In
the Court of Learned Executive Magistrate Baruipur, South 24 Parganas
Ref:
M.P. Case No. 2022
In
the matter of ;
An
application under section 147(1) of the Criminal Procedure Code 1973;
And
In
the matter of
M/s. Calcutta
Engineers & Builders Private Limited, (CIN : U45200WB2008PTC129130), having
its Registered Office at Premises being no. 1, Indra Roy Road, Kolkata –
700025, Police Station Bhawanipore, represented by its Director Sri Debnath
Chatterjee.
……
Petitioner
-
Versus –
Naredrapur Police
Station
1.
M/s.
Devaloke Developers Limited, having its Registered Office at Premises being no.
82, Garia Main Road, Mahamayatala, Police Station – Naredrapur, Kolkata –
700084, represented by its Director Sri Shankar Kundu.
2.
Men and agents of M/s. Devaloke
Developers Limited, having its Project Site at “DEVALOKE SONAR CITY” at Holding
no. 1117, Shimultala, Sonarpur Station Road, Post Office – Ramkrishna Pally,
Police Station – Naredrapur, Kolkata – 700150, District – South 24 Parganas.
……..Opposite
Parties
The
humble petition on behalf of the above named petitioner most respectfully;
Sheweth
as under:
1.
That
your petitioner is a Private Limited Company incorporated under the Companies
Act 2013, carrying its business in Civil Work being building constructions on
work contract and represented by its Director Debnath Chatterjee, who is a peace
loving and law abiding citizen of this Country. The petitioner is carrying its
business at the address given in the cause title of this petition.
2.
That
the petitioner is engaged in Civil Work being Construction of the building
structure in terms of the prescribed Sanctioned Building Plan, furnished by
M/s. Devaloke Developers Limited, and whereas the said Developer Company
entered into Contract for such work given to the Petitioner, which is
recognized as Work Order for Civil Work in their Project Site being “DEVALOKE
SONAR CITY” at Holding no. 1117, Shimultala, Sonarpur Station Road, Post Office
– Ramkrishna Pally, Kolkata – 700150.
3.
That
the Petitioner acquired three works order given by the said Developer Company
in respect of construction of Building Block being no. 6, & 10, 8, and 3.
As of now, Your petitioner have completed Building Block no. 8, and 3, and
Building Block no. 10, has been completed though some of the civil work is
pending at the behest of the said developer company, who time and again asked your
petitioner to stop the assigned work given by them on different plea. Regarding
Block no. 6, your petitioner have completed up-to 4th floor slab,
and consequently the said developer company, asked your petitioner to stop the
continuing construction work as some injunction on the said location or
property has been directed by the Learned Civil Court, as intimated by the said
Developer Company.
4.
Since
10th day of March’ 2016, your petitioner’s engagement has been
assigned for Civil Work, by the said Developer Company. During pandemic since
March 2020 to till normalization in the 2021. Your petitioner incurred huge
financial loss including loss of labour and workers, etc. the said Developer
Company did not compensate your petitioner by giving a single penny, during
such pandemic situation.
5.
That
in Building Block no. 6, your petitioner incurred substantial financial losses,
as the same has been asked to stop by the said Developer Company. The Building
materials and the materials for the construction work of the building structure
with your petitioner’s men and agents are still lying and staying there as the
said developer company asked the petitioner to be ready at all time for the
civil work in the project premises, and as the said developer company has
conversation with the litigant to resolve, the same may be resolved on any day.
6.
That
the machinery i.e. JCB, DG Set, Steel shuttering plates, Steel Column clamps,
Electrical Cables, Water pumps, Concrete Vibraters, and the accessories for
construction, and your petitioner’s Temporary Office being Camp Office at the
said Site having Important Documents and papers lying therein, and Staffs Quarter
with one Kitchen and toilet for the staffs being labour and worker engaged at
the said Project Site.
7.
That
your petitioner placed their lawful demand to the said M/s. Devaloke Developers
Limited, time and again through their personal visit as well as through written
communication via email, etc. though the said Developer Company did not pay your
petitioner’s receivable money till date and thus a sum of Rs. 1,10,09,611.08 (
Rupees One Crore Ten Lakhs and Nine Thousand and Six hundred Eleven and paise
Eight ) only, and others lawful claims are payable by the said developer
company to your petitioner.
8.
On
23rd day of June’ 2022, your petitioner received information from their
staffs, that the men and agents of the said developer company are trying to
evict them and trying to thrown out your petitioner’s materials and
machineries. On hearing such your petitioner visited and talked to them whereas
the men and agents of the said developer company asked the petitioner to vacate
immediately by tomorrow, otherwise they will evict and throw out your
petitioner’s machineries from the Project site.
9.
That
your petitioner placed their lawful demand once again, which the developer
company refused and asked as vacant at the earliest by tomorrow. The men and
agents of the said developer company assaulted your petitioner’s
representatives with most abusive languages to which they sustain solemn bodily
injury and feeling insulted. Therefore in such given circumstances, your
petitioner realized as to loss of money as well as machineries, and men and
agents, so far.
10. That the
petitioner acknowledged this fact to the duty officer of the Naredrapur Police
Station, and lodged such facts as a General Diary Entry being no. 2295, dated
23-06-2022. The Police Official advise your petitioner to take specified order
to restrain the opposite parties from their wrongful doing and creating breach
of peace and tranquility at the Project Site. The petitioner, also acknowledge
such facts to the Higher Police Officials including the Superintendent of
Police for the Baruipur Police District, with a prayer of protection of
property and their men and agents, which has been duly acknowledged, though has
been pursued by the Police authority, which ultimately strengthen the deeds of
the opposite parties.
11.
That
the cause has been accrued on 23rd day of June’ 2022, with a threat
of the opposite parties to continuing their wrongful deeds on your petition by
next day, so far. Thus your petitioner reasonably apprehending eviction and
breach of peace and tranquility at the Project Site being “DEVALOKE SONAR CITY”
at Holding no. 1117, Shimultala, Sonarpur Station Road, Post Office –
Ramkrishna Pally, Kolkata – 700150.
12.
That
the opposite parties are moneyed man having influences in state administration
and dangerous in nature, therefore the petitioner is apprehending their
upcoming visit to the petitioner in trying to evict your petitioner on the said
project site. Therefore, the petitioner is in panic and there is serious
apprehension of breach of peace and tranquility in the locality.
13.
That
the petitioner should not evict having your petitioner’s rights on the Project
Site by way of three Work Order for Civil Work at the project site being
“DEVALOKE SONAR CITY” at Holding no. 1117, Shimultala, Sonarpur Station Road,
Post Office – Ramkrishna Pally, Kolkata – 700150, without due process of law.
The petitioner finding no other alternative, resort before this learned Court.
14.
That
this application is made bonafide and in the interest of administrative of
justice.
It is therefore prayed that your
Honour would graciously be pleased to draw up the proceeding under section
147(1) Cr.P.C., against the opposite parties and their men against in respect
of the suit property and restraining the opposite parties from creating chaos,
obstruction, disturbance, annoyance in the suit property and to direct the
Officer In Charge of Narandrapur Police Station to restrain the opposite
parties in disturbing the petitioner and also restrain the opposite parties so
that they may not evict the petitioner from the suit property without due
process of law and to enquiry and submit report before the Learned Court in the
interest of administrative of justice. And/ or pass such necessary order or
orders as your Honour 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.
Schedule
{Suit
Property}
All that peace and parcel of Project
Site being “DEVALOKE SONAR CITY” at Holding no. 1117, Shimultala, Sonarpur
Station Road, Post Office – Ramkrishna Pally, Kolkata – 700150, District South
24 Parganas.
Verification
I, Debnath Chatterjee, being the Director
of the Petitioner herein, do hereby declare that the foregoing paragraphs no.
_________to _________ are true to the best of my knowledge and belief and the
rests are my humble submissions before the Learned Court. I duly sign and verify
this application on _______________2022, at the Baruipur, South 24 Parganas.
AFFIDAVIT
I, Sri Debnath Chatterjee, Son of Late
Sachinath Chatterjee, aged about 52 years, by faith Hindu, by Occupation
Business, engaged as a Director in M/s. Calcutta
Engineers & Builders Private Limited, (CIN : U45200WB2008PTC129130), having
its Registered Office at Premises being no. 1, Indra Roy Road, Kolkata –
700025, Police Station Bhawanipore, 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.
The facts contained in my accompanying
case or application, 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, and belief.
DEPONENT
Prepared
in my Chamber, Identified
by me,
Advocate
Advocate
Date
: _________________2022.
Place
: Baruipur, West Bengal.
NOTARY
No comments:
Post a Comment