Date
: 3rd day of November’ 2023
To,
The Additional District Magistrate
(L.R.), Murshidabad, & with Authority Under Section 14 of SARFAESI Act’
2002, having it’s Office of the District Magistrate, New Administrative
Building, Berahampur, District – Murshidabad, Pin – 742101,
Email : admlr.murshidabad@gmail.com
Mobile Number : 9434770001.
Ref.: Case No. 20/2023 {Summon/ Notice
in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of
SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002.
In the matter of ;
Punjab National Bank, Nimtala
Chunakhali Branch
- Versus –
1. Hasna Bewa, Wife of Late Janaruddin
Sekh (Borrower);
2. Mehboob Sk, Son of Late Janaruddin Sekh
_______(Respondents
All)
Memo. No. 1323/1(3)/R.M./SARFAESI,
dated 16/10/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad.
My Client : Hasna Bewa, Wife of Late
Janaruddin Sekh, of Village Ustia, Post Office – Muktinagar, Police Station –
Berhampore, District – Murshidabad, Pin – 742102, West Bengal.
WITHOUT
PREJUDICE
REPLY
ON YOUR NOTICE DATED 16/10/2023;
Dear
Sir,
Under
instructions of my Client Hasna Bewa, Wife of Late Janaruddin Sekh, of Village
Ustia, Post Office – Muktinagar, Police Station – Berhampore, District –
Murshidabad, Pin – 742102, West Bengal, I hereby states as follows;
1.
That
my Client has received your Notice being Memo. No. 1323/1(3)/R.M./SARFAESI,
dated 16/10/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad,
in connection with Case No. 20/2023 {Summon/ Notice in Connection with hearing
of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and
Security Interest (Enforcement) Rules, 2002, only on 2nd day of
November’ 2023. It appears from the envelop which is of Punjab National Bank,
Murshidabad Circle Sastra, 26/11, S.S.Sen Road, Post Office – Berhampore,
District – Murshidabad, Pin – 742101 (W.B.), and the said envelop has been
posted only on 31st day of October’ 2023, which has been delivered
only on 2nd day of November’ 2023, which clearly come through the
track consignment report obtained from the Postal Web Server.
2. That very interestingly the notice
issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, in connection
with Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI
Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest
(Enforcement) Rules, 2002, has never been posted by him in an official envelop
and the same has been posted under the envelop of the Punjab National Bank,
which has been posted only on 31st day of October’ 2023, therefore
very surprisingly my client failed to understand that what prevented the
issuing officer not post the said notice well within time, and the another one,
what prompted him to give such notice to the official of the Punjab National
Bank, and more interestingly, why such notice has been booked for post only on
31st day of November’ 2023, therefore my client did not avail
appropriate time to place her defence and the facts against the said given
notice and the Punjab National Bank.
3. That the said Notice under Memo. No.
1323/1(3)/R.M./SARFAESI, dated 16/10/2023, issued by Officer-in-Charge,
SARFAESI Act, 2002, Murshidabad, is without any copy of any application or
Claim, whatsoever of the Punjab National Bank. Therefore my client is not in
any iota or knowledge of any claim put forward by the said Punjab National
Bank; Even the said notice did not speak for itself. The said notice also did
not speak about ant property as no schedule of any immovable property has ever
been given or described, so far. Thus my client is need to have a copy of the
application/ petition / claim/ affidavit with all annexures and /or documents or
papers relied on by the Punjab National Bank.
4. That the following cases are pending
before the Hon’ble Debt Recovery Tribunal, Siliguri, which has been duly lodged
by my client against the Punjab National Bank for their unlawful acts &
omissions;
(a) SA/26/2022;
(b) SA/27/2022;
Which are pending for final hearing
before the Hon’ble Tribunal. It is pertinent to states that the Punjab National
Bank failed to answer / reply on the application of my client, which has been
noted with dissatisfaction in the order of the Hon’ble Tribunal, with a
direction on the Chief General Manager of the Punjab National Bank. Further it
is pertinent to states that the Punjab National Bank has taken steps during the
pendency of the proceedings before the Hon’ble Tribunal, which has been turned
down by the Hon’ble Tribunal.
Photostat copies of all the orders are
enclosing herewith and marked as Annexure –“A”.
5.
That in the given fact, my client would place
appropriate application before the Hon’ble DRT, Siliguri, at the earliest and
will inform you the same. It is pertinent to state that the disputes between my
client and the Punjab National Bank is subjudice before the Hon’ble DRT,
Siliguri, and the same is awaiting for final hearing, wherein the Punjab
National Bank willfully failed to reply or answer on the application of my
client.
I, for and on behalf of my client
requesting you to kindly provide the copy of application/ petition/ claim, etc.
of the Punjab National Bank, to put forward necessary comments on the same and
also take endavour to give the copy of the documents/ papers relied on by the
Punjab National Bank, so that my client necessarily put forward her comments on
those documents/ papers, so far, by the next date fixed in the above referred
proceeding initiated by the Punjab National Bank before your good offices.
Further my client will abide to inform you about any further order of the
Hon’ble DRT, Siluguri, in the proceeding being (a) SA/26/2022, & (b)
SA/27/2022 and also in relation to the proceeding referred herein above, which
is pending before your good offices, which please note, copy kept for future
references.
Thanking you,
Yours’ faithfully,
Ashok Kumar Singh,
Advocate
High Court Calcutta
Copy to ;
1.
The
Officer-in-Charge, SARFAESI Act, 2002, having it’s Office of the District
Magistrate, New Administrative Building, Berahampur, District – Murshidabad,
Pin – 742101, Email : admlr.murshidabad@gmail.com
2. The Authorised Officer, Punjab National
Bank, Nimtala Chunakhali Branch, Murshidabad, and Regional Office at Premises
being no. 26/11, Sahid Surya Sen Road, Post Office & Police Station –
Berhampore, Murshidabad, Pin – 742101, Email : cs8283@pnb.co.in care@pnb.co.in zokolkata@pnb.co.in
3. The District Magistrate, Murshidabad, having
it’s Office of the District Magistrate, New Administrative Building,
Berahampur, District – Murshidabad, Pin – 742101, Email : dm-mur-wb@nic.in
{For information & necessary
action} only.
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