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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 to a chain of process of

integration/disintegration and layering the aforementioned 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: raj@rrao.in
Phone: 9811153933
New Delhi
Date: 05.05.2014
Filed on:06.05.2014