Saturday, November 25, 2023

Legal Notice

 

                       

SnehasishSutradhar                                   Chamber:

                               Advocate                                                       peyarabagan,Near B.D.Memorial School

      Calcutta High Court                                                              Kolkata-700153

                                                                                                        (M) 9831161762

                                                                                                        E-mail-snehasish.sutradhar@gmail.com

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To,                                                                                                   Date -                             

     The Branch Manager

     Paschim Banga Gramin Bank                            

     10/1, G.T.Road (South)                                                                                                         

      Howrah- 711101

 

                                                             

                                                            My client : Smt. Debi Sarkar

                                                                            wife of Sri Pulak Sarkar

                                                                            Santinagar, Goaberia Colony

                                                                            P.O. D.S.Lane, Howrah- 9

 

Sir,

      Under the instruction and on behalf of my client above named, I inform you as follows:-

That my client purchased five 5½ years Kisan Vikas Patra(KVP) of Rs. 500/- each and another one 5½ years Kisan Vikas Patra(KVP) of Rs. 5000/- from Bakultala Post office, Howrah, where as the five no. of KVP are 39EE874237, 39EE874238, 39EE874239, 39EE874240, 39EE874241, 39EE874242 and where all issuing date was 22.08.2002 and date of maturity was 22.04.2010 and another one KVP being no. 91BB586612 of Rs. 1000/- which issuing date was 16.08.2002 and date of maturity was 16.04.2010.

 

 

That my client took a loan of Rs. 6,500/- from your bank against the aforesaid six KVP and whereas you have received that KVP from my client and after that you sanctioned the aforesaid loan in favour of my client and where the loan account no. is DM110020018.

That after my client to repay the aforesaid loan amount with interest i.e. Rs. 13,582/- has been paid by my client and the statement of account has been reflected and corroborated the same.

That on 14.06.2011 my client send a letter to you for refund the aforesaid six KVP which was kept in your custody but unfortunately you and your head office inform my client by a letter dated 03.08.2012 that you have not received the aforesaid KVP certificate and also you stated on your letter that you lost all the aforesaid KVP certificate.

That the all KVP certificate has been matured at present and if you not refund the aforesaid KVP certificate to my client than he will suffer irreparable loss and injury.

Why my client will suffer due to your negligence and careless work. You have been proved your deficiency of service.

Therefore, I hereby request you please return all six KVP certificate to my client within 15 days from this notice otherwise my client will take a legal action against you.

 

Copy to:                                                                                                             Yours faithfully,

 Head office                                                                                                       Snehasish Sutradhar

 Paschim Banga Gramin Bank                                                                                           Advocate

Natabar Pal Road,Chattarjee para More

 Tikiapara, Howrah-711101     

    

Written Objection

 

 

 

District: South 24 parganas

IN THE COURT   OF THE   LEARNED   FAST TRACK 6TH JUDGE AT ALIPORE

 

                                              Matrimonial suit no.  9 of 2013                                                                

                                             Sib Sankar Bose

                                            

                                                                    ……………. Petitioner/ Husband

 

                                                   -Versus-

 

                                             Rumpa Bose (Saha)                                                                                                                                             

                                                                   ……………. Respondent/ wife

                                                                                                                                                                     

WRITTEN OBJECTION AGAINST AN APPLICATION UNDER SECTION 151 C.P.C.

                                                                        

Most Respectfully Sheweth:-

1.                 That the application is not maintainable either in law or in facts.

 

2.                 That the application is false, frivolous, concocted and malafide one.

 

3.                 That your respondent has no locus standi to file an application under section 151 C.P.C. for stay all the proceedings whereas the law says that under section 151 C.P.C.  has not been applicable where specific provision is there.

 

4.                 That your petitioner respectfully submits before your Honour’s Court that it is common ground that the inherent power of the Court cannot override the express provisions of the law. In other words, if there are specific provisions of the Code dealing with a particular topic and they expressly or by necessary implication exhaust the scope of the powers of the Court or the jurisdiction that may be exercised in relation to a matter the inherent power of the Court cannot be invoked in order to cut across the powers conferred by the Code.

 

 

 

 

5.                 That your petitioner/husband denies each and every allegation made and contained in different Para of the petition save and except those which has been specifically admitted hereunder.

 

6.                 That the statements made in Paragraph No. 1 to 3 are admitted by the petitioner.

 

 

 

7.                 That the contained in Para 4 and 5 of the 151 petition are false and fabricated whereas your petitioner pay Rs.2000/- in every month to your respondent as per the order of Ld. 2nd J.M. Court(Barrackpore) and your petitioner prefer to appeal against the order no.12 dtd.01.10.2013.

 

8.                 That your respondent is not interested to return her matrimonial house and also your respondent not interested to continue her matrimonial relation with her husband whereas your respondent break her matrimonial relation voluntarily.  

 

                                                   It is therefore humbly prayed before your    

                                                   Honour that the stay application U/S 151 is

                                                   Liable to be dismissed with cost or to pass 

                                                   such other order/orders as your Honour may

                                                   deem fit and proper for the ends of justice.

                                                            

 

And for this act of kindness, as your petitioner in duty bound, shall over pray.

 

 

                                                              VERIFICATION

I, Sib Sankar Bose the petitioner/ husband do hereby declare that the statements made in the foregoing paragraphs are true to my knowledge and belief and I sign this verification this the              day of              , 2014.

 

 

                                                      

                                                                        

 

 

 

 

                                                         AFFIDAVIT

 

      I,  Sri Sib Sankar Bose son of late Santosh Bose, aged about 39 years, by faith- Hindu, by occupation- auto driver, residing at 3/119, Vidyasagar Colony, Naktala, P.O.& P.S. Patuli, Kolkata-700047, District- South 24 Parganas , do hereby solemnly affirm and declare as follows :-

                                    

 

1.     That I am the Petitioner/ husband in the above case and am well conversant with the facts and circumstances of this case and as such I am competent to swear this affidavit in this case.

                                                           

                                                       This is true to my knowledge.

 

2.     That the statements made in the foregoing paragraphs nos. 1 to 8 of this petition are true to my knowledge and belief and the rest thereof are my humble submission before this learned Court.

 

 

 

 

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

                                                                                       DEPONENT

 Prepared in my chamber &                                        Identified by me

read over & explained by me

in Bengali.                                                                               Advocate                                                                  

 

Advocate                                                                                

                                                                              

 

 

                                                         

Restoration application in matrimonial suit

 

 

 

District: South 24 parganas

IN THE COURT OF THE LEARNED 10th JUDICIAL MAGISTRATE AT ALIPORE

                                                       Miscellaneous Case no.            of 2014

                                                       (Arising out of ACM 403 of 2012)                                       

                                                       Smt. Shila Chowdhury

                                                       Wife of Binod Chowdhury

                                                       Daughter of Late Subdar Chowdhury of

                                                       5,Deb Narayan Banerjee Lane

                                                       P.S. Chetla, Kolkata-70027

                                                                                                                                                          

                                                                                 ……………. Petitioner/Wife

         -Versus-

                                                        Sri Binod Chowdhury

                                                        Son of Hiralal  Chowdhury

                                                        Residing at B-81,Sukanta Pally

                                                        Keorapukar,Kolkata-700082 

                                                                                ……………. Respondent/Husband  

                                                   

AN APPLICATION FOR RESTORATION THE CASE BEING NO.ACM 403 OF 2012                                                                                                          

                                                     The Humble petition on behalf of the above                                                           

                                                      named Petitioner/Wife.                                                                        

Most Respectfully Sheweth:-

1.     That the wife/petitioner of the above named suit is the legally married wife of the respondent/Husband and their marriage was solemnized on 03.03.2001 according to Hindu rites and customs and out of their marital

 

 

wedlock a female child was born on 13.12.2001 and another female child was born on 23.04.2004, who are called and known as “Shikha Chowdhury” and “Neha Chowdhury” respectively.

 

2.     That thereafter when her husband never took any information about her and their minor daughters and refused to pay any sort of maintenance to her and she on 03.08.2012 filed the above case of maintenance as well as interim maintenance before the Court of the Learned ACJM at Alipore, South 24 Parganas for herself and her minor daughters which subsequently transferred before your Honour’s Court for its disposal and after hearing of the interim maintenance the Ld. Court was pleased to pass an order where Ld. Court directing the husband to pay the petitioner/wife a monthly sum of Rs. 2000/-only as interim maintenance for their minor daughter but the respondent/husband willfully neglecting/violating your Honour’s order.

 

3.     That the opposite party has appeared this case by filing vakalatnama and he also contests the case by filing show cause.

 

 

4.     That the case was fixed for evidence and on 06.09.2014 your petitioner was present before your Honour’s Court for filing her affidavit-in-chief but due to not present of the opposite party your Honour fixed an another date for evidence and necessary order may passed but unfortunately your

 

 

5.     Honour passed the order of show cause against your petitioner whereas your petitioner was present on that day but the opposite party always absent in every date.

 

6.      That the Learned court was pleased to fixed a date i.e. 20.09.2014 for show cause and that due to out of station your petitioner could not before your Honour’s court that day and her Learned Advocate filed a hazira but unfortunately your Honour dismissed the case for non –prosecution.

 

7.     That your petitioner states that there is no willful default and/or latches on the part of your petitioner for the aforesaid mater whereas her Ld. Advocate does not filed any show cause petition and due to unforeseen circumstances which was beyond the control of your petitioner, your petitioner could not proceed on the said day.

 

8.      That your petitioner at all material time have diligently and assiduously conducted the above case and has taken all necessary steps in this connection therewith the dismissal of the aforesaid case on 20.09.2014 was beyond your petitioner control and due to unavoidable circumstances and your petitioner humbly prays for recalling of the said order dated  20.09.2014 .

 

9.     That in the above premises it is necessary to set aside the order of dismissal of the aforesaid maintenance case dated 20.09.2014 the same be restored to the original file otherwise your petitioner shall suffer irreparable loss and injury.

 

 

 

 

10.                     That the petition is made bonafide and for ends of justice.

 

                                                           

 

                                               Therefore, your petitioner most humbly prays

                                               that your Honour would graciously be pleased

                                               to set-aside the order of dismissal of the afore-

                                               said maintenance case dated 20.09.2014 and

                                              restore the same in its original file and also be

                                              pleased to pass such other order or orders as

                                              your Honour may deem fit and proper.

 

 

And for the act of kindness, your petitioner as in duty bound, shall ever pray.

         

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                       

      

                                                           AFFIDAVIT

I, Smt. Shila Chowdhury(Singh), wife of Sri. Binod Chowdhury, daughter of late Subdar Singh, aged about 28 years, by faith- Hindu, by occupation- Household duties, residing at 5, Deb Narayan Banerjee Lane, P.S. Chetla, Kolkata-700027, do hereby solemnly affirm and declare as follows :-

 

1.     That I am the petitioner wife of the above application and I am well conversant with the facts and circumstances of the case and I am competent to swear this affidavit.

                                                           

                                                      

2.     That the statements made in the paragraph nos. 1 to 9 of the foregoing paragraphs are all true to my knowledge, information and belief and the rest thereof are my humble submission before this learned Court.

 

 

 

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

                                                                           DEPONENT

Prepared in my chamber                   Readover, explained in Bengali

                                                               and Identified by me.

 

                  Advocate

                                                                               Advocate