IN THE DEBTS RECOVERY TRIBUNAL, GUWAHATI
I.A NO. of
2017
Arising
out of
Original
Application No. 133 of 2015
B E T W E E N
IDBI BANK LIMITED
…………..Applicant
-VERSUS-
M/s.
Ghosh Brothers Construction represented by Sri Pratul Kumar Ghosh
…………….Defendants.
The humble petition on behalf of the
defendant 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 defendant hereinafter referred to
as these defendant 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
upon perusal of the documents as well as the original application it appeared
that the set of annexure does not contain the loan documents in full. It is
further stated that the documents which are still required by the defendants
are listed herein below:
i. The copy of the Original First Request
Letter of the applicants.
ii. Subsequent letters of request for
enhancement and other correspondences exchanged between the bank and the
applicants.
iii. The Copies of appraisal reports of the
bank.
iv. It was one of the conditions that the
account will be reviewed every year. But the report of the said reviews carried
out by the bank is not filed.
v. Value of BPLR from time to time.
vi. Mode of fixation of BPLR.
vii. Copies of all security agreements executed
by the applicants.
viii. Certified copy of the alleged undertaking (s)
by the applicants given in favour of the bank.
ix. Copies of alleged balance confirmation and
revival letters alleged to be executed by the applicants.
x. The alleged amount of default under the
principle debt and the interest thereon.
xi. Copy of resolution passed by the Board of
Directors of the bank specifying the Chief Manager or anybody above him as
authorized officer of the bank for the purpose of the proceeding under section
13 of the Act of 2002.
xii. Letter of appointment of the signatory of
the alleged notice under section 13(2) of the Act as authorized officer.
xiii. Procedure of the bank to classify the asset
as a ‘Non Performing Asset’ as required under section 13(2) of the Act of 2002.
xiv. Details of the alleged securities, primary
and secondary created by the bank along with the certificates of Charge
Creation/ Charge Modification/ Charge Verification/ Charge satisfaction from
the Registrar of Companies.
xv. Certified copies of Legal Scrutiny report
from the approved lawyer and the valuation certificate from the approved valuer
for the alleged movable and immovable properties taken by the bank on whom the
bank has created security interests.
5. That the aforesaid documents, in the most
humble and respectful submission of these defendants, are very much necessary
and relevant for the purpose of proper and effective adjudication of the
instant case and until and unless the said documents are produced before this
Learned Tribunal with a copy of the same being provided to these defendants,
there cannot be proper and effective adjudication of the instant case before
this Learned Tribunal. Moreover the defendants shall not be in a position to
state their complete defense in the instant case until and unless the copies of
the aforesaid documents are supplied to these defendants.
6. That the aforesaid documents the list of
which has been given herein above are lying in the power and possession of the
applicant bank and the defendants in order to make out their complete defense
needs to see and go through those documents and hence it is necessary that the
defendants be supplied a copy of the aforesaid documents by the applicants.
7. That these defendants have been demanding
some of the documents as aforesaid while making communications with the Bank
which will appear from the documents annexed with the written statement filed
by these defendants.
8. That it is a settled principles of Natural
Justice that the parties to a proceeding should be given a reasonable
opportunity to defend his case but these defendants herein will not be in a
position to place and/or prove their case if the aforesaid documents are not
directed to be produced by the defendants with a copy of the same being
furnished to these defendants.
9. That unless the applicant is directed to
produce the aforesaid documents with a copy of the same being supplied to these
defendants, these defendants shall be seriously prejudiced and will suffer
irreparable loss and injury.
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 produce the originals
of the aforesaid documents before this Learned Tribunal with a copy of the same
being provided to these defendants so that the instant application can be
adjudicated properly and effectively and to grant leave to these defendants to
file additional written statement, if any, after receipt of the said documents
from the applicants 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 Pratul Kumar Ghosh, Son of Shri
Pranab Kumar Ghosh, being the Sole proprietor of M/s. Ghosh Brothers
Construction, having it’s office at Near Cube Shopping Complex, G.S. Road,
Guwahati - 781005, Assam, do hereby solemnly affirm and say as follows:
1.
That
I am the defendant 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 Pratul 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 2017 at Guwahati.
Prepared
in my office,
Deponent.
Advocate.
Identified
by me,
Advocate.
Place: Guwahati
Date: , 2017.
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