Sample Template Example of Beautiful Excellent Professional High Court Partition Draft Application Format in India with Affidavit & Certificate in Word / Doc / Pdf Free Download
Download Format
IN THE HIGH COURT OF BIHAR
: PATNA
MISC CASE NO.12302 OF
2017
(Arising out of
W.P.(C) no.7987 of 2017)
In the matter of:- An application under chapter VI, Rule
27 of the Bihar High Court Rules
In the matter of: An application for appropriate order for restoration of
order dt.16.05.2017 of this Hon’ble Court in the even to return of notices
without service upon opp. parties no.1, 2 & 3 which were dispatched at
their Regd. office address as mentioned in S.P.A. which implies their
abandonment and the Opp. Party No.4 had already submitted its inability for
their appearance.
And
In the matter of: SANATAN INDUSTRIAL
UNION
………….Petitioner
VERSUS
M/s.
PRAKASH TRADERS (P) LTD. & ORS.
……….Opp. Parties
To,
The
Hon’ble Shri Suresh Sarkar, B.Sc. LL.B the Chief Justice of Bihar High Court
and His Lordships Companion Justices of the said Hon’ble Court.
The humble petition of the Petitioner above named
MOST
RESPECTFULLY SHEWETH:-
1. That, the Petitioner filed the above said
writ application challenging the illegal action of the Opp. Parties, in not
paying the legitimate dues of all the Employees of HIWL not paying the VRS/ VSS
dues on the basis of Govt. policy, and not paying the current salary as the Cut
off date is not determined and VRS/VSS options are not yet accepted or in
alternative cancellation of Share Purchase Agreement (SPA) in the event of
report of Deputy Labour Commissioner.
2. That, this Misc. case may kindly be
treated as part of the Writ Application.
3. That, in the above context it is pertinent
to mention here that, after kind intervention of this Hon’ble Court, the Opp.
Party No.10, had finally submitted the final dues statements of all the
employees of HIWL as per its Affidavit dt. 16.05.2017, and after hearing on the
said matter and also the inability shown by the opp. party no.4, to pay such
dues of the employees, this Hon’ble Court had been pleased to pass kind order
on dt.16.05.2017 for auction of the said factories as was directed by your
Lordships kind order dt.16.05.2017.
4. That, while the matter was such, it was
subsequently revealed that the notices were unserved upon the opp. parties in
this case, even though they had contested in W.P.(C) No.12519/2014. So in the
interest of justice this Hon’ble Court had been pleased to pass kind order vide
order dt.22.05.2017 in which the order dt.16.05.2017 was recalled and direction
was given for fresh notice to Opp. Parties, No.1, 2 & 3 through speed post with A.D. at their correct
Address i.e. at their Regd. Office Address as mentioned in S.P.A.
4. That, in the above context it is pertinent
to mention here that, as per kind order of this Hon’ble Court dt. 22.05.2017,
fresh steps were taken for issue of
notice to the said Opp. Parties by the Petitioner and accordingly notices were issued.
But the said notices were also returned without serves as per report in S.R.
which indicates that the said Opp. parties have abandoned the said factory and
the Opp. party No.4 had already
expressed its inability for their appearance before this Hon’ble Court. so in
the even, it is submitted by the Petitioner that the kind order dt.16.05.2017
may kindly be restored due to the above said facts and circumstances by looking
into the misery of all the employees as the employees of the said factory have not
received any salary since last 5 years and also in the interest of justice
6. That, in the above context it is pertinent
to mention here that, for the protection of life and liberty of all the employees of the said factory and also in the
interest of justice, the said kind order of this Hon’ble Court dt.16.05.2017
may kindly be restored due to above said facts and circumstances which depends
on your Lordships kind consideration for
the protection of natural justice.
7. that, unless this Hon’ble Court may kindly
intervene in this matter, then all the employees who are suffering a lot since
last five years and day by day committing suicide due to acute financial
problems, then the employees will be debarred to get proper natural justice and side by side they will sustain
irreparable loss which can not be fulfilled by any other means.
8. That, due to the above said facts and
circumstances the Petitioner finding no
other alternative efficacious speedy remedy, files this case before your
Lordship for your Lordships kind consideration for appropriate order to restore
the kind order dt.16.05.2017, due to above said facts and circumstances
within a stipulated time as fixed by
your Lordships for the protections of law and also for the protection of natural
justice to all the employees.
PRAYER
It
is therefore, humbly prayed that, your Lordships may graciously be pleased to
allow this case and appropriate order may kindly be passed by directing to restore
the kind order dt.16.05.2017, due to above said facts and circumstances for the
protection of law and also in the interest of
justice.
And
/ or
Any
other order/ orders, direction/ directions as your lordships may deem fit to be
proper, can pass in the interest of justice.
And
For such act of your
lordships to kindness, the Petitioner as in duty bound shall ever pray.
Cuttack by
the Petitioner through
Date:21.08.2017 Advocate
AFFIDAVIT
I,
Sri, Rajendra Kumar, aged about 51 years, S/o Harihar Kumar, representing as
General Secretary of Sanatan Industrial Union
of HIWL, as well as all the employees, At/, Chhapra Dist. Saran, do
hereby solemnly affirm and state as follows:-
1. That I am the Petitioner in this Misc.
case.
2. That
the facts stated in this petition are true to the best of my knowledge and
belief.
Identified by
DEPONENT
Advocate
CERTIFICATE
Certified
that due to want of cartridge paper White papers have been used.
Cuttack
Date: 21.08.17 Advocate
Download Format
0 comments:
Post a Comment