IN THE DEBTS RECOVERY TRIBUNAL, GUWAHATI
I.A NO. of
2016
Arising
out of
Interlocutory
Application No. 266 of 2016
Arising
out of
Original
Application No. 267 of 2015
B E T W E E N
HDFC Bank Limited
…………..Applicant
-VERSUS-
M/s.
Ghosh Brothers Automobiles and Ors.
…………….Defendants.
The humble petition on behalf of the
defendants nos. 1, M/s. Ghosh Brothers Automobiles above named most respectfully
–
S H W E T H:
1. That the instant application under section
19 of the Recovery of Debt Due to Bank and Financial Institutions Act 1993 has
been filed before this Learned Tribunal interalia
praying for the reliefs mentioned in the prayer portion of the instant
application.
2. That the defendants nos. 1, hereinafter
referred to as these defendants have entered appearance in the instant case and
prepare themselves to file their written statement in the instant case based on
the allegations made in the original application and also the documents filed
by the Bank in support of their case as made out in the original application.
3. That
in the present Suit proceeding, the Hon’ble Tribunal given the Opportunity for
filling Written Objection against the present I.A. no. 266 of 2016, being an
application filed by the Applicant Bank, vide Order dated 17-11-2016, and
whereas it is pertinent to mention that the the Defendant no.1, is not in
receipt of any copy of the said application which has been registered as I.A.
no. 266 of 2016, before the Hon’ble Tribunal, and therefore could not able to
made his written objection against the said application of the applicant Bank,
and reasonably seeks to get a copy of the said application with a reasonable
period of time to place his written objection in accordance with the prescribed
Law for the time being in force.
9. That unless the applicant is directed to serve
a copy of the said I.A. being no. 266 of 2016, application to this defendant, this
defendant with an opportunity to file written objection against the said
application of the applicant’s Bank, shall be seriously prejudiced and will
suffer irreparable loss and injury, and more particularly the interest of
administration of justice will seriously affected thereof.
10. That this petition is made bonafide and for
the ends of justice.
In the above facts and circumstances
it is most humbly prayed that this Learned Tribunal would most graciously be
pleased to pass an order directing the applicant Bank to serve a copy of
original application being I.A. no. 266 of 2016, to this defendant no.1, in the
present suit proceeding, with an opportunity to file his written objection
thereon, so that the instant application can be adjudicated properly and
effectively and/or to pass such other or further order or orders as this
Learned Tribunal may deem fit and proper.
And for this act of
kindness the applicants as in duty bound shall ever pray.
AFFIDAVIT
I, Shri Pranab Kumar Ghosh, Son of
Pradyut Kumar Ghosh, being the Director of Ghosh Brothers Automobiles, having
it’s office at Christian Basti, near Cube Shopping Complex, G.S. Road, Guwahati
- 781006, Assam, do hereby solemnly affirm and say as follows:
1. That I am the defendant no.1 in the instant
original application and as such I am well acquainted with the facts and
circumstances of the instant case.
2. That the statements contained in paragraphs
no. 1 to 4, of the foregoing
petition are true to my knowledge and those contained in paragraphs 5 to 9, are
my humble submission before this Learned Tribunal.
Prepared
in my office,
Deponent.
Advocate.
Identified
by me,
Advocate.
Verification
I,
Shri Pranab Kumar Ghosh, the deponent above named do hereby verify that
contents of my above affidavit are true and correct to my knowledge and no part
of it is false and nothing material is concealed therein. Verified this day of 2016 at Guwahati.
Prepared
in my office,
Deponent.
Advocate.
Identified
by me,
Advocate.
Place: Guwahati
Date: , 2016.
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