起訴通知
Index No.: 00105
NOTICE OF PETITION
Non-Payment
RE: China Ever Realty Group Corp., Ltd., Petitioner (Landlord)
[Located at 17 Jiankang Road, Haidian District, Beijing 100038, P.R.China]
Against
Direct Investment Holding, Inc., Respondent (Tenant)
[Located at 620 - 5th Avenue, New York, N.Y. 10002, U.S.A.]
To the respondent above named and described, in possession of the premises
hereinafter described or being claimed possession thereof:
KINDLY TAKE NOTICE that this law firm, by and through the undersigned
counsel, represents and is now acting for China Ever Realty Group Corp., Ltd.
TAKE NOTICE that a hearing at which you must appear will be held at the Haidian
District People’s Court in the Municipality of Beijing on September 29th, 2005, at
10:00 A.M. sharp, which prays for a final judgment of eviction, awarding to the
petitioner the possession of premises designated and described as follows:
[The ten suites on the 3rd floor, numbered Suite 301 to Suite 310, with a total
construction area of 750 square meters, located at 17 Jiankang Road, Haidian District,
Beijing 100038]
and further granting to the petitioner such other and further relief as is demanded in
the petition, which petition you must answer.
TAKE NOTICE also that demand is made in the petition for judgment against you,
the respondent, for the sum of RMB 134,000.00 with interest from August 1, 2001.
TAKE NOTICE that your answer may set forth any defense or counterclaim you
may have against the petitioner.
TAKE NOTICE also that if you shall fail to interpose and establish any defense that
you may have to the allegations of the petition, you may be precluded from asserting
such defense.
TAKE NOTICE also that your answer may be made at the time of hearing
specified above unless this Notice of Petition is served upon you on or before August
29th, 2005, in which event you must answer at least three (3) days before the petition
is noticed to be heard, either orally before the clerk of Court at his or her office or in
writing by serving a copy thereof upon the undersigned attorney for the petitioner,
and by filing the original of such answer, with proof of service thereof, in the Office of
the Clerk at least three (3) days before the time the petition is noticed to be heard; inaddition thereto, you must appear before the court at the time and place
hereinabove set forth for the hearing.
TAKE NOTICE that your failure to appear and answer may result in final judgment
by default for the petitioner in the amount demanded in the petition.
TAKE NOTICE that under Rule 7(a) of the Court rules, you may be required by the
Court to make a deposit of use and occupancy, or a payment of use and occupancy
to the petitioner, upon your request for an adjournment or if the proceeding is not
settled or a final determination has not been made by the Court within 30 days of
the first court appearance. Failure to comply with an initial deposit or payment
order may result in the entry of a final judgment against you without a trial. Failure
to make subsequent required deposits or payments may result in an immediate trial
on the issues raised in your answer.
Dated: August 1, 2005.
___________________________
Attorney for Petitioner
Deguang Zhang, Esq.
666 E. Changan Blvd.
Beijing, P.R.China 100001
86-10-1234-5678
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