Application For Additional Documents - 05.05.2014 (Execution Version - App. No. 1)

IN THE COURT OF THE LD. ADDITIONAL DISTRICT JUDGE (EAST), KARKARDOOMA COURTS, NEW DELHI APPEAL NO. ____/2018 (ARISING OUT OF CS NO. 384/2012) IN THE MATTER OF: ASHIM SENGUPTA

…APPELLANT VERSUS

ANIL KUMAR SINGH & ANR.

…

RESPONDENTS APPLICATION UNDER ORDER 41 RULE 27 READ WITH SECTION 151 OF THE CPC ON BEHALF OF THE APPELLANT FOR PLACING ADDITIONAL DOCUMENTS/EVIDENCE ON RECORD WITH SUPPORTING AFFIDAVIT

MOST RESPECTFULLY SHOWETH: 1. The Applicant/Appellant has filed the accompanying appeal against the Impugned Final Judgment and Decree dated October 29, 2014 passed by the Court of Ld. Senior Civil Judge, East District, Karkardooma Courts, New Delhi in Civil Suit No. 384 of 2012 titled “Anil

Kumar

Singh

v. Ashim

Sengupta”,

by

which

the

abovementioned Suit of the Respondent (the Plaintiff before the Ld. Trial Court) was allowed and decreed against the Appellant (“Impugned Judgment”) and directed him to pay damages for use and occupation of the tenanted premises from December 1, 2010 to November 30, 2015 on 10% enhancement on damages for every 12

months and so on so forth till the time the Appellant vacated the tenanted premises. 2. The contents of the accompanying appeal may kindly be read as a part and parcel of this instant application and the same are not being repeated for the sake of brevity. 3. The Applicant/Appellant craves leave of this Hon’ble Court to refer to and rely upon the same and all the documents annexed thereto at the time of the hearing of this Application.

4. The present proceedings pertain to establishing that the Appellant had paid a refundable security amount of Rs. 2.5 lakhs to the Respondent No. 2 in lieu of reducing the monthly rental amount to be paid for the suit premises to Rs. 2,500/-.

5. It is submitted that the Ld. Civil Judge took the view that the 6. It is pertinent to mention that the aforesaid 7. The basis for such provisional attachment is set out in Paragraphs 2 (xvi) and (xvii) of the Provisional Attachment Order (Page 72 – 73 of the Appeal Paperbook) which are extracted herein for ease of reference: “(xvi) That various amounts totaling to Rs.22,75,30,193.57 as detailed hereunder were received and deposited in different Bank Accounts of the said Shri Dushyant Natwarlal Dalal and his other family members, during the period from 08.07.2005 onward, which included the sale proceeds of Rs.1,33,17,004.86 of aforementioned fraudulently cornered RII category shares of YBL and IDFC and refund amounts of Rs.18,59,50,536/- as aforesaid, being proceeds of crime in terms of section 2 (u) of PMLA. … (xvii)

That,

consequent

integration/disintegration

to

a

and layering

chain the

of

process

aforementioned

of part

proceeds of crime amounting to Rs.22,75,30,193.57, which had been derived by the sale of fraudulently acquired 45000 RII category shares of YBL, 347968 RII category shares of IDFC and refunded amounts as aforementioned, added with gains accrued thereto, are presently available in the following form/shape.” (Emphasis supplied)

8. Therefore, by way of the instant Application, the Applicant seeks leave of this Hon’ble Court to place on record the following additional documents, which would demonstrate that provisional attachment of the Applicant’s properties, which was confirmed by Learned Adjudicating Authority, was bad in law in as much as the same were not “proceeds of crime” nor derived or obtained, directly or indirectly, therefrom, as alleged or at all. The following documents evidence the possession of the properties of all the Appellants in Appeal Nos. 66/AHD/2010 – 71/AHD/2010, namely, Mr. Dushyant Natwarlal Dalal, Mrs. Puloma Dushyant Dalal, Ms. Yuti Dushyant Dalal, Ms. Aashni Dushyant Dalal, Mrs. Smita Ajitkumar Shah and Mrs. Gita Shishir Rokadia: a. Annexure A-1 (Colly.)

9. It is submitted that the aforesaid documents are relevant and essential to the adjudication of the present appeal for the reasons aforesaid, and that the delay, if any, in producing these additional documents is for the following reasons: a.

10. In light of the above, the delay, if any, in filing these additional documents is not deliberate and has been occasioned due to reasons beyond the Appellant’s control despite their best efforts and diligence and as such the delay may be condoned by this Hon’ble Tribunal.

11. Furthermore, it is submitted that the aforesaid additional documents are essential and necessary for adjudication of the instant Appeal and this Hon’ble Tribunal would not be in a position to decide the instant Appeal appropriately without the benefit of the aforesaid additional documents. Therefore, it is prayed that this

Hon’ble Tribunal be pleased to take on record the aforesaid additional documents on this ground alone.

12. It is further stated and affirmed by the Applicant/Appellant that the each of the Annexures, which is attached hereto, is a true copy of their respective original document.

13. It is respectfully submitted that the present application is being filed bona fide and in the interest of justice as the Applicant has a very good case on merits and the balance of convenience lies in its favour. It is submitted that if the relief prayed for herein is not granted then the Applicant would suffer grave prejudice in as much as the aforesaid additional documents demonstrate beyond doubt that the properties of the Appellant have been erroneously attached by the Respondent in as much as they were not derived or obtained with proceeds of crime. Therefore, it is submitted that this Hon’ble Tribunal cannot effectively adjudicate the present Appeal without the benefit of the aforesaid additional documents and it is prayed that the same may be taken on record. However, it is submitted that no prejudice will be caused to the Respondent in the event that the reliefs prayed for herein are granted.

PRAYER Whereof in the light of the submissions made hereinabove, it is most respectfully prayed that this Hon’ble court may be pleased to: 1. Permit the Appellant to place on record the documents annexed to the present Application; and 2. Pass any other and such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. Appellant/Applicant Through

RAJSHEKHAR RAO & ZEHRA KHAN ADVOCATES FOR THE APPELLANT/APPLICANT Z-24, LOWER GROUND FLOOR HAUZ KHAS, NEW DELHI – 110 016 E-MAIL: [email protected] Phone: 9811153933 New Delhi Date: 05.05.2014 Filed on:06.05.2014