IN THE DEBTS RECOVERY
TRIBUNAL SILIGURI
PCM
Tower, 2nd Floor, 2 no.Mile, Sevoke Road, Siliguri - 734001.
I.A. no.
___________OF 2024
(Diary No.
___________of 2024)
in
SARFAESI APPLICATION
NO 26 OF 2022
{ Diary no. 256/2021
}
HASNA BEWA
--- ---- APPLICANT
– VERSUS –
PUNJAB NATIONAL BANK
----- ---- RESPONDENT
The
humble petition of the above named applicant, most respectfully;
Sheweth as under :
1.
That
the applicant has already filed an application being SA no. 26 of 2022 (Diary
No. 256 of 2021), challenging the action and conduct of the respondent bank in
respect of the Loan facility bearing Account No. 0700250032294. The said
application is pending before this Learned Tribunal for final adjudication.
2.
That
the present application to
take legible copy of Annexure – “A” & “G” at page number 24& 66, respectively,
in the SERFAESI application no. 26 of 2022, being Possession Notice dated
05-11-2021 (for immovable property) under Appendix IV (See rule 8(1) of the
Security Interest (Enforcement) Rules’ 2002, published in “Financial Express”
on 10-11-2021, in respect of the same property as envisaged in possession
notice concerned in SA no. 27 of 2022. which gives the particulars as for (i)
Demand Notice dated 02.07.2021, (ii) Possession Notice dated 05.11.2021, (iii) Rs. 69,27,691.87 (Rupees Sixty Nine Lakhs Twenty Seven Thousand Six
Hundred Ninety One and Eighty Seven paise only) interest charged upto
31.03.2021 as on 04.06.2021, and interest thereon.In one place
they have shown total outstanding as Rs. 69,27,691.87/- and in another place
the outstanding has been shown as Rs. 18,83,206.87/-.
3.
That
the copy attached therein in SA no. 26 of 2022, is not legible as the same was
not available at the time of placing the said application before the Hon’ble
DRT, Siliguri. However, subsequently, the applicant taken much endavour to find
the News Paper “Financial Express” dated 10-11-2021, and in such pursuance your
applicant find the E-paper given in Web portal of the said Financial Express,
which contained a total number of 24 pages, in which at page number 23, the
said possession notice dated 05-11-2021 (for immovable property) under Appendix
IV (See rule 8(1) of the Security Interest (Enforcement) Rules’ 2002, is
appearing. The same is legible and much readable.
Photostat copy of the E-paper
given in Web portal of the said Financial Express dated 10-11-2021, is annexed
herewith and marked as Annexure – “A”.
4.
That
the applicant hereby prays that the Hon’ble Tribunal may be pleased totake
legible copy of Annexure – “A” & “G” at page number 24 & 66,
respectively, in the SERFAESI application no. 26 of 2022, being Possession
Notice dated 05-11-2021 (for immovable property) under Appendix IV (See rule
8(1) of the Security Interest (Enforcement) Rules’ 2002, published in “Financial
Express” on 10-11-2021, in respect of the same property as envisaged in
possession notice concerned in SA no. 27 of 2022. which gives the particulars
as for (i) Demand Notice dated 02.07.2021, (ii) Possession Notice dated
05.11.2021, (iii) Rs. 69,27,691.87 (Rupees Sixty Nine Lakhs
Twenty Seven Thousand Six Hundred Ninety One and Eighty Seven paise only)
interest charged upto 31.03.2021 as on 04.06.2021, and interest thereon.In one place
they have shown total outstanding as Rs. 69,27,691.87/- and in another place
the outstanding has been shown as Rs. 18,83,206.87/-.
5.
That
unless the order/orders prayed by the applicant is passed by the Ld. Tribunal
the applicant herein will highly prejudice and suffer with irreparable loss and
injury, thereof.
6.
That
this interim application is made bona fide and for the end of justice.
It is
therefore, most respectfully prayed as follows:-
a. To take legible copy of Annexure – “A”
& “G” at page number 24 & 66, respectively, in the SERFAESI application
no. 26 of 2022, being Possession Notice dated 05-11-2021 (for immovable
property) under Appendix IV (See rule 8(1) of the Security Interest
(Enforcement) Rules’ 2002, published in “Financial Express” on 10-11-2021,
which gives the particulars as for (i) Demand Notice dated 02.07.2021, (ii)
Possession Notice dated 05.11.2021, (iii) Rs.
69,27,691.87 (Rupees Sixty Nine Lakhs Twenty Seven Thousand Six Hundred Ninety
One and Eighty Seven paise only) interest charged upto 31.03.2021 as on
04.06.2021, and interest thereon;
b.
Such
or other order may kindly also be passed as deemed fit and proper in the fact
and circumstances of this case.
And
for this act of kindness your petitioner as in duty bound shall ever pray.
AFFIDAVIT
I,
HasnaBewa,
Wife of Late JanaruddinSeikh, aged about 51 years, by faith Muslim, by
Occupation Business, residing at premises being Village – Ustia, Post Office –
Muktinagar, Police Station – Berahampore, District – Murshidabad, Pin – 742102,
West Bengal,
do here by solemnly affirm and declare as follows:-
1.
That
I am the Applicant in the above case and I am well acquainted with the facts of
the suit and I am competent to swear this Affidavit for and on behalf of the
Applicant.
2.
That
the statements made above in paragraphs are true to my knowledge as derived
from the records.
That
the rest are my humble submissions to the Hon’ble Debt Recovery Tribunal and I
sign this Affidavit on the _________March’ 2024.
Signature
Identified
by me
Advocate
Prepared
in my Chamber,
Advocate.
Dated
: _____March’ 2024.
Place
: Kolkata.
N O T A R Y
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