application in case under section 14

 

Before the Learned Additional District Magistrate (L.R.), Murshidabad, & with Authority under Section 14 of SARFAESI ACT, 2002;

 

                                                          Ref.: Case No. 20/2023

{Under Section 14 of SARFAESI Act, 2002, and Security Interest (Enforcement) Rules, 2002}

 

                                                          In the matter of;

Punjab National Bank, Nimtala Chunakhali Branch;

                             ______Applicant

-      Versus –

 

Hasna Bewa, Wife of Late Janaruddin Sekh (Borrower) and Another;

                             __Respondents

 

The humble Petition on behalf of the Respondent no. 1, Hasna Bewa, Wife of Late Janaruddin Sekh (Borrower), most respectfully;

Sheweth as under;

 

1.   That you petitioner had received a notice at first only on 2^nd day of November’ 2023, which has been given under the envelop of the applicant Bank, and the same has been posted only on 31^st day of October’ 2023. The said notice being Memo no. 1323/R.M./SARFAESI, dated 16/10/2023, has been issued by the Officer-in-Charge, SARFAESI Act, 2002, Murshidabad. The said notice directed for the appearance on 3^rd day of November’ 2023. The Petitioner intimated her inability to appear in such short period of time, through her Learned Advocate on 3^rd day of November’ 2023. The petitioner intimated about the pendency of application being SA/26/2022 & SA/27/2022, before the Hon’ble Debt Recovery Tribunal, Siliguri.

 

2.   That thereafter an another Notice being Memo No. 1360/R.M./SARFAESI, dated 08/11/2023, has been issued by the Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, which has been delivered to the Petitioner on 14^th day of November’ 2023. The said notice is directed to appear on 23/11/2023.

 

3.   That the Petitioner is not in receipt of any copy of application or claim statement ever placed by the applicant bank in the above referred case, as the same has not been served with the said purported two notices on the petitioner, therefore the petitioner do not have any iota about the petition on which the case has ever been registered before the Learned Additional District Magistrate (L.R.), Murshidabad, & with Authority under Section 14 of SARFAESI ACT, 2002.

 

4.   That the petitioner has only assumption from the notices that a proceeding under Section 14 of SARFAESI Act, 2002, has been lodged against the petition by the applicant herein Punjab National Bank. Such an action of the applicant is not desirable, particularly when the disputes and their actions has been challenged by the respondent under SARFAESI Act, 2002, before the Hon’ble DRT Siliguri, and the same is pending for adjudication.

 

5.   That the Petitioner has preferred to challenge the notices and present referred case herein above before the Hon’ble DRT Siliguri, with a prayer for stay of the present case proceeding and the same would be listed for hearing very shortly, therefore your petitioner seeks the adjournment of the referred case herein above for a reasonable period of time, so, that your petitioner would able to submit the order of the Hon’ble DRT Siliguri, at the earliest, in the interest of administration of justice.

 

6.   That the Petitioner further seeking a direction upon the applicant Punjab National Bank to serve a copy of the petition, claim, and the affidavit, with all relied upon documents, to the Respondent Hasna Bewa, as to enable the petitioner to put her comment & reply on those documents and petition, claim and affidavit, in the interest of administration of justice.

 

7.   That unless, the Learned Additional District Magistrate (L.R.), Murshidabad, & with Authority under Section 14 of SARFAESI ACT, 2002, adjourn the case referred herein above and give direction upon the applicant Punjab National Bank to serve a copy of the petition, claim, and the affidavit, with all relied upon documents, to the Respondent Hasna Bewa, your petitioner will highly prejudice and suffer with irreparable loss and injury thereof.

 

8.   That the preponderance of balance of convenience & inconveniences are in favour of your petitioner and the applicant Punjab National Bank will not prejudice.

 

9.   That this application is made bonafide in the interest of administration of justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to grant adjournment of the present referred case for a reasonable period of time, and to direct the applicant Punjab National Bank to serve a copy of the petition, claim, and the affidavit, with all relied upon documents, to the Respondent Hasna Bewa, as to enable the petitioner to put her comment & reply on those documents and petition, claim and affidavit, in the interest of administration of justice, and /or to pass such other necessary order or orders as your Honour may deem, fit, & proper for the end of Justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

VERIFICATION

 

I, Hasna Bewa, being the Respondent no.1, herein in the above referred Case, under Section 14 of SARFAESI Act, 2002, made this application. I am conversant and acquainted with the material facts, as stated by me herein above, in my present application. I verify and sign this application on ______ day of November’ 2023.