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. 1360 / R.M. / SARFAESI, dated
08/11/2023, 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 08/11/2023;
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. 1360/R.M./SARFAESI, dated 08/11/2023,
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 14th day of November’ 2023. The said
notice directed in the said mentioned case about the date fixed on 23-11-2023.
2. That the said Notice under Memo. No. 1360)/R.M./SARFAESI,
dated 08/11/2023, 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.
3. 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.
4.
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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