant in the present proceeding.

3. That the statements in the forgoing paragraphs of my petition for withdrawal of the present proceedings, are true to my knowledge and belief.

4. That the statements of my affirmations are true to my knowledge and belief.

Deponent

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated : _______day of September’ 2014.

Place : Alipore Police Court.

N O T A R Y