application under section 147(1) of the Criminal Procedure Code 1973

 

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 4^th 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 10^th 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 23^rd 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 23^rd 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

application in consumer proceeding

 

Before the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas

Baruipur, Kolkata - 700144

 

 

CC/1/2022

 

 

In the matter of ;

 

An application for ex-parte against the respondents;

 

AND

 

In the matter of ;

 

Mr. Kalyan Chatterjee,

                             ______Petitioner

-      Versus –

Indian Overseas Bank & Others,

                         _____Respondents

 

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

 

Sheweth as under :

 

1.   That on the last occasion on 25-04-2022, the Hon’ble District Commission fixed the said date for filling the Written Version by the Respondents, which has occasion 59 (Fifty Nine) days being availing opportunities by the respondents to file their Written Version after their appearance in the present Consumer proceeding. But the respondents did not submit their Written Versions even after availing 59 (Fifty Nine) days, by placing one adjournment petition on the ground that the Learned Advocate on record was ill and the said petition was without any copy of the prescription or medical documents, so far, being annexure to the petition in justifying the contents.

 

2.   That the Hon’ble District Commission was pleased to pass necessary order on 25-04-2022, in the following being the operative portion of the said order reproduced :

 

“ It appears from the case record that the O.Ps. have already granted time for 59 days to file W.V. from the date of appearance. Considering the above noted facts, the O.Ps. are directed to file show-cause as to why the case shall not be heard ex-parte against the O.Ps.”

 

3.   That it is pertinent to states that the Respondents has received the notice given by the Hon’ble District Commission, by 20^th January’ 2022. The said notice has been directed to file their Written Version by 25^th day of January’ 2022, thus a total period for submission of their written version has been availed as of 95 (Ninety Five) days till 25^th April’ 2022. But the respondents did not submit. The Respondents availed 3 (Three) Occasions and 95 (Ninety Five) days, but did not submit their Written Version.

 

4.   That the Petitioner states and submits that the Written Version is required to be filed within 30 (Thirty) days and the same can be extended by a further period of 15 days, and the opposite party has already lapsed 59 (Fifty Nine) days from the date of appearance, as such their written version, if any, cannot be accepted as per the provision or or directives of the Hon’ble Apex Court and hence the case may be fixed for ex-parte hearing”. The Revisionist placed a Reportable judicial citation held in Petition for Special Leave to Appeal (Civil) No. 1240 of 2021 { M/s. Daddy’s Builders Private Limited & Anr. – Versus – Manisha Bhargava and Another }, by the Hon’ble Supreme Court of India, on 11 February 2021, as “In any case, in view of the earlier decision of this Court in the case of J.J. Merchant (Supra) and the subsequent authoritative decision of the Constitution Bench of this Court in the case of New India Assurance Company Limited V. Hilli Multipurpose Cold Storage Pvt. Limited (2020) 5 SCC 757, Consumer for a has no jurisdiction and / or power to accept the written statement beyond the period of 45 days, we see no reason to interfere with the impugned order passed by the learned National Commission”.

 

Photostat copy of the Judicial precedents are annexed herewith and marked as Annexure – “A” Collectively.

 

5.   That in the facts and circumstances, as well as in view of the directions and observation of the Hon’ble Supreme Court of India, the Hon’ble District Commission should not take any Written version beyond the period of 45 days, from the respondents, and the present consumer proceeding may direct ex-parte against the respondents, in the interest of administration of Justice.

 

6.   That unless the Hon’ble District Commission direct the present consumer proceeding ex-parte against the respondents, the Petitioner will highly prejudice and suffer with irreparable loss and injury, thereof.

 

7.   That the preponderance of balance of convenience and inconveniences are in favour of the Petitioner.

 

8.   That this application is made bonafide and in the interest of administration of Justice.

 

It is therefore prayed that the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas, would graciously be pleased to allow this petition and to direct the present consumer proceeding ex-parte against the respondents in the interest of administration of Justice, and or to pass such other necessary order or orders as the Hon’ble District Commission, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Before the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas

Baruipur, Kolkata - 700144

 

 

CC/1/2022

 

In the matter of ;

 

Mr. Kalyan Chatterjee,

                             ______Petitioner

-      Versus –

Indian Overseas Bank & Others,

                         _____Respondents

 

AFFIDAVIT

 

Affidavit of Mr. Kalyan Chatterjee, Son of Adhir Kumar Chatterjee, aged about 39 years, by faith Hindu, by Occupation profession, residing at Village & Post Office – Radhakantapur, Police Station – Raidighi, District – South 24 Parganas, Pin – 743354.

 

I, the above deponent do hereby solemnly affirm and declare as under :

 

1.   That I am the petitioner herein in the present consumer proceeding, thoroughly conversant with the facts and circumstances of the present case. I am competent to swear this affidavit.

 

2.    That the facts contained in my 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.

 

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

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : _______________________ 2022.

Place : Baruipur, South 24 Parganas.

N O T A R Y