Thursday, October 10, 2024

affidavit of facts in insolvency case by the debtor

 

 

IN THE COURT OF THE LEARNED DISTRICT JUDGE AT ALIPORE, SOUTH 24 PARGANAS

 

Insolvency Case No.                 Of 2024

 

In the matter of;

Subhajit Shome,

_________Petitioner/ Debtor

-      Versus –

 

M/s. Whizdm Innovations Private Limited (Money View), & Others,

_________Respondents / Creditors

 

AFFIDAVIT OF FACTS;

 

Affidavit

I, Subhajit Shome, Son of Sri Subir Kumar Shome, aged about 43 years, by faith Hindu, by Occupation Unemployed, residing at Premises being No. 9A, Mahendra Road, Bhawanipore, Kolkata – 700025,  West Bengal, do hereby solemnly affirm and says as follows ;

1.   That I being the Petitioner named above in the application under Section 10 of the Provincial Insolvency Act, 1920. I am conversant and acquainted with the material facts in the foregoing paragraphs of the said application under Section 10 of the Provincial Insolvency Act, 1920. I am Competent to Swear this affidavit.

 

2.   That I am unable to pay my debts, due to continuous medical treatment and sufferings. I am presently unemployed and not able to find any earning resources, so far. I am not even able to maintain myself, therefore dependent on vicinity people for my day to day life.

 

3.   That my ordinary residency is the address as given in the cause title of my application. I am not the Owner of the said address given in the cause title of the application. I am staying at the said address being permissive possession to abode for the time being by my Old aged Father. The said possession or premises will not inherit as the same has been assigned to my  Sister by my Father. Thus I do not have any possession constructive in my favour.

 

4.   That I availed a financial facility from Aditya Birla Finance Limited for a sum of Rs. 88,000/- (Rupees Eighty Eight Thousand) only, under the Loan Number : LXEK09023-243128773, and presently the outstanding Loan amount being sum of Rs. 1,01,726/- (Rupees One Lakh One Thousand and Seven Hundred Twenty Six) only, has been shown by the Creditor. I had paid two number of EMI totalling as a sum of Rs. 12,438/- (Rupees Twelve Thousand and Four Hundred Thirty Eight) only.

 

5.   That I availed a financial facility from Tata Capital Limited for a sum of Rs. 1,50,973/- (Rupees One Lakh Fifty Thousand and Nine Hundred Seventy Three) only, under the Loan Number TCFPL0540000012652644, and presently the outstanding Loan Amount being sum of Rs. 1,98,696/- (Rupees One Lakh Ninety Eight Thousand and Six Hundred Ninety Six) only, has been shown by the Creditor. I had paid two number of EMI totalling as a sum of Rs. 11,688/- (Rupees Eleven Thousand and Six Hundred Eighty Eight) only. Subsequently a sum of Rs. 62,000/- (Rupees Sixty Two Thousand) only has been paid by me to the Creditor upon a Settlement of the Loan; But the Creditor after taking such settled money refused the settlement and asked for the outstanding amount being sum of Rs. 1,98,696/- (Rupees One Lakh Ninety Eight Thousand and Six Hundred Ninety Six) only, without any accommodation therein the money paid by me to the creditor. Thus the outstanding money demanded by the Creditor is not the actual outstanding as the same has not been accommodated with the payment made by me as a sum of Rs. 62,000/- (Rupees Sixty Two thousand) only, to the Creditor.

 

6.   That I availed a financial facility from M/s. Whizdm Innovations Private Limited (Money View), for a sum of Rs. 2,00,000/- (Rupees Two Lakh) only, under the Loan Number : 138965683694, and presently the outstanding Loan Amount being sum of Rs. 2,88,660/- (Rupees Two Lakhs and Eighty Eight Thousand Six Hundred Sixty) only, has been shown by the Creditor. I had paid two number of EMI totalling as a sum of Rs. 16,980/- (Rupees Sixteen Thousand Nine Hundred Eighty) only.

 

7.   That I availed a financial facility from M/s. DMI Finance Private Limited, for a sum of Rs. 1,00,000/- (Rupees One Lakh) only, under the Loan Number : DMI0043847536, and presently the outstanding Loan Amount being sum of Rs. 1,33,926/- (Rupees One Lakh Thirty Three Thousand Nine Hundred Twenty Six) only, has been shown by the Creditor. I had paid two number of EMI totalling as a sum of Rs. 7,878/- (Rupees Seven Thousand Eight Hundred Seventy Eight) only.

 

8.   That I availed a financial facility from M/s. Ring Credit and Financial Services Private Limited, for a sum of Rs. 50,000/- (Rupees Fifty Thousand) only, under the Loan Number : ILOS787155836778NKXQ, and presently the outstanding Loan Amount being sum of Rs. 36,920/- (Rupees Thirty Six Thousand Nine Hundred Twenty) only, has been shown by the Creditor. I had paid two number of EMI totalling as a sum of Rs. 18,460/- (Rupees Eighteen Thousand Four Hundred Sixty) only.

 

9.   That I availed a financial facility from Prefer Hero FinCorp, for a sum of Rs. 1,02,000/- (Rupees One Lakh and Two Thousand) only, under the Loan Number : 60808635, and presently the outstanding Loan Amount being sum of Rs. 1,36,648/- (Rupees One Lakh Thirty Six Thousand Six Hundred Forty Eight) only, has been shown by the Creditor. I had one number of EMI totalling as a sum of Rs. 4,712/- (Rupees Four Thousand Seven Hundred Twelve) only.

 

10.                That the total extent of the indebtedness is Rs. 8,96,576/- (Rupees Eight Lakhs Ninety Six Thousand and Five Hundred Seventy Six) only, details whereof together with the names and address of his Creditors so far as they are known or can, by the exercise of reasonable care and diligence, be ascertained by him given in the followings;

 

Sl. No.

Creditors with address

Loan Number

Total Outstanding

(Rs. P.)

01

Aditya Birla Finance Limited, having its Registered Office at Indian Rayon Compound,  Veraval, Gujarat, India – 362266, Email : ankur.shah@adityabirlacapital.com and also having Branch Office at 2nd Floor, Bangur BFL Estate, 31, Jawaharlal Nehru Rd, Park Street area, Kolkata, West Bengal 700016, Email : care.finance@adityabirlacapital.com

LXEK09023-243128773

1,01,726/-

02

Tata Capital Limited, having its Branch Office at Premises being 11th Floor, PS Srijan Tech Park, DN 52, Sector – V, Salt Lake, Kolkata – 700091, West Bengal, Email : customercare@tatacapital.com

TCFPL0540000012652644

1,98,696/-

03

M/s. Whizdm Innovations Private Limited (Money View), having its Registered Office at 3rd Floor, Survey No. 17, 1A, Outer Ring Road, Kadubeesanahalli, Bellandur, Bengaluru, Karntaka – 560087, Email : care@moneyview.in

138965683694

2,88,660/-

04

M/s. DMI Finance Private Limited, having its Registered Office at Premises being No. 9-10, 3rd Floor, Express Building, bhadurshah Zafar Marg. New Delhi – 110002, Email : customercare@dmifinance.in

DMI0043847536

1,33,926/-

05

M/s. Ring Credit and Financial Services Private Limited, Having its Registered Office at Premises being No.  5A/6 Floor GRD New Sion CHS Swami Vallabhdas Marg RD No 24 Sindhi colony Mumbai Mumbai City MH 400022, Email : care@paywithring.com

ILOS787155836778NKXQ

36,920/-

06

Prefer Hero FinCorp, having its Corporate Office at 09, Basant, Lok, Vasant Vihar, New Delhi – 110057, Tel. +91-11-49487150, and having Branch Office at Premises being No. 506, 1, Grand Trunk Rd, Fazir Bazar, Kadamtala, Bantra, Ichapur, Howrah, West Bengal 711101. Email : wecare@prefer.com

60808635

1,36,648/-

 

Total

 

8,96,576/-

 

Rupees Eight Lakhs Ninety Six Thousand Five Hundred Seventy Six Only.

 

11.                That the entire assets consist of cash being sum of Rs. 2,000/- (Rupees Two Thousand) only, with the balances in his Bank Accounts & Mutual Fund Investments being sum of Rs. 10,226.42 (Rupees Ten Thousand Two Hundred Twenty Six and paise forty two) only, and no property either movable or immovable is found favouring me. The Bank Accounts and the Mutual Fund investment details are as follows;

 

Sl. No.

Particulars’

Account Number’s

Balance

Rs. P.

01

Indian Overseas Bank, Branch (0135) Lansdown Market – Kolkata, 63/1-A, Sarat Bose Road, Lansdown Market, Kolkata – 700025.

013501000012836

1,004.81

02

State Bank of India, Bhowanipore Branch, IFS Code : SBIN0000040

00000020334931929

0.00

03

CDSL Demat Account

UPSTOX SECURITIES PRIVATE LIMITED

DP Id : 12081801 Client Id : 49262634

0.00

04

CDSL Demat Account

INDMONEY PRIVATE LIMITED

DP Id : 12095500 Client Id : 02723068

545.51

05

CDSL Demat Account

GROWW INVEST TECH PRIVATE LIMITED

DP Id: 12088701 Client Id: 05356317

150.08

06

CDSL Demat Account

ZERODHA BROKING LIMITED

DP Id: 12081600 Client Id : 31301606

3,777.50

07

CDSL Demat Account

NUVAMA WEALTH AND INVESTMENT LIMITED

DP Id: 12032300 Client Id: 01817991

4,687.47

08

CDSL Demat Account

ICICI BANK LIMITED

DP Id: IN303028 Client Id: 30766352

61.05

09

TOTAL

 

10,226.42

 

Rs. 10,226.42 (Rupees Ten Thousand Two Hundred Twenty Six and paise forty two) only.

 

12.                That I hereby declares my willingness to place at the disposal of this Learned Court all such property save insofar as it includes such property as is exempted by the Code of Civil Procedure, 1908, or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree.

 

13.                That I have not filed any application for adjudication as an insolvent in this or any other Court of Law.

 

14.                That I therefore prays for an order of adjudication as an insolvent.

 

15.                That unless orders as hereinafter prayed for are granted, I shall be put to extreme harassment, loss and injury.

 

The above statements are true to my knowledge & belief.

 

 

 

 

Signed, dated and verified at Alipore Judges’ Court, Kolkata, the ______day of September’ 2024.

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

Prepared in my Chamber,

 

 

 

Advocate

Date : _____day of September’ 2024;

Place : Alipore Judges’ Court, Kolkata

 

N O T A R Y

 

 

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