M/S XXXXXX POWERTRONICS
VS
THE XXXXXXXXX SMALL INDUSTRIES Industries A group of productive organizations or companies, participate in economic activities, and GDP > High-technology, Petroleum, Steel, Motor vehicles, Aerospace, Telecommunications, Chemicals, Electronics, Agribusiness, Food processing, Information technology, Artificial intelligence, Consumer goods, Lumber, Retail, Healthcare, Financial services, Mining, Renewable energy, Quantum computing, Space technology, Defence, Biotechnology, Pharmaceutical, DEVELOPMENT Development ανάπτυξη CORPORATION Corporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies. AND ORS
AFFIDAVIT Affidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. -IN-CHIEF ON BEHALF OF THE DEFENDANT NO 2 SANI SALES, PVT LTD THROUGH ITS DIRECTOR AMAR NATH
I, Amar Nath, S/O late xxxxxxxxx, Director of Defendant no-2 M/S Somani sales Pvt Ltd, aged 46, by faith Faith πίστει. Sanatan Hindu Hindu הִנְדּוּאָה (hinĕḋẇʼáh), ινδουϊσμός: A geographical name given by non-Hindus, who came to visit Bharatvarsha (Hindusthan). Sanatan Dharma is the actual Dharmic tradition of the Hindus. People who live in Hindusthan are Hindu (The word is an original word), whether they Follow Islam, Chris, Buddha, Mahavira, or Nanaka. In this way, Tribals are also Hindu. , by profession trader, R/O 9 xxxxxxxxx Mukherjee Road Howrah Howrah From Haroya or Haor (হাওর). Old Bhoorsut (ভুরশুট) of Pal empire (Present Howrah and Hoogly). Krishna Ray used to rule Bhoorsut roughly in 1583-1584. Bhoorsut, mentioned as Bator in Manasamangal written by Bipradas Pipilai (1495). -1, doing business from Howrah Maidan Industrial and Commercial Complex, 24 xxxxxxxx Road, do hereby solemnly affirm and do say, as I am competent to say and I am conversant with the facts and circumstances of the case. I have submitted the written Statement and now I am telling truthfully for the purpose of evidence Evidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 as below:
1. That the plaintiff is a sub- lease Leasehold The leaseholder has no right or interest in the land, he pays rent to the landlord for using the flat or house. A lease is an agreement between the freeholder and the tenant. Commonhold is a form of ownership (or tenure) for multi-occupancy developments (flats of a building). Each unit-holder owns the freehold of their flat, and a commonhold or residents’ association owns and manages the common parts of the property. holder under the Defendant no-2. (Doc 11 and 12)
2. That the defendant no 2 is a registered small-scale industry Industries A group of productive organizations or companies, participate in economic activities, and GDP > High-technology, Petroleum, Steel, Motor vehicles, Aerospace, Telecommunications, Chemicals, Electronics, Agribusiness, Food processing, Information technology, Artificial intelligence, Consumer goods, Lumber, Retail, Healthcare, Financial services, Mining, Renewable energy, Quantum computing, Space technology, Defence, Biotechnology, Pharmaceutical, and the owner of the property rented to the plaintiff through an agreement Contract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. . (Original agreement deposited by the Plaintiff)
3. That the Defendant no I is a corporation promoted by the Govt of West Bengal West Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC for the development of small scale industries through the outright sale of their properties within the industrial hub ( Doc no 5). The Defendant no 2 lease purchased for 500 years the Scheduled Property by paying premium from the Defendant no 1. (Doc no 2 and 3)
4. Defendant no 1 handed over the scheduled property to the Defendant no 2. (Doc no 6 and 7)
5. Defendant no 1 supposed to maintain the industrial complex/hub by supplying basic amenities such as water, electricity, sweeping and other maintenance, but they stopped it after selling of the disputed properties. Later they asked for clearing dues (Doc 13). Def no-2 agreed to clear dues on condition that they must unlocked the Stalls (doc 14)
6. That the relationship between the Defendant no1 and 2 are governed by two agreements dated 20 March 1989 and 12 July 1985 (Doc 2 and 3). Again the Rental (sub-lease) relationship between Plaintiff and the Defendant no 2 is governed by Sub lease agreement dated 9th August 2012. As per the above two agreements with Defendant no 1, the defendant no 2 is competent to sublease the disputed property to the Plaintiff. The plaintiff and the Defendant no 2 both are registered Small Scale Industries and they jointly Run Orbit Electronics from the same Industrial Hub.
7. That the defendant no 1 illegally disposed the Defendant no 2 by putting lock and Key to the Disputed Properties (stalls) , which actually hampered the business of the Plaintiff, the sub-lease holder. (Doc-9)
8. That the Defendant no 1 then by a letter dated 05/10/2016 asked the defendant no 2 to remain present at the disputed propertied and the Defendant no 1 would open the stalls and they would allow to make an inventory of stocks inside the stalls. But they never came and opened the stalls.( Doc-10)
9. That below I, the defendant no 2 propose to produce some Documents Document It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) in support of my claim A Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. , which may be marked as exhibits if the Ld Court permits :
1. Certificate of Incorporation- this is the certificate of incorporation of the Defendant no 2 (original) – 1976-77.
2. Agreement Dated 1985 – This is the certified Copy of Agreement between Defendant no 1 and 2 in connection with Stall no 1/2 of the Scheduled Property. (1/2 A and ½ B within 1/2 )
3. Agreement Dated 1989 – This is the certified Copy of Agreement between Defendant no 1 and 2 in connection with Stall no 1/10 of the Scheduled Property.
4. Income tax return of Plaintiff: It return of Vijay Bahity of the year 2019-20.
5. Prospectus for outright of disputed property (three documents collectively) – 04/05/1988- These xerox documents show the intention Intention This means to “have in mind.” A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A conscious mental process to move precedes the brain’s preparation for movement. of Defendant no 1 to sell / outright purchase of the property for buyers.
6. Letter of Possession- two documents: These two documents dated 10/2/87 and 4/5/88 show the possession of stall no ½ and 1/10 of the scheduled property.
7. Handing over letters- two documents: These two documents dated 2/5/89 and 18/7/85 show the possession of stall no 1/10 and ½ respectively of the scheduled property.
8. Maintenance bill: These two Bills show that after depositing maintenance to the Howrah Industrial and Commercial Complex association, the plaintiff handed over to the Defendant no 2.
9. Tenancy terminating notice dated 23/02/2016: This order (Xerox) was affixed on the outside wall of the disputed property/stalls and the defendant no 1 put their locks on the shutter doors of the Stalls (1/10 and ½ A) without the knowledge Knowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम् ," and "知识 Zhīshì," respectively. of the Plaintiff or defendant no 2, in their absence.
10. Notice for making inventory dated 05/10/2016: This letter shows that after locking the Stalls, the Defendant no 1 wanted to make inventory of the goods locked inside the Stalls. But they never came to open the disputed properties (Stall)
11. Non-Refundable Deposit Bill dated 9/08/2012: Bill issued to the Plaintiff.
12. Rent cum service charge Bill dated 3/04/2018 and 2 April 2019: Rent receipt issued to the Plaintiff
13. Latter from WB Small Industries to clear dues to def no 2 – dated 15/2/2017: Despite the eviction notice and later locking the Stalls , the Def no-1 ask for clearing the dues @ Rs 68,223.97
14. Letter to WB Small Industries dated 22/02/2017: by this latter Def no 2 requested to accept the dues and unlocking the Disputed Properties stalls) which the Def no-1 never responded till date.
After submitting the above documents, now I also say the followings:
10. It is not a fact Fact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. that the plaintiff and I have a collusive relationship, rather we have co-operative business relationship apart from the fact that Plaintiff is my Su-lease holder, which is permitted to me by Defendant no 1 by Agreements.
11. It is not a fact I want to deprive the dues claimed by the Defendant no 1, rather I always agree to pay them despite it was their illegal claim as they totally stopped to maintain the Industrial hub, and due to which we suffered loss and sub- leased the property to the plaintiff.
12. It is not a fact that I do not want to do business.
13. It is a fact that Defendant no 2 received the property from Defendant no 1 under Out Right Purchase cum Ownership Scheme for 500 years by paying high premium.
14. It is a fact that the defendant no 1 partially dispossessed the Defendant no 2, on 23.02.2016 without following due process Due Process Dobbs v. Jackson Women's Health Organization (2022), Kahler v. Kansas (2020), Timbs v. Indiana (2019), Obergefell v. Hodges (2015), Lawrence v. Texas (2003), Dred Scott v. Sandford (1857) of law Law νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. and the plaintiff filed the suit within the stipulated time Time χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ .
15. It is a fact that the defendant no 1 by their letter dated 5/2/1988 and 12/11/1992 withheld all essential services from the Industrial hub and due to this defendant no 2 faced a huge loss and subleased the scheduled property to the Plaintiff. Now the plaintiff running their business from stall no ½ B (big room 1 within stall no 1/2).
All the statements and documents produced before your honour contain truth Truth Mathematical 'truth' may not be agreeable with the philosophical 'truth.' A question may be asked on propositional 'truth' on the grounds of physics, that space and time actually don't exist. Vedic injunction Satyam Param Dhimahi, technically Satya is none other than Brahman. For Madhymic Buddhists there is nothing as such to be called 'truth', as all the corresponding facts are only mental projections. Apart from Bio-neuroelectricity nothing exists for Biological Cognition. So-called religious truths are nothing more than a marketing strategy. and only truth and I have concealed nothing and am always ready for getting call from this Court to answer anything in connection with the case. Accept this witness by your grace, your honour.
Deponent identified by me