Restoration application in Writ Petition

 

 DISTRICT : South 24 Parganas.

 

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

CAN no. 1 of 2022

Arising out of W.P.A. No. 11926 of 2021;

 

In the matter of:

An application for restoration of WPA no. 11926 of 2021, in its original file after recalling the order dated 09/09/2022, passed by the Hon’ble Justice Amrita Sinha;

 

          And 

 

                                                          In the matter of:

Sri Ashit Das, Son of Sri Pramod Chandra Das, residing at WIB ( M ) 6/4 Phase – II, Police Station – Golf Green, Post Office – Golf Green, Kolkata – 700095.

  ______Petitioner

-Versus-

 

1)   The State of West Bengal, Service through the Secretary, Department of Urban Development & Municipal Affair, having it’s office at Nagarayan Bhavan, Block DF 8, Sector I, Salt Lake City, Second Avenue, Bidhan Nagar, Kolkata – 700064.

 

2)   The Commissioner, Kolkata Municipal Corporation, having its office at 5, S.N. Banerjee Road, Kolkata – 700013.

 

3)   The Mayor in Council, Building Department, Kolkata Municipal Corporation, having its office at 5, S.N. Banerjee Road, Kolkata – 700013.

 

4)   The Councilor, Ward no. 95, Kolkata Municipal Corporation, having his office at FL-6, W2C, BL-8, Golf Green, Phase-II, Kolkata- 700095.

 

5)   The Executive Engineer, Building Department, Kolkata Municipal Corporation, having its office at 5, S.N. Banerjee Road, Kolkata – 700013.

 

6)   The Chairman, W.B. Housing Board, having its office at “ABASAN”, 105, S.N. Banerjee Road, Kolkata - 700014.

 

7)   The Competent Authority, under the West Bengal Apartment Ownership Act 1972, Government of West Bengal, Department of Housing, having its office at New Secretariat Building, 1, Kiran Sankar Roy Road, Kolkata – 700001.

 

8)   The Officer in Charge, Golf Green Police Station, having its office at   58/107, Prince Anwar Shah Rd, Rajendra Prasad Colony, Tollygunge, Kolkata – 700045.

____Respondents

 

9)   Golf Green ( Phase – II ) Apartment Owners’ Association, having its office at Administrative Building, Phase – II, Golf Green, Kolkata – 700095.

 

10)        The President, Golf Green ( Phase – II ) Apartment Owners’ Association, having its office at Administrative Building, Phase – II, Golf Green, Kolkata – 700095.

 

11)        The Secretary, Golf Green ( Phase – II ) Apartment Owners’ Association, having its office at Administrative Building, Phase – II, Golf Green, Kolkata – 700095.

    ______Private Respondents

 

To

The Hon’ble Prakash Shrivastava, Chief Justice and His Companion Justices of the said Hon’ble Court.

The humble petition of the petitioners above named most respectfully;

SHEWETH:

 

1.   That the petitioner has filed the above referred Writ petition being WPA no. 11926 of 2021, before this Hon’ble Court, against the illegal construction made by the private respondents.

 

2.   That on 09/09/2022, the said writ petition was taken up for hearing by the Hon’ble Justice Amrita Sinha, when non-appeared for the petitioner. Consequently, the Hon’ble Court was pleased to dismiss the said writ petition for default.

Photostat copy of the said order dated 09/09/2022 obtained from the official website of this Hon’ble Court is annexed herewith and marked as Annexure “X”.

 

3.   That the Learned Advocate for the petitioner on 09/09/2022 had come to the Court. But after getting the news of his wife’s illness, he had to leave the court without requesting any of his colleagues for taking necessary steps. As such the petitioner was unrepresented when the matter was called for hearing. Consequently the Hon’ble Court was pleased to dismissed, the matter for default. Such absence of the Learned Advocate was not intentional.

 

4.   That the Learned Advocate had to attend his ailing wife for which he was absent. In the circumstance, the Hon’ble Court may kindly, recall the order dated 09/09/2022, and may restore WPA no. 11926 of 2021, in its original file.

 

5.   That this application is made bonafide and for the end of justice.

 

It is therefore prayed that your Lordship may graciously be pleased to pass the following order / orders :

 

a)    To recall the order dated 09/09/2022, passed in WPA no. 11926 of 2021, and to restore the case in its original file;

 

 

 

b)   Such other or further order/ orders as the Hon’ble Court may deem, fit and proper.

 

And the petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Sri Ashit Das, Son of Sri Pramod Chandra Das, aged about 48 years, by faith Hindu, by Occupation Service residing at WIB ( M ) 6/4 Phase – II, Police Station – Golf Green, Post Office – Golf Green, Kolkata – 700095, District South 24 Parganas, do hereby solemnly affirm and say as follows:

 

1.       That I am the petitioner of this application and I am well acquainted with the facts and circumstances of the case.

 

2. That the statements made in paragraph No. 1, & 3, are true to my knowledge and those made in paragraphs  2 are true to my information derived from the records of the case and rest paragraphs are my respectful submission before this Hon’ble Court.

 

 

Prepared in my office                           The deponent is known to me

 

                 Advocate                                Clerk to: Mr.                                                                                                                        Advocate

Solemnly affirmed before me

on this the       day of September, 2022.

 

I certify that all annexures

are legible.

 

               Advocate.

COMMISSIONER

DISTRICT : South 24 Parganas.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

CAN no. 1 of 2022

Arising out of W.P.A. No. 11926 of 2021;

In the matter of:

An application for restoration of WPA no. 11926 of 2021, in its original file after recalling the order dated 09/09/2022, passed by the Hon’ble Justice Amrita Sinha;

And

In the matter of:

Sri Ashit Das        ………..Petitioner

-Versus-

The State of West Bengal & Ors.

……Respondents

 

RESTORATION APPLICATION

 

MR. ASHOK KUMAR SINGH

Advocate

Bar Association, Room No.15,

High Court, Calcutta.

(M) 9883070666.

Email : aksinghadvocate@rediffmail.com

application for expunge name of the respondent in consumer case

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal

 

                                               IA no.           of 2019

C.C. Case No.208  of  2018

 

                                               In the matter of :

Hshieh Sui Ying, Son of Hsieh Ying Hsing, residing at 54C, Matheswartala Road, Police Station – Pragati Maidan, Kolkata – 700 046.

                             ___________Complainant

-      Versus –

 

1.   M/s. S.K.S. Developer, aproprietorship concern of Shri Sujit Saha, Son of Late Amar Chandra Saha, having his office at E185, Ramgarh, Police Station – Patuli, Kolkata – 700 047.

 

2.   Shri Dipak Kar, Son of Late Jagadish Chandra Kar, residing at CF-329, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064.

__________Opposite Parties

                                                AND

 

                                                In the matter of :

Shri Dipak Kar, Son of Late Jagadish Chandra Kar, residing at CF-329, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064

                             __________Applicant / Opposite Party number 2.

An application for removal of the O.P. no. 2 and or to expunge the name of the O.P. no.2, in the present Consumer Proceeding being CC/208 / 2018.

 

The humble petition on behalf of the opposite   party No. 2, namely Sri Dipak Kar most respectfully ;

Sheweth as under :

 

1.  That this opposite party is in receipt of the notice served by the Hon’ble State Commission, and therefore this opposite party accordingly appear in the present consumer proceeding and consequently submitted written version and there after subsequently he is in receipt of evidence on affidavit by the complainant.

 

2.  That this opposite party beg to states that the content and purport of the petition of complaint and the content and purport of the evidence on affidavit by the complainant are all the same and replica to each other. This opposite party do not find any story against him. Further this opposite party do not find his involvement into the story of complainant and the opposite party No.1.

 

3.  That this opposite party No.1 beg to states that this opposite party astonished how the complainant made him a party to the present proceeding, since there is no privity of contract either with the complainant or with the opposite party No.1. Therefore the present consumer proceeding is suffered with misjoinder of the party and this opposite party become victim at the instance of the complainant.

 

4.  That this opposite party beg to states that there is no piece of document to show that there is any contract either with the complainant or with the opposite party No. 1 and therefore the present consumer proceeding is a frivolous one against this opposite party and thus required to be dismissed in term of provision section 26 of the Consumer Protection Act 1986.

 

5.  That this opposite party beg to states that this opposite party did never enter into any nature of agreement either with the opposite party No.1 or with the complainant and further this opposite party did never execute any instrument or indenture in favour of opposite party No.1 of the complainant. This opposite party even did never take any money either from the opposite party No.1 or from the complainant.

 

6.  That this opposite party beg to states that in the entirety or proprietary of the complaint as made by the complainant and the evidence on affidavit as submitted by the complainant does not utter any story against this opposite party, which clearly establish that there is no complaint against this opposite party either in terms of the fact or in terms of the law and therefore this opposite party is not a necessary party to the present consumer proceeding.

 

7.  That this opposite party beg to states that unless there is a privity of contract either with the complainant or with the opposite party No.1. This opposite party cannot lodged into the present consumer proceeding.

 

8.  That this opposite party beg to states that this opposite party in not a service provider either to the complainant or to the opposite party No.1 herein. Therefore this opposite party names must be struck down in the present consumer proceeding, in the interest of administration of justice.

 

9.  That unless the name of the opposite party more particularly this opposite party be removed in the present consumer preceding, this opposite party will highly prejudice and suffer with  irreparable lose and injury.

 

10. That this application is made bonafide in the interest of administration and justice.                                                 

                                                                                             It is therefore prayed that your Lordship would graciously be pleased to allow this application and to remove this opposite party in the present Consumer proceeding, and to expunge the name of this opposite party in the present consumer proceeding in the interest of administration of justice and or to pass such other 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.

 

 

 

 

 

 

 

 

Affidavit

 

I, Shri Dipak Kar, Son of Late Jagadish Chandra kar, aged about ____years, by faith Hindu, by Occupation ______________, residing at premises being no.  – 2, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064, do hereby solemnly declare and affirm as follows :

 

1.   That I am being the Opposite Party no.2, in the present Consumer Proceeding CC/208/2018, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal.

2.   That I am much conversant with the material facts as described in the present Consumer proceeding by the Complainant, therein.

3.   That the statements contained in paragraph number ________ to ________ are true to the best of my knowledge and belief, and the rests are my humble submissions before the Hon’ble State Commission, W.B.

4.   The above statements are true to the best of my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

Advocate

Date : ______________2019.

Place : Alipore, Kolkata.

N O T A R Y

               

 

Petition under section 151 of Civil Procedure Code 1908 / CPC / Civil Suit / Suit

 

 

District : South 24 Parganas

In the Court of the Learned 4^th Civil Judge ( Senior Division ) at Alipore, South 24 Parganas.

 

                                                                        Money Suit no. 29 of 2019

                                                                        { Sl. I/19 }

 

                                                                        In the matter of :

                                                                        Hsieh Sui Ying & another

                                                                                                ___________Plaintiffs

-          Versus –

 

M/s. S.K.S. Developer

                        __________Defendant

 

An application under Section 151 of the Civil Procedure Code’ 1908

 

The humble petition of the above named Defendant, most respectfully;

Sheweth as under :

 

1.      That the Defendant on receipt of the Summons served by the Learned Court, appeared in the present Civil proceeding, before the Learned Court by filling Vakalatnama, through his Learned Advocate.

 

2.      That the Defendant beg to states that the Defendant is in receipt of the copy of Plaint only, with the Summons of the Learned Court and the defendant did not find any copy of the Documents and or papers with the said plaint, more particularly the document and or paper upon which the plaintiffs relied upon in the present civil suit proceeding, therefore the defendant seeks to get a copy of those particular document and or papers on which plaintiffs sought to claim relief in the present civil suit proceeding before the Learned Court.

 

3.      That in view of such facts that no copy of any document and or papers has ever been served by the plaintiff upon the defendant, the defendant reasonably seeks to get such those copy of document and or papers from the plaintiffs, as to enable himself to put reasonable comments thereof, in the present civil suit proceeding, in the interest of administration of justice.

 

4.      That unless the Learned Court direct the plaintiffs to serve copy of the document/s and or paper/s upon which the plaintiff relied on, in the present civil suit proceeding, to the defendant, the defendant will highly prejudice and suffer with irreparable loss and injury, thereof.

 

5.      That the balance of convenience and inconveniences are in favour of the defendant, and the plaintiffs will not prejudice.

 

6.      That this application is made bonafide 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 plaintiffs to serve copy of the document/s and or paper/s upon which the plaintiff relied on, in the present civil suit proceeding, to the defendant, 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 Sujit Saha, being the Plaintiff herein, made this application. I am conversant and acquainted with the material facts as stated in the foregoing paragraph of my application, and I verify and Sign this application as on ______________2019, at Alipore Judges Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

I, Shri Sujit Saha, of M/s. S.K.S. Developers, a proprietorship firm, having its office at E-185, Ramgarh, Ramkrishna Apartment, Ground Floor, Post Office – Naktala, Police Station – Netaji Nagar, Kolkata – 700 047, District – South 24 Parganas, respresented by its Sole proprietor Sri Sujit Saha, Son of Late Amar Chand Saha, aged about _____years, by faith Hindu, by Occupation Business, residing at premises being no. 521, Peyara Bagan, Post Office – Laskarpur, Police Station – Sonarpur, Kolkata – 700 153, District South 24 Parganas, do hereby solemnly, affirm and says as follows :

 

1.   That I being the defendant in the present civil proceeding, before the Learned Court, competent to swear this affidavit.

2.   That I am acquainted and conversant with the material facts, as stated in the foregoing paragraph of this application.

3.   That the content of paragraph nos. _______ to ______ are true to my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

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

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

Date : _______________2019

Place : Alipore Judges’ Court

 

N O T A R Y