IN THE COURT OF SH. PRDEEP KUMER CHADDA, P.O.
MACT:
ROHINI COURTS: DELHI
Case No. 828/06
IN THE MATTER OF:
DARSHAN ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
EVIDENCE BY WAY OF AFFIDAVIT AS RW-1
Affidavit of Sh. Ravinder Prasad Singhal S/o Sh. Deeep chand
R/o T-2358 shivaji Nagar, Teachers Colony, Narela, Delhi aged about
42 years.
I, the above named deponent do hereby solemnly affirm and
declare as under:-
1. That the Deponent is one of the Respondents in the above titled
matter and is well conversant with the facts and circumstances
of the case and therefore competent to swear this present
affidavit.
2. That the Deponent has been falsely implicated by the Petitioner
by lodging an F.I.R. in connection with the alleged accident with
the objective to extort money from the Deponent. Resultantly,
after getting involved in the alleged incident, the Deponent has
been suffering from mental agony and harassment.
3. That the sole aim of the Petitioner is to extract money from the
Deponent could be gauged from the fact that the Petitioner has
taken contradictory stand in her claim petition. On the one
hand, the Petitioner has stated that she is a housewife, whereas
on the other hand, she claimed that her monthly income is Rs.
4000/- per month. How, it is possible that a woman who is
simply a housewife earns a monthly income of Rs.4,000/-.
Moreover, the Petitioner has not placed any document on the
record of this Hon’ble Court in this regard.
4. That at the time of the accident the Respondent was driving the
vehicle and was following all the traffic rules and regulations
required for safe driving. It is pertinent to mention here that
due to the mistake of the Petitioner the said accident was
occurred.
5. That it is also pertinent to mention here that at the time of
accident, the vehicle was insured vide policy No. 2006/3872
valid for the period w.e.f. 06.02.2006 to 05.02.2007.
6. That at the time of the occurrence of the alleged accident, the
deponent was the holder of valid license, which was
unfortunately lost. In this regard the deponent has also lodged
an FIR on 02.03.2006 at Police Station Narela, Delhi-40. A
copy of NCR is annexed with the affidavit. Same may
kindly be exhibited as ANNEXURE RW1/1.
7. That, thereafter, the Deponent has applied in the
prescribed format to the Transport Authority for issuance
of a duplicate licence. The form for issuing duplicate
licence was duly received by the Transport Authority is
enclosed herewith and the same may kindly be exhibited
as ANNEXURE RW1/2.
8. That the Petitioner has submitted few false medical bills for
the sum of Rs. 35000/- just to buttress her claim, though,
admittedly, she has undertaken treatment at the
Government Hospital which provides medical treatment for
free.
9. That, it is humbly submitted to this Hon’ble Court that the
Deponent is not legally liable to pay the claim amount or
any compensation on whatever ground, to the Petitioner as
the vehicle was duly insured and the Deponent was having
valid licence at the time of the alleged accident.
DEPONENT
VERIFICATION:
Verified at New Delhi on the ___ day of March 2009 that
the contents of the above affidavit are true and correct as per
my knowledge and belief. Nothing material has been concealed
therefrom.
DEPONENT
IN THE COURT OF SH. PRDEEP KUMER CHADDA [Link].:
DELHI
Case No. 828/06
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. …
Respondents
N.D.O.H: 20.03.2009
APPLICATION UNDER ORDER XVI RULE 1 OF CODE OF
CIVIL PROCEDURE SEEKING SUMMONING OF
WITNESSES.
***************
MOST RESPECTFULLY SUBMITTED:
1. The above titled petition which is pending before this
Hon'ble Court and is fixed for 20.03.2009 for respondent
evidence.
2. The above named Respondent has been impleaded as
Respondent No. 1 in the above titled petition.
3. That the above titled claim Petition pertains to road
accident.
4. That at the time of accident Respondent No. 1 was the
holder of a valid license bearing No. C-87115426.
5. That unfortunately the Respondent No. 1 has lost his
license for which he had lodged an FIR on 02.03.2006 at
Police Station Narela, Delhi-40. It is also pertinent to
mention here that the Respondent No. 1 has also intimated
the licensing authority about the same.
6. That, as such, the following witness is required to be
summoned for the purpose and reason stated above:
A. Official from the licensing authority Ashok Vihar,
New Delhi alongwith the records of the license bearing
No. C-87115426.
PRAYER:
It is therefore respectfully prayed that the above witnesses
may kindly be allowed to be summoned. The
Applicant/Respondent No. 1 undertakes to pay the diet money
at the spot.
Prayed accordingly.
DELHI
DATED:
APPLICANT/RESPONDENT NO. 1
THROUGH
Counsel
IN THE COURT OF SH. PRDEEP KUMER CHADDA [Link].: DELHI
Case No. 828/06
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. …
Respondents
AFFIDAVIT
Affidavit of [Link] Prasad Singhal S/0 Sh. Deeep chand
R/o 2358 shivaji Nagar, Teacher colony, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the Respondent No. 1 in the above titled case
and am well conversant with the facts thereof. Thus, I am
able to swear about the facts of the case, on oath.
2. That I have gone through the accompanying application
which has been drafted by my counsel under my
instructions. I say that the facts stated in the
accompanying application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this the _____ day of March 2009 that
the facts stated in the above affidavit are true and correct as per
my knowledge and belief. Nothing has been concealed
therefrom.
DEPONENT
IN THE COURT OF SH. PRDEEP KUMER CHADDA [Link].:
DELHI
Case No. 828/06
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. …
Respondents
LIST OF WITNESSES ON BEHALF OF RESPONDENT NO.
1
1. Respondent No. 1 in person.
2. Official from the licensing authority Ashok Vihar, New Delhi
alongwith the records of the license bearing No. C-87115426.
3. Any other or further witness in the interest of justice and just
and fair disposal of the case with the permission of this Hon’ble
Court.
DELHI
DATED:
APPLICANT/RESPONDENT NO. 1
THROUGH
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Case No.687/08
IN THE MATTER OF:
DARSHAN ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. … Respondents
APPLICATION UNDER SECTION 151 OF CPC ON
BEHALF OF THE RESPONDENT
MOST RESPECTFULLY SUBMITTED:
1. That the above titled case was pending before this Hon'ble
Tribunal and was decided vide order dated 20.02.2010.
2. That vide order dated 20.02.2010 this Hon'ble Tribunal has
pleased to award a sum of Rs.20,500/- alongwith interest
@ 7.5% per annum to the Petitioner as compensation.
3. That the award was passed against the
applicant/respondent on the ground that the applicant was
not holding a driving licence at all, the respondent No. 3 is
exonerated from all liabilities and therefore the applicant is
liable to pay the compensation to the Petitioner.
4. That it is pertinent to mention here that photocopy of the
driving licence was with the applicant and therefore the
concerned record from the Transport Department was
asked by the applicant. However due to darkness on the
licence the actual number of the Driving Licence was not
readable. Thus the Transport Department has filed its
report that no record of the given number is available in
the department.
5. That during the weeding out the old items the applicant
found the original Driving Licence and some other
documents issued by the Transport Department. The copy
of the same are annexed herewith as ANNEXURE A/1.
6. That this is a new fact that the Driving Licence has been
recovered and in view of the new facts the insurance
company is liable to pay the awarded compensation to the
Petitioner as the applicant was having a Driving Licence at
the time of alleged accident.
PRAYER
In view of the facts and submissions made
hereinabove it is most respectfully prayed to this Hon'ble
Tribunal that this Hon'ble Tribunal may kindly be pleased
to:
(A). Allow the application and take the Driving Licence on
record;
(B). Modify the Award/order dated 20.2.2010 thereby
directing the respondent No. 2 Insurance Company to
pay the awarded compensation to the Petitioner;
(C). Any other or further order that this Hon'ble Tribunal
deem fit and proper may kindly be passed in favour
of the applicant.
Delhi
Dated
Applicant
Through
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Case No.687/08
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. …
Respondents
AFFIDAVIT
Affidavit of [Link] Prasad Singhal S/0 Sh. Deeep chand
R/o 2358 shivaji Nagar, Teacher colony, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the Respondent No. 1 in the above titled case
and am well conversant with the facts thereof. Thus, I am
able to swear about the facts of the case, on oath.
2. That I have gone through the accompanying application
which has been drafted by my counsel under my
instructions. I say that the facts stated in the
accompanying application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of March 2011 that the
facts stated in the above affidavit are true and correct as per my
knowledge and belief. Nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Execution Petition No. 2/11
in
Case No.687/08
IN THE MATTER OF:
DARSHAN ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
APPLICATION ON BEHALF OF JUDMENT DEBTOR
FOR KEEPING THE EXECUTION PROCEEDINGS IN
ABEYANCE.
MOST RESPECTFULLY SUBMITTED:
1. That the present execution proceedings are pending
before this Hon'ble Court and now is fixed for 19.03.2011
for making the payments.
2. That the applicant is the judgment debtor in the present
execution proceedings.
3. That the applicant has filed an application under section
151 CPC thereby seeking modification in the award dated
20.2.1010 passed by this Hon'ble Tribunal and the same is
pending before this Hon'ble Tribunal.
4. That after passing the said award the Original Driving
Licence of the applicant has been recovered however the
award was passed against the applicant on the ground that
the applicant was not holding the Driving Licence.
5. That this is a new fact and if the application of the
applicant is to be allowed and the Driving Licence was
taken on record then the respondent No. 2 is liable to pay
the awarded compensation to the Petitioner.
Prayer:
In view of the facts and submissions made
hereinabove it is most respectfully prayed to this Hon'ble
Tribunal that this Hon'ble Tribunal may kindly be pleased
to:
(1). Keep the execution proceedings in abeyance till the
disposal of the application under section 151 of CPC;
(2). Any other or further order that this Hon'ble Tribunal deem
fit and proper may kindly be passed in favour of the
applicant.
Delhi
Dated
Applicant
Through
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Case No.687/08
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. …
Respondents
AFFIDAVIT
Affidavit of Sh. Ravinder Prasad Singhal S/0 Sh. Deep Chand
R/o. T- 2358 Shivaji Nagar, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the Respondent No. 1 in the above titled case
and am well conversant with the facts thereof. Thus, I am
able to swear about the facts of the case, on oath.
2. That I have gone through the accompanying application
which has been drafted by my counsel under my
instructions. I say that the facts stated in the
accompanying application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of March 2011 that the
facts stated in the above affidavit are true and correct as per my
knowledge and belief. Nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. ASHWINI SARPAL: [Link]:
ROHINI
COURTS: DELHI
Case No. 688/08
IN THE MATTER OF:
RAJESH ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
APPLICATION UNDER SECTION 151 OF CPC ON
BEHALF OF THE RESPONDENT
Most Respectfully Submitted:
1. That the above titled case was pending before this Hon'ble
Tribunal and was decided vide order dated 20.02.2010.
2. That vide order dated 20.02.2010 this Hon'ble Tribunal has
pleased to award a sum of Rs.64,500/- alongwith interest
@ 7.5% per annum to the Petitioner as compensation.
3. That the award was passed against the
applicant/respondent on the ground that the applicant was
not holding a driving licence at all, the respondent No. 3 is
exonerated from all liabilities and therefore the applicant is
liable to pay the compensation to the Petitioner.
4. That it is pertinent to mention here that photocopy of the
driving licence was with the applicant and therefore the
concerned record from the Transport Department was
asked by the applicant. However due to darkness on the
licence the actual number of the Driving Licence was not
readable. Thus the Transport Department has filed its
report that no record of the given number is available in
the department.
5. That during the weeding out the old items the applicant
found the original Driving Licence and some other
documents issued by the Transport Department. The copy
of the same are annexed herewith as ANNEXURE A/1.
6. That this is a new fact that the Driving Licence has been
recovered and in view of the new facts the insurance
company is liable to pay the awarded compensation to the
Petitioner as the applicant was having a Driving Licence at
the time of alleged accident.
PRAYER
In view of the facts and submissions made
hereinabove it is most respectfully prayed to this Hon'ble
Tribunal that this Hon'ble Tribunal may kindly be pleased
to:
(A). Allow the application and take the Driving Licence on
record;
(B). Modify the Award/order dated 20.2.2010 thereby
directing the respondent No. 2 Insurance Company to
pay the awarded compensation to the Petitioner;
(C). Any other or further order that this Hon'ble Tribunal
deem fit and proper may kindly be passed in favour
of the applicant.
Delhi
Dated
Applicant
Through
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Case No. 688/08
IN THE MATTER OF:
RAJESH ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
AFFIDAVIT
Affidavit of [Link] Prasad Singhal S/0 Sh. Deeep chand
R/o 2358 shivaji Nagar, Teacher colony, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the Respondent No. 1 in the above titled case
and am well conversant with the facts thereof. Thus, I am
able to swear about the facts of the case, on oath.
2. That I have gone through the accompanying application
which has been drafted by my counsel under my
instructions. I say that the facts stated in the
accompanying application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of March 2011 that the
facts stated in the above affidavit are true and correct as per my
knowledge and belief. Nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: DELHI
AT ROHINI COURTS COMPLEX: DELHI
Execution Petition No. 1/11
in
Case No.688/08
IN THE MATTER OF:
RAJESH ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
APPLICATION ON BEHALF OF JUDMENT DEBTOR
FOR KEEPING THE EXECUTION PROCEEDINGS IN
ABEYANCE.
MOST RESPECTFULLY SUBMITTED:
1. That the present execution proceedings are pending
before this Hon'ble Court and now is fixed for 19.03.2011
for making the payments.
2. That the applicant is the judgment debtor in the present
execution proceedings.
3. That the applicant has filed an application under section
151 CPC thereby seeking modification in the award dated
20.2.1010 passed by this Hon'ble Tribunal and the same is
pending before this Hon'ble Tribunal.
4. That after passing the said award the Original Driving
Licence of the applicant has been recovered however the
award was passed against the applicant on the ground that
the applicant was not holding the Driving Licence.
5. That this is a new fact and if the application of the
applicant is to be allowed and the Driving Licence was
taken on record then the respondent No. 2 is liable to pay
the awarded compensation to the Petitioner.
PRAYER
In view of the facts and submissions made
hereinabove it is most respectfully prayed to this Hon'ble
Tribunal that this Hon'ble Tribunal may kindly be pleased
to:
(1). Keep the execution proceedings in abeyance till the
disposal of the application under section 151 of CPC;
(2). Any other or further order that this Hon'ble Tribunal deem
fit and proper may kindly be passed in favour of the
applicant.
Delhi
Dated
Applicant
Through
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: ROHINI
COURTS: DELHI
Execution Petition No. 1/11
in
Case No.688/08
IN THE MATTER OF:
RAJESH ... Petitioner
VERSUS
RAVINDER PRASAD SINGHAL & ANRs. …
Respondents
AFFIDAVIT
Affidavit of [Link] Prasad Singhal S/0 Sh. Deeep chand
R/o 2358 shivaji Nagar, Teacher colony, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the judgment debtor in the above titled case and
am well conversant with the facts thereof. Thus, I am able
to swear about the facts of the case, on oath.
2. That I have gone through the accompanying application
which has been drafted by my counsel under my
instructions. I say that the facts stated in the
accompanying application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of March 2011 that the
facts stated in the above affidavit are true and correct as per my
knowledge and belief. Nothing has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: DELHI
AT ROHINI COURTS COMPLEX: DELHI
Execution Petition No. 1/11
in
Case No.688/2008
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. … Respondents
APPLICATION ON BEHALF OF JUDGEMENT DEBTOR NO. 1
FOR RECALLING THE ORDER DATED 10.06.2011
MOST RESPECTFULLY SHOWETH:
1. That the above titled execution petition was pending before this
Hon’ble Tribunal and was lastly listed on 10.06.2011.
2. That earlier the matter was listed on 28.03.2011 when the
argument on the application was heard and the matter was
kept for orders for 13.04.2011. On 13.04.2011 this Hon'ble
Tribunal has pleased to direct the applicant to issue the notices
to JD No. 2 on filing of PF and RC. It is submitted that the written
submissions on behalf of the applicant JD No. 1 have also been
filed as directed by this Hon'ble Tribunal.
3. That the enquiry was made to the staff of this Hon'ble Tribunal
and was informed that no order was passed on 13.04.2011 and
the matter was adjourned for 21.05.2011. It is pertinent to
mention here that no remarks have been given on the cause
list.
4. That again on 21.5.2011 it was informed that no order was
passed on 21.5.2011 and the matter was adjourned for
10.06.2011. However from the cause list it transpires that the
notices on the application have been directed to be issued on
filing of PF and RC.
5. That on 10.6.2011 was the last working day and none was
appeared on behalf of the counsel for the applicant in the
Rohini Court and therefore the enquiry was made on the
opening of the court.
6. That on 4.06.2011 the applicant was informed that the
application has been dismissed for non prosecution. However
none was appeared on behalf of the applicant due to the
reasons stated hereinabove therefore the compliance of the
order dated 13.4.2011 was not made.
7. That the non compliance of the order dated 13.4.2011 is neither
intentional nor deliberate but for the reasons stated above.
8. That the applicant submits that if the order dated 10.06.2011
was not recalled by this Hon’ble Tribunal then
applicant/judgment debtor shall suffer irreparable loss which
was not compensated in terms of money however no prejudice
shall be caused to the JD No. 2.
In view of the above stated facts and submissions made
hereinabove it is most respectfully prayed to this Hon'ble Court
that this Hon'ble Court may kindly be pleased to;
(a). Recall the order 10.6.2011 thereby the application of the
judgment debtor dismissed as non prosecution.
(b). Restore the execution petition in its original number.
(c). any other or further orders may kindly be passed in favour of
applicant in the interest of justice and fair trial of the case.
Applicant/JD No. 1
Through
Counsel
IN THE COURT OF SH. ASHWINI SARPAL: [Link]: DELHI
AT ROHINI COURTS COMPLEX: DELHI
Execution Petition No. 1/11
in
Case No.688/2008
IN THE MATTER OF:
DARSHAN .. Petitioner
VERSUS
RAVINDER PRASAD SINGHAL& ANRs. … Respondents
AFFIDAVIT
Affidavit of [Link] Prasad Singhal S/0 Sh. Deeep chand R/o
2358 shivaji Nagar, Teacher colony, Narela ,Delhi.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That I am the Judgment Debtor in the above titled case and am
well conversant with the facts thereof. Thus, I am able to swear
about the facts of the case, on oath.
2. That I have gone through the accompanying Application which
has been drafted by my counsel under my instructions. I say
that the facts stated in the accompanying application are true
and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of July 2011 that the facts
stated in the above affidavit are true and correct as per my
knowledge and belief. Nothing has been concealed therefrom.
DEPONENT