Affidavit - PETITION FILED BY THE PETITIONER UNDER SECTION 20 OF ORDER 40 - AFFIDAVIT BEFORE THE __ TRIBUNAL FOR STAY OF DISPUTED TAX - PETITION FILED BY THE PETITIONER UNDER SECTION 20 OF ORDER 40 - Affidavits under the Motor Vehicle Act, 1988
Category: Civil Law Documents
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Collection of legal affidavit templates for various cases
Affidavits under the Motor Vehicle Act, 1988 IN THE HIGH COURT OF JUDICATURE OF …………….. AT ……………. C. M. A. No…………….. of 20………….. Between : A. B. … Petitioner And C. D. ... Respondents Affidavit filed on behalf of the petitioners above-named I, Mr……………………………………………..... , an adult ……………….............. , working as Accounts Manager, Chief Law Officer, ………………………. ……………, do hereby solemnly affirm and sincerely state as follows: I am the Account Manager, …………………. ….. …………. As per Resolution No. ………………………………………………. ……. dated ….. …….. ……. I am duly authorised to sign vakalats and to give affidavits on behalf of the Corporation. 2. The above CMA is filed questioning the Order and Decree passed in O. P. No ... …….. dated ………….. on the file of ....................................... District 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 Corporation resisted the same by filing a counter-contending inter alia that the accident took place due to rash and negligent driving of the deceased’s driver of the Jeep, and as such denied the liability to pay any compensation. 1. It is submitted that the Tribunal below, without proper appreciation of oral and documentary evidence available on record, awarded an 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 corporation to realise the same in the event of the corporation’s success before this Hon’ble Court. 2. I further respectfully submit that the Corporation has a fair chance 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 are liable to be stayed. 3. It is also absolutely necessary in the interests of justice that this Hon’ble Court may be pleased to grant a stay of all further proceedings, including execution, in O. P. No …. ………. dated ……………..
on the file of ………………………........... Dist. Judge, ………………. at …………………………….... , pending disposal of the C. M. A. Deponent Before Me Solemnly affirmed at ..................... on this …………….. day of.............. 20...... Advocate