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Application under Order XXXIX Rule 2-A

IN THE COURT OF DISTRICT & SESSION JUDGE, [[DISTRICT OR PLACE]].

IA NO.____________OF 20..

IN

Suit no . . . . . . . . .  of 20. . .

IN THE MATTER OF:

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

or

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

. . . Plaintiff/Applicant

Versus

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

or

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

. . . Defendant/Respondent

APPLICATION UNDER ORDER XXXIX RULE 2-A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

  1. That the above noted suit for injunction is pending before this Hon’ble Court and the contents of the plaint be read as part of this application. The plaintiff/applicant is tenant in suit premises bearing House No………………, Uttam Nagar, New Delhi and the defendant is landlord of the same.
  2. That on an application U/O 39, R 1 & 2 for interim stay against interference in peaceful possession of the plaintiff/applicant as well as dispossession from the said premises, without due process of law was filed by the plaintiff/applicant against the defendant/respondent alongwith the plaint.
  3. That on……..(date) this Hon’ble Court was pleased to grant interim injunction in favour of the plaintiff/applicant and against the defendant/respondent for not to interfere in the peaceful possession of the plaintiff/applicant and not to dispossess him without due process of law from the suit property.
  4. That on dt. …………..the defendant/respondent inspite of the service and knowledge of the above interim injunction orders dt …………., took forcible possession of the suit premises with the help of anti social elements in utter disregard of the orders of this Hon’ble Court and the applicant/plaintiff’s household goods were thrown on the roadside.
  5. That the defendant/respondent has thus knowingly and willfully disobeyed and violated the injunction orders issued by this Hon’ble Court on ………… (date) and he is as such guilty of disobedience of the orders of this Hon’ble Court and has rendered himself liable to be detained in civil imprisonment and attachment of his property. List of properties is attached.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

  1. take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and other provisions of law may be taken against the defendant/respondent and his property may be directed to be attached and he may be directed to be kept in civil imprisonment for the maximum term.
  2. direct restoration of the possession of the suit property to the plaintiff/applicant.
  3. any other appropriate orders/directions may also be passed as may be deemed fit in the facts and circumstances of the case in favour of plaintiff/applicant.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[Signature of the Plaintiff]

[Name of the Plaintiff]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] that the contents of paras 1 to … of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras …. to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[Signature of the Plaintiff]]

[[Name of the Plaintiff]]

(Note: An affidavit, duly attested by oath commissioner, in support of this application is to be attached with to this application)

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