Application under section 340 of crpc
Atal
(Querist) 17 June 2018
This query is : Open
Please check my below application. In this matter civil court ulhasnagar is working like a legal firm of corporate giants ADITYA BIRLA GROUP's partner company IDEA CELLULAR LMITED. In this matter judges of this court crossed every limit of illegal things & working like an agent of idea cellular limited. Please check my application below & guide me.
BEFORE HONORABLE CIVIL JUDGE JUNIOR DIVISION, J.M.F.C. ULHASNAGAR
Regular Civil Suit No: RCS/1000375/2015
IDEA CELLULAR LIMITED.
AMAN ARCADE, OPP. HP PETROL PUMP,
SECTION 27, ULHASNAGAR - 421003. Plaintiff………
V/S
ATAL PARAMLAL AHIRWAR
606, SHIV SHANKAR CO-OP. HSG. SCY.,
AMBIKA NAGAR, STATION ROAD, ULHASNAGAR,
THANE – 421004. Defendant…….
Sub: Application U/S 340, 250, 357 of C.R.P.C. 1973 read with U/S 191, 192, 193,194 195 of IPC. For the act of perjury committed by the Plaintiff under Affidavit & Solemn affirmation under oath submitted by the plaintiff in
1) Civil Court, Ulhasnagar, Maharashtra in Summary Civil Suit No. 1000035/2012 & Regular Civil Suit No. 1000375/2015
2) Consumer Disputes Redressal Forum, Thane, Maharashtra in Consumer Complaint No. CC/96/2011
3) State Consumer Disputes Redressal Commission, Mumbai, Maharashtra in Appeal No. A/15/525
MAY IT PLEASE THIS HONORABLE FORUM
I, Mr. Atal Paramlal Ahirwar, respondent (In Person) above named, do hereby state on solemn affirmation as under:-
1) Respondent was the postpaid subscriber of Plaintiff and never defaulted in his dues. He paid all his dues on time and because of his timely payment plaintiff increased his credit limit from rupees 1,000/- to rupees 22,700/- monthly. Because of defendant’s regular payment plaintiff made him SELECT PRIVILEDGED MEMBER. Very few customer reach to this level that any telecom service provider company trusts. But when defendant raised question of illegal business activities of plaintiff then plaintiff started harassing him by utilizing money power. Plaintiff not only destroyed defendant’s business but also forced him to live under pressure that any time defendant will get killed by plaintiff by utilizing money power with the help of some corrupt judicial officers.
2) Plaintiff is the public limited company registered under companies act, 1956 and filed summary civil suit under the provisions of order 37 of Civil Procedure Code for recovery of dues with the help of corrupt civil judge Smt. Kore. Plaintiff intentionally submitted manipulated documents and removed all the bills and receipts from record to destroy all evidences. Such acts of plaintiff are criminal and punishable offence U/S 191 to 195. I am providing the details of these section below:-
i) As per Section 191 of IPC if someone being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he/she either knows or believes to be false or does not believe to be true is said to give false evidence.
ii) As per Section 192 of IPC whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
iii) As per Section 193 of IPC whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
iv) As per Section 194 of IPC whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the laws for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
If innocent person be thereby convicted and executed — and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
v) As per Section 195 of IPC if someone gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upward, shall be punished as a person convicted of that offence would be liable to be punished. So the plaintiff be prosecuted, tried and penalized under section 340 of Cr. PC.
3) Plaintiff doing fraudulently business on larger basis and indulged harassing citizens who filed complaint against plaintiff before any judicial or government organization. Plaintiff started harassing defendant from July 2009 when he raised the question of unwanted charges in July 2009. From july 2009 to 5th October 2009 plaintiff continuously harassed defendant and disconnected his both numbers from 6th October to 21st October 2009. On 22nd October 2009 plaintiff again reconnected defendant’s connection by extracting extra money from defendant. Finally plaintiff permanently disconnected defendant’s connection after issuing September 2011 bill on 6th September 2011. Defendant submitted bunch of proofs in many occasions before this Honorable Court with his applications and other documents time to time but some judicial officers including Ex Civil Judges Smt. Kore & Mr. Hemant Joshi intentionally neglected the proofs and delayed the hearings to protect plaintiff from their illegal act.
4) Defendant registered complaint of harassment against Plaintiff before Consumer Disputes Redressal Forum, Thane, Maharashtra in March 2011. After defendant’s complaint plaintiff increased the level of torture and started increasing the amount in most of the bills and also disturbance in services. Finally plaintiff disconnected all services of defendant after issuing the September 2011 bill on 6th September 2011. Before disconnection plaintiff never informed defendant and also submitted defendant’s number on Telecom Regularity Authority of India’s website as a commercial consumer for the purpose of creating mental pressure so that defendant can take back his complaint against plaintiff which he filed with consumer disputes redressal forum thane and other authorities of this country. Plaintiff not only disconnected defendant’s both numbers but immediately allotted both numbers to other customers. Because of such illegal act of plaintiff defendant faced huge loses in his business and also his image damaged in front of his clients.
5) To protect from legal action from authorities Plaintiff registered fake summary civil suit with the help of corrupt civil judge Kore of Civil Court, Ulhasnagar to harass respondent by using the loopholes of judiciary. It is criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleading or false document in evidence before court of law. I am giving you the point wise details as under:-
i) On the basis of manipulated documents Plaintiff registered fake summary civil suit in civil court, Ulhasnagar in September, 2012 and also got fake decree order without sending any notice or summons to defendant. Later this decree order removed from record by corrupt civil judge Kore.
ii) Though defendant receives no any notice or summons from civil court Ulhasnagar related to Summary Civil Suit No. 1000035/2012(Later this suit converted in to Regular Civil Suit No: RCS/1000375/2015) then to he attended civil court Ulhasnagar on 14/06/2013(Defendant got information of summary civil suit from the written statement of plaintiff which plaintiff submitted in consumer disputes redressal forum thane, Maharashtra on 21/05/2013 where plaintiff was the defendant) and accepted the copy of summons in front of corrupt civil judge Kore and wrote everything on the acknowledgement. After accepting the summon defendant submitted leave to defend application on same day.
iii) There was not a single document defendant received with this summon as an evidence. The framed documents submitted as evidence with this summon. With this summon two post office receipts and one acknowledgement receipt defendant find in which date of post office receipts was 19/06/2012 and on acknowledgement date was 18/06/2012. Second acknowledgement was not attached which plaintiff sent to the address of M/s. Crossfire Safety Systems Pvt. Ltd. During cross examination of affidavit evidences on 21/07/2017 Mr. Prashant Madkaikar, legal manager of Plaintiff was not able to clarify the date of receipt of acknowledgement.
iv) Plaintiff submitted reply to leave to defend application of defendant on 03/09/2015 after two years from the date of leave to defend application. In most of the hearing plaintiff intentionally absent to delay the suit. Plaintiff forced to submit this application because defendant submitted bunch of evidences on 24/07/2015 which proved plaintiff doing fraudulently business on larger basis. Defendant also attached order of Consumer Disputes Redressal Forum, Thane in which it clearly mentioned that plaintiff manipulating the financial as well customer’s account which makes huge loses to government revenues.
v) Defendant submitted two times application for audio/video recording in summary as well regular civil suit but no any action taken by this honorable court on first application when this suit was summary civil suit because of corrupt civil judge Kore. Second time Mr. Hemant Joshi, The Civil Judge hold the application with him during his tenure and deny taking any action. Plaintiff was continuously absent then to Mr. Joshi did nothing. Defendant submitted one more application of illegal court proceedings before him for taking necessary action but Mr. Joshi enjoyed his judicial power and did nothing.
6) Plaintiff is a public limited company and currently it is the third largest telecom service provider company in India but in each and every documents plaintiff changed their statement every time. Defendant says that the plaintiff has deposed falsely in many para’s (Point) under affidavit. I am giving you the point wise details as under:-
i) In original plaint in point 5 plaintiff mentioned that plaintiff issued the bills to the defendant for the period starting from 29/09/2007 to 31/01/2012. (Same thing also mentioned in affidavit for evidence dated 07/04/2016 in point 5.).
ii) In original plaint in point 6 plaintiff mentioned that plaintiff discontinued services of defendant on 21/12/2012. (Same thing also mentioned in affidavit for evidence dated 07/04/2016 in point 6.).
iii) In original plaint in point 13 plaintiff mentioned that the plaintiff has sent notice on 18/06/2012 to the defendant in that notice para no. 2 the date of providing cellular service was written on 01/01/2008 which is incorrect, it is topographical mistake the correct date is 29/09/2009, please note. (Same thing also mentioned in affidavit for evidence dated 07/04/2016 in point 13.)
iv) In notice dated 16/08/2012 which defendant receives while accepting the summon it is mentioned in point number 2 that date of providing the services to defendant was 01/04/2008.(Same thing also mentioned in notice dated 18/06/2012 which defendant collected as a certified copy from civil court Ulhasnagar.)
v) In notice dated 16/08/2012 which defendant receives while accepting the summon it is mentioned in point number 3 that date of permanent disconnection of services of defendant was 21/12/2011.(Same thing also mentioned in notice dated 18/06/2012 which defendant collected as a certified copy from civil court Ulhasnagar.)
vi) While cross examination of affidavit evidences Mr. Prashant Madkaiker, Legal Manager of plaintiff totally refused that there was any complaint filed by defendant before Consumer Disputes Redressal Forum, Thane and he also neglected that plaintiff filed any appeal against defendant at State Consumer Disputes Redressal Commission, Mumbai, Maharashtra. But the fact is that Mr. Prashant Madkaikar signed below documents in above mentioned organizations are as under:-
a) Mr. Prashant signed on written statement dated 21/05/2013 with affidavit at Consumer Disputes Redressal Forum, Thane, Maharashtra in consumer complaint number CC/96/2011. From this written statement only defendant came to know that Summary civil suit was filed against him in civil court Ulhasnagar.
b) Civil Judge Smt. K.P.S. Jain Desarda passed order on 19/10/2015 in which Smt. Jain mentioned the judgement dated 09/04/2015 of Consumer Disputes Redressal Forum, Thane but Mr. Prashant neglected that he have no any knowledge of this order.
c) The appeal no. A/15/525 filed by plaintiff in State Consumer Disputes Redressal Commission, Mumbai signed by Mr. Prashant Madkaikar.
7) Plaintiff intentionally removed documents from record to harm defendant. It is criminal and punishable offence U/S 191, 192, 193, 194 and 195 of IPC, 1860. I am providing point wise details as under:-
i) While filling the plaint plaintiff submitted CAF copy dated 29/09/2007 but intentionally removed the copy of plan which defendant signed. Such things clearly indicate that plaintiff knows the facts that these records harm the image of plaintiff. So plaintiff submitted manipulated summary of accounts.
ii) While filling the plaint plaintiff submitted TARIFF ENROLLMENT FORM- NETSETTER which defendant signed on 13/06/2009 but smartly plaintiff removed the receipt of Rupees 5,500/- & 500/- which plaintiff issued to defendant against his payment of one year advance rental plan for net setter.
iii) While filling the plaint plaintiff removed all the bills from record because plaintiff knows very well that bills are sufficient proofs of fraudulently business activities of plaintiff.
iv) While filling the plaint plaintiff submitted only net setter enrollment form and intentionally removed defendant’s bill plan of using call services. Defendant was having T816- New roaming plan.
8) Plaintiff manipulated so many documents and submitted manipulated summary of account as an evidence which clearly indicates that plaintiff can go on any extent to harm defendant with money power. It is criminal and punishable offence U/S 191, 192, 193, 194 and 195 of IPC, 1860. Plaintiff was having T816-New Roaming Plan in which 200 local & national SMS was Free after that all SMS charges were 0.30 paise per SMS, All calls including STD were 0.50 paise per minute and all calls in national roaming was 0.70 paise both outgoing and incoming. With this PLAN defendant having special SMS plan of 5000 SMS. Plaintiff manipulated so many bills and charged extra amounts in many times. I am providing point wise detail below:-
i) Plaintiff charged rupees 19+ taxes extra on 14/01/2008 as SMS Charges.
ii) Plaintiff charged rupees 128+ taxes extra on 15, 21 & 22/08/2008 as SMS Charges.
iii) Plaintiff charged rupees 427+ taxes extra between 28/11/2008 to 05/12/2008 as SMS Charges.
iv) Defendant paid rupees 5500/- in cheque on 13/06/2009 but plaintiff showed rupees 3010/- in his record and that too in next month dated 29/07/2009.
v) Plaintiff charged rupees 3179+ taxes as one time charges in July-09 bill.
vi) Plaintiff charged rupees 50+tax as late fees in August -09 bill.
vii) Plaintiff charged rupees 805.57+ taxes extra in Aug -09 bill as GPRS charges but there was no any details provided in bill.
viii) Plaintiff charged rupees 42.87+ taxes extra in Oct- 09 bill as GPRS charges but there was no any details provided in bill.
ix) Plaintiff charged rupees 276+ taxes extra on 28/09/2009 as SMS Charges.
x) Plaintiff charged rupees 118+ taxes extra on 16 & 17/10/2009 as SMS Charges.
xi) Plaintiff charged rupees 677.348+ taxes extra in Dec -09 bill as GPRS charges but there was no any details provided in bill.
xii) Plaintiff charged rupees 363.288+ taxes extra in Jan -2010 bill as GPRS charges but there was no any details provided in bill.
xiii) Plaintiff charged rupees 250+ taxes extra as one time charges in January -2010 bill.
xiv) Plaintiff charged rupees 2457.508+ taxes extra as GPRS charges in April-2010 bill. (Only upload and download details provided)
xv) Plaintiff charged rupees 83.79+ taxes extra in May – 2010 bill as late fee.
xvi) Plaintiff charged rupees 679.488+ taxes extra as GPRS charges in August-2010 bill but no any detail provided.
xvii) Plaintiff charged rupees 705.568+ taxes extra as GPRS charges in September-2010 bill. (Only upload and download details provided)
xviii) Plaintiff charged rupees 656.388+ taxes extra as GPRS charges in October-2010 bill. (Only upload and download details provided)
xix) Plaintiff charged rupees 32+ taxes extra on 04/10/2010 as SMS Charges.
xx) Plaintiff charged rupees 308.010+ taxes extra as Idea Net Setter Plan 399 in November -2010 bill.
xxi) Plaintiff charged rupees 2,163.788+ taxes extra as GPRS charges in November -2010 bill. (Only upload and download details provided)
xxii) Plaintiff charged rupees 10+ taxes extra as ISD call on 24/02/2011 for local calls and local call number was – 9823446744.
xxiii) Plaintiff charged rupees 35+ taxes extra in June – 2011 bill as SMS Charges.
xxiv) Plaintiff charged rupees 165+ taxes extra in July – 2011 bill as SMS Charges.
xxv) Plaintiff charged rupees 173+ taxes extra in July – 2011 bill as roaming Charges.
xxvi) Plaintiff charged rupees 45+ taxes extra in August – 2011 bill as SMS Charges.
xxvii) xxv) Plaintiff charged rupees 1,521.99+ taxes extra in August – 2011 bill as roaming Charges
xxviii) Plaintiff charged rupees 2,156+ taxes extra in 6, September – 2011(For usage in August – 2011) bill as SMS Charges.
9) As the plaintiff has filed false complaint against the defendant, Defendant has to secure his presence before Honorable Court on each and every date .He has to face false trial pass through great hardship under such circumstances the plaintiff has enjoyed all the proceedings and wasted the precious time of Honorable Court.
10) The Defendant further says that the plaintiff has harassed him by filing false application and evidences so plaintiff may be directed to pay the compensation as per Section 250 and 357 of Cr. PC to the Defendant. This fact to be considered on higher priority basis that because of such harassment defendant faced huge loses in business and forced to shutter down his office address was 101, SAI SRUSHTI APT. OPP. HIRA BOOK SELLER, STATION ROAD, SHIVAJI CHOWK, ULHASNAGAR – 421003. Some criminal minded clients deny to pay the bills because they knows the facts that I will do nothing against them because of the fact that judiciary of Ulhasnagar and Department of police will not cooperate me in any manner.
11) Honorable Civil Court not only neglected defendant’s application dated 24/07/2015 related to release the order in front of higher authorities of this country but also neglected the fact that plaintiff continuously absent for long time from proceedings by utilizing the loopholes of judiciary. As this is the fact that defendant facing judicial torture by this Honorable Court for intentionally delaying the matter through adjournment. Defendant provided every detail and sufficient proof in his application dated 24/07/2015 so that this Honorable Court can know the fact and reality of this matter. As this matter related to SCAM from telecom sector and plaintiff utilizing money power to kill defendant financially and socially so that case will get closed in the favor of plaintiff. With the help of Ex Civil Judge Kore plaintiff succeed in their plan to delay the suit through adjournment and later with the help of Advocate Mr. Ashok Santani, Advocate Mrs. P S Mapara and Civil judge Mr. Hemant Joshi. This Honorable Court registered this case without any proper documents to torture Defendant so that Defendant can take back his complaint against plaintiff and move for illegal settlement. As this case was registered in September 2012 and more than four years passed from registration.
12) Honorable Court neglected defendant’s application dated 05/09/2015 related to Audio Video recording because of illegal hearing of this suit to protect plaintiff. Till date no any action taken by this Honorable Court against defendant’s application. As it is the violation of defendant’s Human Rights by this Honorable Court. Defendant suffering since 2009 from the torture of plaintiff and later this Honorable Court is also joined hands with plaintiff to torture defendant. Again and again defendant demanded proof from plaintiff but it did not affect in any manner to plaintiff because plaintiff have full confidence of money power that no any authorities of this country are able to punish plaintiff. This Honorable Court proves the same. Case registered in this Honorable Court in September 2012 but till date not a single word uttered by this Honorable Court against plaintiff for wasting the time of this Honorable Court.
13) Because of forcefully order of Ex Civil Judge Kore defendant hired Advocate Mr. Ashok Santani and paid him rupees 20,000/- as a fees (Defendant stopped his second cheque of rupees 10000/- because of suspicious activity of Mr. Santani). The fact is that the suit filed for recovery of rupees 16000/- but Mr. Santani collected more than this amount from defendant because he assured defendant that he will telecast the matter in local news channel and provide justice within three months to defendant. But after receiving the amount Mr. Santani did not cooperated defendant in any manner. Though he collected all the documents from defendant but did not submit single documents in this Honorable Court. Behavior of Judge Kore was clearly indicates that she got benefitted from Mr. Santani otherwise there was no any need to wait Mr. Santani during court proceedings till evening on 03/08/2013 and 17/08/2013.
14) It was decided on 17/03/2016 that suit dismissed on the basis of no evidence and order be released on 07/04/2016 but no any order passed by this Honorable Court and case adjourned for next hearing on 16/06/2016. Defendant does not find any reason for delay the matter and it was also suspicious that who changed the order of Smt. K P S Jain Desarda which she passed on 17/03/2016. Immediate transfer of judge Smt. K P S Jain Desarda creates doubt in the mind of defendant that really it was regular transfer or money power works here on higher level to protect plaintiff.
15) On 07/04/2016 defendant was in court till 1.00 pm but till that time Plaintiff was not present in court, So with the permission of Honorable Civil Judge defendant left the court but in records it shows that defendant was absent on that day and plaintiff submitted documents. Such activities are suspicious that who change the daily order and how plaintiff’s document get recorded on that day’s hearing.
16) Defendant fighting this case under the pressure that anytime he will get killed by plaintiff by using some illegal way. Not only plaintiff misled the authorities of this country but also this Honorable Court. Defendant attached so many documents which he submitted and collected from different authorities of this country but this Honorable court not only neglected these documents but also protected plaintiff by adjournment without any reason. This is the fact that plaintiff continuously absent in court proceedings without any reason by knowing the facts that judiciary of civil court Ulhasnagar will not go against plaintiff in any manner.
17) This fact to be considered on higher priority basis that both the Advocates are legal representative of Plaintiff and Defendant and without any reason continuously absent for more than two years are clearly indication that both the Advocates do not have any respect towards this Honorable Court. They both knows very well that this Honorable Court do nothing against them and no any authorities have any guts to punish them. No any action from this Honorable Court for this long absence proves the confidence of both the advocates.
18) This fact to be considered on higher priority basis that Defendant again and again claims that it is related with fraud from telecom sector and plaintiff torturing defendant for illegal settlement. So, it is the duty of this Honorable Court to verify the fact on higher priority basis. No action creates doubt that there is something fishy otherwise when matter relates to Country’s betterment it is the duty of judiciary to act fast so that fact can come out and everyone know the reality.
19) It is the clear indication that plaintiff Advocate Mrs. Pratiksha Mapara indulges to create situations with the help of corrupt Civil Court Judge Kore to delay the matter & to social and financial loss to defendant. So it is necessary to take strict action against Advocate Mrs. Pratiksha Mapara under IPC section 191, 193. 212, 217.
20) It is the clear indication that plaintiff indulged manipulating financial as well customers data on larger bases & it affects the revenue of government. So it is necessary to refer this matter for higher level inquiry from Central Bureau of Investigation (CBI), Chief Vigilance Commission (CVC) & Comptroller General of Audit (CAG).
21) This fact to be considered on higher priority basis that because of forceful order from corrupt Civil Judge Kore defendant forced to hire an advocate. Because of her order defendant hired Advocate Ashok Santani as his advocate but Mr. Santani never cooperated to defendant. Though Defendant paid rupees 20,000/- fees to Mr. Santani in advance by two cheques amounting 10,000/- each dated 03/08/2013 & 03/11/2013 respectively (Though suit is of 16,507.51 but he receives 20,000/-). He promised the defendant that he will telecast the matter on local news channel & will get the order within three months. He was working like as assistance of plaintiff. He attended two hearings on 03/08/2013 & 17/08/2013. In both the hearing he appeared in court at 5.45 pm. Judge’s activity is in question that why she waits for Mr. Santani in both the time. In both the time he forced defendant to sign the document without reading. For this he gave excuse that judge do not have time & she want to leave the court. If defendant will not sign on the document then court will pass order against him. So it is necessary to take strict action against Advocate Ashok Santani under IPC section 191, 193. 212, 217 & as according to Advocate Act 1961..
22) Advocate Pratiksha Mapara submitted three documents in Consumer Disputes redressal Forum, Thane & in each document she clearly mentioned that Defendant used services of plaintiff till August 2011. Defendant already submitted all these documents in previous hearing but Honorable Court neglected all the facts.
23) Advocate Pratiksha Mapara submitted three documents in Consumer Disputes Redressal Forum, Thane & in each document she clearly mentioned that Defendant was defaulter & he was not paying his dues regularly but not ready to provide single bill. Defendant already submitted all these documents in previous hearing. It is the duty of Honorable Court to verify the fact and release the order without any delay.
On the basis of above defendant prays that:
i) The Plaintiff (Idea Cellular Limited) may kindly be prosecuted and tried and punished as per section 191, 192, 193, 194,195 of IPC, 1860 and U/S 250, 357, 340 of CRPC, 1973.
ii) Honorable Court issue direction to police department to register FIR against Plaintiff(Idea Cellular Limited) and its CEO Mr., Kumar Mangalam Birla under section 420 of IPC for doing fraudulently business.
iii) The plaintiff directed to pay Compensation of Rupees 5,50,00,000/-(Five crore fifty lakhs) to the defendant on the basis of loss of business, mental harassment & continuous torture by Idea Cellular Ltd by using illegal way.
iv) Honorable Court refers this whole matter for higher level investigation to Central Bureau of Investigation (CBI), Central Vigilance Commission (CVC), Registrar of Companies (ROC) and Comptroller General of Audit (CAG).
v) The plaintiff directed to deposit 20,000,0000,000/-(Twenty Thousand Crore) as a fine in public welfare fund for plaintiff’s illegal act(Honorable Supreme Court direction to be followed which Honorable SC issues in Sahara vs Sebi case where Honorable Supreme Court sent Mr. Subrato Roy Sahara behind the bar).
vi) Honorable Court refer this matter to Honorable Supreme Court or higher judicial authorities so that proper investigation will done against Concerned civil court officers who indulged manipulating records.(It is the clear indication that notice date manipulated & submitted again after I raised question of illegal notice)
vii) Honorable Court issue direction to Bar Council of Maharashtra and Goa for the cancellation of registration number of Advocate Pratiksha Mapara with imprisonment for seven year with fine for obstructing and delaying court proceedings.
viii) Advocate Ashok Santani directed to pay compensation of rupees 2,00,000/-(Two lakh) to opponent for not attending court proceedings after receiving fees in advance.
ix) Honorable Court issue direction to Bar Council of Maharashtra and Goa for the cancellation of registration number of Advocate Ashok Santani with imprisonment for seven year for not attending court proceedings after receiving fees in advance.
x) Any other just and equitable order in the interest of justice be kindly be passed.
Place: ULHASNAGAR ATAL PARAMLAL AHIRWAR
Date: 11/08/2017 (DEFENDANT)
CC:-
1) Honorable President of India
2) Honorable Chief Justice of India, Supreme Court
3) Honorable Prime Minister of India
4) Honorable Law Minister, Government of India
5) Honorable Consumer Minister Government of India
6) Honorable Chief Justice, Bombay High Court
BEFORE HONORABLE CIVIL JUDGE JUNIOR DIVISION, J.M.F.C. ULHASNAGAR
Regular Civil Suit No: RCS/1000375/2015
IDEA CELLULAR LIMITED.
AMAN ARCADE, OPP. HP PETROL PUMP,
SECTION 27, ULHASNAGAR - 421003. Plaintiff………
V/S
ATAL PARAMLAL AHIRWAR
606, SHIV SHANKAR CO-OP. HSG. SCY.,
AMBIKA NAGAR, STATION ROAD, ULHASNAGAR,
THANE – 421004. Defendant…….
AFFIDAVIT
I, Atal Paramlal Ahirwar, Aged 41 years, resident of 606, Shiv Shankar Co-Op.
Housing Society Limited, Ambika Nagar, Station Road, Ulhasnagar, Thane –
421004 do hereby solemnly affirm and state for and on behalf defendant as under:-
1) I say that defendant was a postpaid subscriber of plaintiff & never defaulted in his dues. When defendant raised question of unwanted bills plaintiff started harassing him by utilizing money power and tortured him with the help of corrupt judicial officers.
2) I say that Plaintiff filed fake summary civil suit under the provisions of order 37 of Civil Procedure Code for recovery of dues with the help of corrupt civil judge Smt. Kore. Plaintiff intentionally submitted manipulated documents and removed all the bills and receipts from record to destroy all evidences.
3) I say that Plaintiff doing fraudulently business on larger basis and indulged harassing citizens who filed complaint against plaintiff before any legal organization.
4) I say that Defendant registered complaint of harassment against Plaintiff before Consumer Disputes Redressal Forum, Thane, Maharashtra in March 2011. After defendant’s complaint plaintiff increased the level of torture and harassment and finally without any intimation plaintiff disconnected all services of defendant after issuing the September 2011 bill on 6th September 2011.
5) I say that plaintiff is the third largest telecom service provider company in India but in each and every documents plaintiff changed their statement.
6) I say that Plaintiff intentionally removed documents from record to harm defendant.
7) I say that Plaintiff manipulated so many documents and submitted manipulated documents as evidence. In most of the bills plaintiff did not followed bill plans.
8) I say that the plaintiff has filed false complaint against the defendant, Defendant has to secure his presence before Honorable Court on each and every date .He has to face false trial pass through great hardship under such circumstances the plaintiff has enjoyed all the proceedings and wasted the precious time of Honorable Court.
9) I say that this Honorable Civil Court not only neglected defendant’s most of the application but protected plaintiff by adjournment without any reason.
10) I say that Civil Judge Kore forced defendant to hire an advocate otherwise she will not entertain defendant in any court proceedings. While passing this order Judge Kore insulted the constitution of India. Constitution of India provide equal rights to each and every citizens of Inida.
11) I say that defendant hired Advocate Mr. Ashok Santani and paid him rupees 20,000/- as a fees. I say that Advocate Ashok Santani always neglected defendant after receiving whole fees in advance. Mr. Ashok Santani always works like an assistant of plaintiff.
12) I say that Defendant fighting this case under the pressure that anytime he will get killed by plaintiff by using some illegal way. I Say that this Honorable court not only neglected defendant but always protected plaintiff by adjournment without any reason.
13) I say that both the Advocates are legal representative of Plaintiff and Defendant and without any reason continuously absent for long time in court proceedings.
14) I say that Defendant again and again claims that it is related with fraud from telecom sector and plaintiff torturing defendant for illegal settlement but this Honorable Court always neglected defendant & protected plaintiff.
15) I say that plaintiff Advocate Mrs. Pratiksha Mapara indulges to create situations with the help of corrupt judicial officers to delay the matter & to social and financial loss to defendant.
16) I say that plaintiff indulged manipulating financial as well customer’s data on larger bases & it affects the revenue of government.
17) I say that Advocate Pratiksha Mapara submitted three documents in Consumer Disputes redressal Forum, Thane & in each document she clearly mentioned that Defendant used services of plaintiff till August 2011.
18) I say that plaintiff submitted three documents in CDRF, Thane & in each document it was clearly mentioned that Defendant was defaulter & he was not paying his dues regularly but never submitted any bill.
PLACE: ULHASNAGAR ATAL PARAMLAL AHIRWAR
DATE: 01/08/2017 (DEFENDANT & AFFIANT)
VERIFICATION
I, Atal Paramlal Ahirwar, Age: 41 years, Occupation: Business, resident of 606, Shiv Shankar Co-Op. Hsg. Scy. Ltd., Ambika Nagar, Station Road, Near Ambika Mandir, Ulhasnagar – 421004 do hereby solemnly affirm & verify that, whatever stated above is true & correct according to my knowledge, belief & understanding & hence I have signed this affidavit.
I have signed this on 11/08/2017.
Place: Ulhasnagar Atal Paramlal Ahirwar
Date: 11/08/2017 Affiant
Verified by me
Atal Paramlal Ahirwar
Adhar No: 855097883898
