AFFIDAVIT OF THE PETITIONER ABOVE NAMED [CD1] 

 

 

IN THE COURT OF ____________ AT ____________

CASE NO. __________ OF 20__

 

IN THE MATTER OF:

Mr.

____________________     PET

ITIONER

R/O_____________ OCCUPATION _________

VERSUS

M/s.___________________&

ORS                                                 RESPONDENTS

 

AFFIDAVIT OF THE PETITIONER ABOVE NAMED

I, ___________________ , Son of ___________________ , Resident of ___________________  working as Legal Manager, ___________________, do hereby solemnly affirm and sincerely state as      follows:

 

1.           I am the Legal Manager of ___________________  As per the Resolution passed by the Board of Directors of the Company on _____________ I am duly authorised to deal with the case, to sign Petitions and vakalatnama and to give affidavits on behalf of the Company.

 

2.           The above case is filed questioning the Order and Decree passed in Original Petition No ___________________  dated _____ by the Hon'ble Judge, ___________________  as illegal, arbitrary and contrary to law and the same is liable to be set aside for the grounds set out in the Memorandum of Civil Misc. Appeal. It is submitted that the respondents herein as claimants filed O.P.No _________________ claiming compensation of Rs. ______________ on the allegation that one __________ died in the accident on

___________________  due  to rash and negligent driving on the part of the ___________________  Driver. The Petitioner resisted the same by filling counter contending inter-alia that the accident took place due to rash and negligent driving of the deceased's driver of the Truck and  as such denied the liability to pay any compensation.

 

3.           It is submitted that the Tribunal below without proper appreciation of oral and documentary evidence available on record awarded exorbitant amount   of         Rs     _________        against      the   claim        of     Rs.

___________________  which is unsustainable and contrary to law and such the same is liable to be set aside. Taking advantage of the erroneous decree passed by the Tribunal below the claimants are proceeding with Execution to realise the compensation and if the entire amount is deposited it is difficult for the Petitioner to realise the same in the event of Petitioner's success before this Hon'ble Court.

 

4.           I further respectfully submit that the Petitioner has got fair chances of success before this Hon'ble Court and the grounds set out in the

Memorandum of Appeal may be read as part and parcel of this Affidavit.

Hence     the     decree    and     order    is     liable     to     be      stayed.

 

5.           It is also absolutely necessary in the interests of justice that this Hon'ble Court may be pleased to grant stay of all further proceeding including execution in Original Petition No ____ dated _____________ in the Court of Hon'ble ___________Judge  at ___________________ , pending disposal of the C.M.A.

DEPONENT

 

Before     Me     Solemnly     affirmed     at     ___________     on      this

___________        day       of       ___________________         20____

 

ADVOCATE

 

 [CD1]AFFIDAVIT OF THE PETITIONER ABOVE NAMED