Sample Template Example of Beautiful Excellent Professional Application with Affidavit to Supreme Court Civil Appellate Jurisdiction in India, Canada, USA, Europe etc in Word / Doc / Pdf Free Download
VERIFICATION:-
Download Format
IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
I. A.
No._____ of 2018
-IN-
SPECIAL
LEAVE PETITION (CIVIL) NO. 21111 OF 2018
IN
THE MATTER OF:-
SUNITA
ESTATE (P) LTD. & OTHERS
|
….PETITIONERS
|
-Versus-
|
|
PARITOSH
COMMERCIALS UNION & OTHERS
|
…RESPONDENTS
|
I.A. NO………. of 2018
APPLICATION
FOR LEAVE TO URGE SUBSEQUENT EVENTS SUBSEQUENT TO THE FILING OF THE SPECIAL
LEAVE PETITION WITH AFFIDAVIT.
PAPER
BOOK
[kindly
see inside for Index]
ADVOCATE
FOR THE PETITIONER : MR. PROVAT KUMAR
PAUL
IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
I. A.
No._____ of 2018
-IN-
IN
THE MATTER OF:-
SUNITA
ESTATE (P) LTD. & OTHERS
|
….PETITIONERS
|
-Versus-
|
|
PARITOSH
COMMERCIALS UNION & OTHERS
|
…RESPONDENTS
|
INDEX
Sl.
No. PARTICULARS PAGE No.
1)
|
I.A. NO………. of
2018
Application for
leave to urge subsequent events subsequent to the filing of the special leave
petition with affidavit.
|
1 – 6
|
2)
|
ANNEXURE-P-26:- Copy
of the public notification dated 03.05.2017 by the Deputy Labour Commissioner
regarding sale of the land and property along with the assets of the
petitioner.
|
7 – 9
|
3)
|
ANNEXURE-P-27:- Copy
of the Application being Misc. Case No.16565/2018 in WP (C) No.7939/2014 filed
by the petitioner before the High Court of Orissa at Cuttack.
|
10 - 15
|
IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
I. A.
No._____ of 2018
-IN-
SPECIAL
LEAVE PETITION (CIVIL) NO. 18121 OF 2018
IN
THE MATTER OF:-
SUNITA
ESTATE (P) LTD. & OTHERS
|
….PETITIONERS
|
-Versus-
|
|
PARITOSH
COMMERCIALS UNION & OTHERS
|
…RESPONDENTS
|
APPLICATION FOR LEAVE TO
URGE SUBSEQUENT EVENTS SUBSEQUENT TO THE FILING OF THE SPECIAL LEAVE PETITION
To
The
Hon’ble Chief Justice of India
and
companion justices of the Hon’ble
Supreme
Court of India at New Delhi
The humble petition
of the petitioner abovenamed
MOST RESPECTFULLY SHEWETH :-
1.
The respondents filed a
Writ Petition (C) No.7911/2017 inter alia for quashing of the conciliation
failure report and for annulment of VRS / VSS Policy issued by the management
and for other reliefs. The said writ is pending. The allegations contained in Writ Petition are all incorrect and the
petitioner herein is contesting the said Writ Petition.
2.
In the said writ
petition, in an Interlocutory
Application filed by the respondents, the Division Bench of Orissa High Court
vide Order dated 8.01.2017 restored its earlier direction dated 10.01.2017 whereby
direction were issued to the Deputy Labour Commissioner, Patna to take
necessary steps to recover the entire amount as determined by the said Deputy
Labour Commissioner, Patna as per the provisions of I.D. Act and Land Revenue
Act by publishing Tender Notice in Newspaper, meaning thereby the entire writ
stood allowed even though writ is pending.
3.
Being aggrieved by the said
Order dated 08.01.2017, the petitioner herein has filed the present Special
Leave Petition before this Hon’ble Court, being SLP (C) N0.18141 OF 2018 which is numbered and pending but because of
the Vacation, the same could not be listed. The said impugned order is causing
great hardship and serious injury to the petitioner. the total dues of the workmen is not more
than Rupees one crore 50 Lacs, out of which one crore already lying deposited
but vie impugned order, the petitioner
has been directed to pay approx. Rs.48 crores. The impugned order is required to stayed.
4.
Because of unforeseen
circumstances, beyond the control of the petitioner and owing to the continued
labour unrest, the net worth of the company completely got eroded and the
company was advised by its Auditor to
refer the matter to the Board for Industrial & Financial Reconstruction
(BIFR) under the provisions of Section (15) of the Sick Industrial Companies
(Special Provisions) Act, 1985 for revival and reconstruction of the company to
make it operational for the benefit of the stakeholders.
5.
In the meantime, there has
been a public notification by the said Deputy Labour Commissioner regarding
sale of the land and property along with the assets of the petitioner company
through tender and the date of opening of the tender was fixed on 10.08.2018. A copy of the aforesaid notice is enclosed
and marked as ANNEXURE-P-26.
6.
Since this Hon’ble Court
7.
Vide Order date 08.01.2017,
the Division Bench of the Orissa High Court passed an order directing the
petitioner herein to deposit a sum of Rs.48 Crores as a condition precedent for
grant of stay. The petitioner has not
received the copy of the Order dated 08.01.2017 and undertakes to produce the
same as and when the same would be made available to the petitioner. The
petitioner has referred the order on the
basis of the petitioner’s representative heard the same. There is no reason for such
direction to be passed. It is a matter
of record that because of erosion of net worth of the companies assets, the
financial condition of the company is not good and more over, over approx.
Rs.50 Lacs is payable since One Crore is already lying deposited in Court.
8.
Hence, it is most
respectfully submitted that for fair
disposal of the Special Leave Petition, it is expedient that the subsequent
events after filing of the Special Leave Petition be also brought to the notice
of this Hon’ble Court Hon’ble Court
9.
For ends of justice and for
proper adjudication of disputes, it is very much necessary that operation of
the order dated 08.01.2017 and dated 06.09.2018 be stayed till disposal of the
present Special Leave Petition.
10.
Unless an order as prayed for
is made, the petitioner shall suffer irreparable loss and injury.
11.
This application is made
bonafide and for ends of justice.
PRAYER
It is therefore humbly prayed that this Hon’ble Court
a) Take
on record the subsequent events and documents and pass appropriate orders for
grant of Stay of the Operation of the Orders dated 08.01.2017 and 11.08.2018 till
disposal of the present Special Leave Petition;
-AND-
b) Pass
further order/orders be made as Your Lordships may deem fit and proper.
Drawn and Filed by:
[PROVAT KUMAR PAUL]
Advocate
Drafted
on: 30-12-2018
Filed
on:21-12-111452
Mumbai
IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
I. A.
No._____ of 2018
-IN-
SPECIAL
LEAVE PETITION (CIVIL) NO. 18114 OF 2018
IN
THE MATTER OF:-
SUNITA
ESTATE (P) LTD. & OTHERS
|
….PETITIONERS
|
-Versus-
|
|
PARITOSH
COMMERCIALS UNION & OTHERS
|
…RESPONDENTS
|
AFFIDAVIT
I, Ravi Sharma Son of Shri Vimal Saha aged about 30 Years, by caste Hindu working for
gain at no. 55, M G Road, Mumbai-7 do hereby solemnly affirm
and state on oath as under:
1. That
I am the authorized representative of the petitioners in the present Special
Leave Petition and as such am fully conversant with the facts and circumstances
of the case and therefore, am competent to affirm and swear this affidavit.
2. That
the enclosed Application has been drafted at the instructions of the petitioners
and the statements made therein are believed by me to be true and correct and
no part of it is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:-
Verified at Mumbai on this
…..day of July 2018 that the contents of
the aforesaid affidavit are true and correct to the best of my knowledge and
belief and nothing material has been concealed therefrom.
DEPONENT
Download Format
0 comments:
Post a Comment