Petition for Original Document

 

IN THE COURT OF CITY CIVIL AT KOLKATA

2 & 3, Kiran Shankar Ray Road, Kolkata – 700001

BEFORE THE LEARNED 3^RD BENCH

 

 

Money Suit No.                        of 2022

 

 

SHRI ASHTAVINAYAK FASHIONS,

………. Plaintiffs

 

                                 -VERSUS-

 

ARTIMAS FASHIONS PRIVATE LTD.,

……….Defendant

 

The humble petition on behalf of the above named plaintiff, most respectfully;

Sheweth as under;

 

1.   That the Plaintiff filed the instant Suit for recovery of a sum of Rs. 17,71,080/- and other reliefs, as stated in the plaint, moreover.

 

2.   That the Plaintiff will file all original documents at the time of evidence or as and when called for by the Learned Court and as such the Learned Court may be pleased to allow this petition otherwise your plaintiff will highly prejudice and suffer with irreparable loss and injury.

 

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

 

4.   That this petition is made bonafide and in the interest of administration of justice.

 

Under the above facts and circumstances, your Honour would graciously be pleased to allow this petition 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.

 

                 

 

V E R I F I C A T I O N

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, a partner of the Plaintiff above named do hereby verify that the statements made above in Paragraphs are true to the best of my knowledge and belief and rests are my submissions before this Ld. Court and I sign this verification on this the ____ day of July 2022, at Kolkata.

 

                                                                                             

 

                                                                             __________________

 

 (DEPONENT)

 

 

 

 

 

 

 

 

A F F I D A V I T

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, aged about _____ years, by faith Hindu, by Occupation Business, Working for Gain at Shri Ashtavinayak Fashions, having its Office at Green View Apartment, Commercial Block, Upper Bhanu Nagar, Siliguri - 734001, being the Partner of the Plaintiff above named, do hereby solemnly affirm and declare as follows:-

 

1.      That I am one of the Partner of the Plaintiff above named. The other partner duly authorized me to swear this affidavit.

 

2.      That I am fully acquainted with the facts and circumstances of the above mentioned suit and I am competent to swear this affidavit.

 

3.   That the statements made in Paragraphs _______to _________are true to the best of my knowledge, and the rests are my humble submissions before the Learned Court.

 

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

 

 

_________________________

          (DEPONENT)

                                                                                      Identified by me.

                                                           

Advocate,

Prepared in my Chamber,

 

Advocate

Date : ___________2022

Place : Kolkata

 

NOTARY

 

Petition for rejection of amendment of pleading

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III

Tramline Building ( 1^st Floor )

18, Judges Court Road, Alipore, Kolkata - 700027

 

 

 

Consumer Case no. CC/281/2021

 

 

In the matter of :

 

Tapas Ghosal, and Others;

                ----Complainants

-      Versus –

Soumen Chakraborty,

                ------Opposite Party

 

Petition for rejection of amendment of pleading under Order VI Rule 17, of the Civil Procedure Code’ 1908;

 

The humble petition of the Opposite Party, above named, most respectfully;

 

Sheweth as under;

 

1.  That the Complainants instituted their Consumer Case under Section 35 of the Consumer Protection Act, 2019, against this opposite party, with a prayer to direct the developer to hand over the ready flat within 3 months from the date of the order, and to refund the entire amount of Rs. 14,70,000/- with 12% simple interest from date of payment till realization, and compensation and litigation cost, etc.

 

2.  That the Opposite Party appeared in the present consumer proceeding instituted by the complainant on receipt of the notice given by the Hon’ble District Commission. The Opposite Party submitted his Written Version being appropriate answer/ reply on the consumer application of the complainants.

 

3.  That on and after submissions of the written version, the present consumer proceeding is fixed for submission of Evidence on Affidavit by the Complainants, which being commencement of trial in the present consumer proceeding before the Hon’ble District Commission.

 

4.  That thereafter the Complainants placed an application for amendment of their pleading in terms of the Schedule given therein, on plea that some important facts were inadvertently omitted in complaint petition, which is not correct and true state of affair, as the same is an endeavour to fulfil their latches on being came into knowledge after submission of the written version by this opposite party.

 

5.  That this Opposite party states and submits that the application for amendment by the complainants is an endeavour to fulfil their latches on being came into knowledge after submission of the written version by this opposite party.

 

6.  That this Opposite party states and submits that the proposed amendment is not in formal in nature and thus the nature and character of the present consumer complaint case shall change in its entirety.

 

7.  That this Opposite party states and submits that the additional facts by way of proposed amendment is not acceptable, specifically when the facts does not accompanied with any document to be ever relied on by the complainants.

 

8.    That this Opposite party states and submits that the deletion of prayer “b” in the petition of consumer complainant, cannot be said to be an amendment by way of deletion of prayer, as the same is not permissible in terms of the provision of Order VI Rule 17 of the Civil Procedure Code’ 1908.

 

 

 

 

9.  That this Opposite party states and submits that the deletion of prayer “b” in the petition of consumer complainant is not an amendment and the same is covered by the provision of Order VI Rule 16 CPC being striking out pleading which is otherwise an abuse of the process of the Court.

 

10.              That this Opposite party states and submits that the complainants added a paragraph in paragraph number 11, which has no significance to determine the real question of controversy.

 

11.              That this Opposite party states and submits that the mentioned amendments shall not be needed to determine the real question of controversy.

 

12.              That the proposed amendment has malafide intention and shall delay the trial of the present consumer proceeding.

 

13.              That if the Hon’ble District Commission all owes the petition of amendment of the Consumer application, the Complainants shall be highly prejudiced.

 

 

Wherefore it is most humbly prayed that your Honour would graciously be pleased to allow the petition for rejection of the amendment of the consumer application 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, Soumen Chakraborty, bein the Opposite Party, made this petition for rejection of amendment placed by the complainants. I am conversant and acquainted with the material facts as stated in the forgoing paragraph of the petition. I verify and sign this on the ____day of ________2023, at the Court Premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

I, Sri Soumen Chakraborty, Son of Ashoke Chakraborty, aged about _____years, by faith Hindu, by Occupation Business, and Proprietor of M/s. MIK Developer, a proprietorship concern having its office at 90, Santosh Roy Road, James Long Crossing, Kolkata – 700008, do hereby solemnly affirm and declare as follows :

 

1. That I being the Opposite Party in the instant case being filed by the Complainant, and I am well conversant with the facts and circumstances of the said case.

                                This is true to my knowledge.

 

2. That the statements made in paragraphs 1 to __________of my petition are true to the best of my knowledge and belief and the rests are my humble submissions before your Honour’s Commission.

 

 

 

 

D E P O N E N T

 

Identified by me

 

 

Advocate.

Prepared in my Chamber,

 

 

Advocate.

Date : ____________2023.

Place : Alipore, Kolkata.

 

N O T A R Y

 

 

 

 

 

 

Petition under Order 7 Rule 14(3) of Civil Procedure Code 1908

 

IN THE COURT OF CITY CIVIL AT KOLKATA

2 & 3, Kiran Shankar Ray Road, Kolkata – 700001

BEFORE THE LEARNED 3^RD BENCH

 

Money Suit No.                        of 2022

 

SHRI ASHTAVINAYAK FASHIONS,

………. Plaintiffs

                    -VERSUS-

ARTIMAS FASHIONS PRIVATE LTD.,

……….Defendant

Petition under Order 7 Rule 14(3) of the Civil Procedure Code, 1908

The humble petition on behalf of the above named plaintiff, most respectfully;

Sheweth as under;

 

1. That the following documents/ papers, which are relied on by the plaintiff are duly enclosing herewith at the time of presenting the plaint by the plaintiff and seeks Leave of the learned Court to produce any further or other document/s or paper/s at the time of evidence or as and when the same has been under necessity;

 

a)    Distributor Agreement dated 18/06/2019;

b)   Ledger Account in the name of Artimas Fashions Private Limited, maintained by the Plaintiff;

c)    GST Details / Particulars of Shri Ashtavinayak Fashions;

d)   Stock Group Summary of the Plaintiff;

e)    Legal Notice dated 26/05/2022, issued on behalf of the Plaintiff;

 

2. In view of the fact stated above, plaintiff enclosing herewith the document/s or papers/s relying on at the time of presenting the plaint by the plaintiff and seeks Leave of the learned Court to produce any further or other document/s or paper/s at the time of evidence or as and when the same has been under necessity.

 

3. Unless the Learned Court take those document/s or paper/s relying on by the plaintiff  in the Suit, the plaintiff will highly prejudice and suffer with irreparable loss and injury, thereof.

 

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

 

5. That this petition is made bonafide and in the interest of administration of justice.

 

Under the above facts and circumstances, your Honour would graciously be pleased to allow this petition to take those document/s or paper/s relied on by the plaintiff on record, 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.

                 

V E R I F I C A T I O N

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, a partner of the Plaintiff above named do hereby verify that the statements made above in Paragraphs are true to the best of my knowledge and belief and rests are my submissions before this Ld. Court and I sign this verification on this the ____ day of July 2022, at Kolkata.

 

                                                                                            

 

                                                                            

A F F I D A V I T

 

I, SRI AMAN GARG, S/o Sri Deepak Kumar Agarwal, aged about _____ years, by faith Hindu, by Occupation Business, Working for Gain at Shri Ashtavinayak Fashions, having its Office at Green View Apartment, Commercial Block, Upper Bhanu Nagar, Siliguri - 734001, being the Partner of the Plaintiff above named, do hereby solemnly affirm and declare as follows:-

 

1.      That I am one of the Partner of the Plaintiff above named. The other partner duly authorized me to swear this affidavit.

 

2.      That I am fully acquainted with the facts and circumstances of the above mentioned suit and I am competent to swear this affidavit.

 

3.   That the statements made in Paragraphs _______to _________are true to the best of my knowledge, and the rests are my humble submissions before the Learned Court.

 

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

 

 

_________________________

          (DEPONENT)

                                                                                      Identified by me.

                                                           

Advocate,

Prepared in my Chamber,

 

Advocate

Date : ___________2022

Place : Kolkata

 

NOTARY