IN
THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
PAPER
BOOK
ASHOK KUMAR SINGH
ADVOCATE
HIGH COURT BAR
ASSOCIATION ROOM NO. 15.
HIGH
COURT AT
F O R M
[ See Rule 4 ]
Application
under Section 19 of the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993.
For
Use of Tribunal’s Office.
Date
of filing :
Date
of Receipt by Post :
Or
Registration
No. :
O.A. No. of 2012.
AXIS BANK LIMITED
___________APPLICANT.
-
VERSUS
–
KANAI LAL DAS & OTHERS
____________DEFENDANTS.
..…………………...
R E G I S T R A R
IN
THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
I
N D E X
Sl. DESCRIPTION PAGES
No.
1.
Application for Recovery
2.
Particulars of Payment
3.
List of Documents to be relied upon.
4.
Index of documents along with copies.
5.
vakalatnama
IN
THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
DETAILS OF APPLICATION :
1. PARTICULKARS OF
APPLICANT :
i) Name of the
Applicant : AXIS BANK LIMITED.
ii)
Address of Registered Office : Registered Office and Central Office at
“Trishul” 3rd Floor, Opposite amartheshwar Temple, Law Garden, Ellis
Bridge, Ahmedabad – 380 006, Gujarat and 131, Maker Towers F, Cuffe Parade,
Colaba, Mumbai – 400 005, respectively, and one of the regional office at
“India House”, 2nd Floor, 69, Ganesh Chandra Avenue, P.S. Bowbazar,
Kolkata – 700 013, and also at Lords Building, 1st Floor, having
premises being no. 7/1, Lord Sinha Road, Kolkata – 700 071.
iii)
Address for Services
of
all Notices : AXIS BANK LIMITED, having regional office
at “India House”, 2nd Floor, 69, Ganesh Chandra Avenue, P.S.
Bowbazar, Kolkata – 700 013, and also at Lords Building, 1st Floor,
having premises being no. 7/1, Lord Sinha Road, Kolkata – 700 071.
2.
PARTICULARS OF DEFENDANTS :
i)
Name of the Defendants : 1. Kanai Lal Das.
2.
Smt. Jamuna Das,
3.
Manoranjan Mondal.
.
ii)
Addresses of the Defendants : 1. 34,
Also
at
AF-243, Talbagan, Krishnapore, Kolkata - - 700 101,
District - North 24-Parganas.
And working
at
Das Contractors, premises no. 1,
2. 34,
And
also at :
AF-243, Talbagan, Krishnapore, Kolkata - - 700 101,
District - North 24-Parganas.
3. Manoranjan Mondal of Village - Chakgara
Dakshinpara, P.O. - Joka,
iii) Address for Services of all notices
to the
Defendants : 1. 34,
Also
at
AF-243, Talbagan, Krishnapore, Kolkata - - 700 101,
District - North 24-Parganas.
And working
at
Das Contractors, premises no. 1,
2. 34,
And
also at :
AF-243, Talbagan, Krishnapore, Kolkata - - 700 101,
District - North 24-Parganas.
3. Manoranjan Mondal of Village - Chakgara
Dakshinpara, P.O. - Joka,
3.
JURISDICTION : The applicant declares that the subject
matter of the Application being recovery of debt for more than Rs. 10 lakhs.
The Cause of action as described herein below has arisen within the branch
premises of the applicant Bank at Lords Building, 1st
Floor, having premises being no. 7/1, Lord Sinha Road, Kolkata – 700 071,
Police Station Shakespeare Sarani, and also at “India House”, 2nd Floor,
69, Ganesh Chandra Avenue, P.S. Bowbazar, Kolkata – 700 013, within the territorial jurisdiction of this Hon’ble
Tribunal. This Hon’ble Tribunal has exclusive jurisdiction
to receive, try and entertain the instant application.
4. LIMITATION : The
applicant further declares that the instant application is being filed under
RDDBFI Act, 1993, for recovery of dues of the Applicant within three years from
the date of last communication dated 7th day of January’ 2012,
mentioned in annexure hereto. and the Defendant no.1, availed the said Loan but
did not pay the dues of the applicant and thereafter again on the date when the
defendant no.1, communicated to the applicant and acknowledge his dues and / or
outstanding amount, and the said cause of action continues in terms of the Loan
Agreement and the cause of action again arose on 7th day of January’
2012, when the applicant demanded the money by sending Demand Notice / Loan
Recall Notice through it’s Learned Advocate Sri Ashok Kumar Singh, to the defendant
no.1, with a copy to the Defendant no. 2, & 3, and therefore continuing day
to day, within the territorial jurisdiction of this
Hon’ble Tribunal. The instant application is well within the time as prescribed
in the Act’ 1993.
5.
FACTS OF THE CASE :
1)
That the applicant is a company incorporated under the Companies Act, 1956, and
a Banking Company within the meaning of the Banking Regulation Act, 1949,
having Registered Office and Central Office at “Trishul” 3rd Floor,
Opposite Samartheshwar Temple, Law Garden, Ellis Bridge, Ahmedabad – 380 006,
Gujarat and 131, Maker Towers F, Cuffe Parade, Colaba, Mumbai – 400 005,
respectively, and one of the regional office at “India House”, 2nd
Floor, 69, Ganesh Chandra Avenue, P.S. Bowbazar, Kolkata – 700 013, formerly
known as UTI Bank Limited, a Banking Company incorporated under the Companies
Act, 1956, and carrying on the Banking Business under the Banking Regulation
Act, 1949, and having Registered office at Ground Floor, Sakar-1, Off Ashram
Road, Ahmedabad – 380009, and Branch office at Kolkata.
2)
That on 9th June’ 2004, the defendants approached and or applied to
the Applicant for Housing Loan facilities for a sum of Rs. 18,00,000/- ( Rupees
Eighteen Lakhs ) only, for purchase of a Flat measuring about 1140 Sq. ft. comprising 2 bed rooms, 1 kitchen, 1
livingcum dinning, 2 toilets at 3rd Floor, together with undivided
proportionate share in the Land admeasuring about 2 Cottahas 8 Chhitacks, more
or less in Dag no. 3535, R.S. Khatian no. 554, R.S. J.L. no. 180, J.L. no. 17,
Touzi no. 1228 / 229, Holding no. 18/1106, within Mouza - Krishnapore of
Premises being no. AF-243, Talbagan, Krishnapore, Kolkata - - 700 101, District
- North 24-Parganas, Rajarhat - Gopalpur Municipality, Police Station – Rajarhat,
and common areas and common facilities.
3) That on such request and application and on
approach of the defendant no.1, the Applicant sanctioned and or allowed a
Housing Loan being Housing Loan Account No. 005010600038906,
for a sum of . 9,75,000/- ( Rupees Nine Lakhs and
Seventy Five Thousand ) only, to the defendant no.1, and on his request and as
per Agreement for Sale dated 4th
day of June’ 2004, made between the defendant no.1, and Bhabesh Chandra Saha,
Son of Late Radhika Mohan Saha, residing at AF-243, Rabindra Pally, Talbagan,
Krishnapore, P.S. Rajarhat, Kolkata - 700 101, District - North 24-Parganas,
being Owner / Vendor, and Nani Gopal
Chakraborty, Son of Late Suresh Chandra Chakraborty, being the Developer /
Promoter, the applicant paid the said sum of Rs. 9,75,000/- ( Rupees Nine Lakhs
and Seventy Five Thousand ) only, to the said Developer / Promoter of the flat
to be purchased by the defendant no.1.
4) That the Loan being Housing
Loan Account No. 005010600038906, was payable by the defendants to the Applicant in 168 equated monthly
installments of Rs. 9,038/- ( Rupees Nine Thousand and thirty eight ) only,
with interest @ 7.50 % per annum floating compounded with monthly rests along
with costs, expenses and charges as applicable and also overdue interest on
default of any or all the said installments, which the defendants agreed to
pay.
5) That in consideration of the sanction as
aforesaid the defendants executed and delivered the required banking loan
documents on 9th day of June’ 2004, in favour of the Applicant
along-with one Co-applicant Smt. Jamuna Das, wife of the borrower, and
Manoranjan Mondal of Village - Chakgara Dakshinpara, P.O. - Joka, Howrah –
711226, and undertake to pay the said installments amount in Loan Account every
month, continuously for the agreed period.
6) That upon such undertaking and said Co-applicant
/ borrower, the Applicant sanctioned the said Loan facility to the defendant
no.1, and the defendants availed the said Loan amount under Housing
Loan Account No. 005010600038906, but have defaulted in making payment of the installments resulting in
the aforesaid outstanding dues as Rs. 19,51, 181.00 (
Rupees Nineteen Lakhs and fifty one thousand and one hundred eighty one ) only.
7) That in-spite of repeated requests and reminders
the defendants have failed and neglected to regularize the Loan Account and or
repay the outstanding dues. As a result thereof after giving due credit to all
payments and adjustments made in the Loan Account there is now due and owing by
the defendants to the applicant a sum of Rs. 19,51, 181.00 (
Rupees Nineteen Lakhs and fifty one thousand and one hundred eighty one ) only,
being total outstanding inclusive of interest as on
30th day of November’ 2011, under the aforesaid Loan facility in Housing
Loan Account No. 005010600038906.
8) That the said Loan facility was also agreed to
be secured by creation of equitable mortage by deposit of the Title Deeds in
respect of the Flat morefully mentioned in the Schedule hereinafter, to be
purchased by the Defendant no.1, from Nani Gopal Chakraborty, Son of Late
Suresh Chandra Chakraborty, being the Developer / Promoter,, and Bhabesh
Chandra Saha, Son of Late Radhika Mohan Saha, residing at AF-243, Rabindra
Pally, Talbagan, Krishnapore, P.S. Rajarhat, Kolkata - 700 101, District -
North 24-Parganas, being Owner / Vendor.
9) That the defendants also failed to deposit the
register sale deed with the applicant as per Loan Agreement. The applicant
requested the Defendants on several occasion for depositing the registered sale
deed but the defendants have failed to
do so.
10) That the defendant no. 1, failed and neglected
to in adhering to the terms and conditions of the sanctioned of the Housing
Loan granted by the applicant and as per norms of the applicant classified the
Loan Account as NPA ( Non Performing Assets ), on and after deliberate default
in making repayments of Loan installments by the defendant no.1, herein.
11) That ultimately the applicant vide a notice
dated 7th day of January’ 2012, issued through it’s Learned
Advocate, Sri Ashok Kumar Singh, called upon the defendants and each of them to
pay to the applicant the entire outstanding amount with all interest, costs,
and charges. In-spite of the said notice the defendants and each of them have
failed and neglected to make any payment to the applicant.
12) That in the circumstances the defendants have
made themselves liable to pay the entire sums together with interest and other
expenses to the applicant under the said Housing Loan account.
13) That the Applicant states that in view of the
Loan being recalled and / or classified as Non Performing Asset thereof and
demanded repayment of the outstanding dues. In spite of demands made, the
Defendants choose not to pay the lawful dues of the Applicant Bank.
14) That after taking into account all sums paid to
or to the order of the defendant no.1, and all sums received from and on behalf
of the defendant no.1, and after appropriating all the items of credit to the
items of debit in order of time a sum of Rs. 19,51, 181.00 (
Rupees Nineteen Lakhs and fifty one thousand and one hundred eighty one ) only, being total outstanding inclusive of interest as
on 30th day of November’ 2011, is due and payable by the defendant
no.1, to the applicant in respect of the said Home Loan Account of the
defendant no.1.
15) That the defendant no.1, as a principal
borrower is liable to pay the said sum to the applicant together with further
interest thereon as per agreement compounded with monthly rests on and from 1st
day of December’ 2011, and other costs, and expenses, till the realization of
the claim amount.
16)
The defendants and each of them are liable to the applicant for the said sum of
Rs. 19,51, 181.00 ( Rupees Nineteen Lakhs and fifty one thousand and one hundred
eighty one ) only, being total
outstanding inclusive of interest as on 30th day of November’ 2011,
under the aforesaid Loan facility.
17) The applicant is entitled to and prays for a
certificate for a sum of Rs. 19,51, 181.00 ( Rupees Nineteen
Lakhs and fifty one thousand and one hundred eighty one ) only, against the Defendants and each of them. The
applicant is also entitled to and prays for interim interest and interest on
judgment @ 7.50% per annum floating rate, compounded with monthly rests on and
from 1st
December’ 2011, till the date of realization.
18)
The Applicant is entitled to and prays for interim interest and further
interest @ 7.50% per annum
floating rate, compounded with monthly rests on and from 1st
December’ 2011, till the date of realization.
THE
APPLICANT THEREFORE PRAYS FOR :
a)
A Certificate for recovery of a sum of
Rs. 19,51, 181.00 ( Rupees Nineteen Lakhs and fifty one thousand and one
hundred eighty one ) only, against the defendants jointly and severally;
b) Interim
interest and further interest @
7.50% per annum floating rate, compounded with monthly rests on and from 1st
December’ 2011, till the date of realization;
c)
Certificate as to sale of the Schedule
properties with a liberty to adjust the same in protanto satisfaction of the
applicant Bank;
d) Direct
the defendants to furnish security for a sum of Rs. 19,51, 181.00 ( Rupees
Nineteen Lakhs and fifty one thousand and one hundred eighty one ) only;
e)
Receiver;
f)
Costs of this application including
Advocate and Application fees be awarded to the applicant Bank;
g)
Any further or other relief and / or
reliefs that this Hon’ble Tribunal may deem fit and proper in the facts of the
Case.
6.
GROUNDS FOR RELIEFS SOUGHT :
The Defendants have availed of the
housing Loan facilities under various terms and conditions of the Agreements
executed by defendants and those are annexed hereto with the application and
have committed a breach thereof by interalia failing to adjust and / or repay
the said Loan. Since the defendants have
failed and neglected to pay the Legal Debts and Dues to the Applicant and also
register the property to be secured, the applicant is therefore entitled to
recover the said sums of money from the defendants under the Indian Contract
Act’ 1872, and under the various laws of India.
7. INTERIM
RELIEFS :
a)
Direct the Defendants and each of them
to file by way of an affidavit the particulrs of their personal properties and
or their assets before this Hon’ble Tribunal;
b) Direct
the defendants and each of them to furnish security for a sum of Rs. 19,51,
181.00 ( Rupees Nineteen Lakhs and fifty one thousand and one hundred eighty
one ) only, failing which the personal properties of the Defendants be directed
to be attached by the Learned Special Officer to the Credit of the instant
proceedings;
c)
An order of Attachment of the property
mentioned in Schedule at annexure “A”;
d) Injunction
and or Restrain the Defendants and each of them or their agents, servants,
legal heirs, representatives and assigns from alienating, disposing, dealing
with the property / ies, more fully mentioned in the Schedule at annexure “A”
hereto;
e)
Appoint a Special Officer / Receiver
over the property / ies, mentioned in Schedule at annexure “A” hereto;
f)
Direct the Learned Special Officer to
take possession of the property / ies more fully mentioned in the Schedule at
annexure “A” and file report before this Hon’ble Tribunal;
g)
Direct the Learned Special Officer to
take necessary steps for putting to sale the properties more fully mentioned in
the schedule at annexure “A” hereto upon valuation subject to approval of this
Hon’ble Tribunal;
h) Any
other relief that this Hon’ble Tribunal may deem, fit, and proper in the facts
of this case.
GROUNDS
FOR INTERIM RELIEF :
The Defendants and each of them have failed and
neglected to repay the dues of the applicant and have evinced and intention to
avoid the same. In the facts of the case the personal properties of the
defendants are likely to be alienated and or otherwise dealt with by the
defendants to the prejudice of the applicant. Hence the applicant is entitled
to a prayer of attachment of the personal property / ies of the defendants to
the credit of this instant proceedings in order to prevent frustration and or
defeating the purpose of the instant proceedings for recovery of the lawful
outstanding dues of the applicant.
8. MATTERS NOT PENDING IN ANY COURT :
The Applicant further declare that to the best of
it’s knowledge the matter regarding which this application has been made is not
pending before any Court of Law or other authority and or Tribunal.
9. PARTICULARS OF BANK / POSTAL ORDER
IN RESPECT OF THE APPLICATION FEES :
(1) Name of the Bank :
(2) Pay Order No. :
(3) Date :
(4) Amount :
10. DETAILS OF INDEX :
An index in duplicate containing the details of the
documents to be relied upon is enclosed.
11. LIST OF
ENCLOSURES : See Index of Documents enclosed.
Verification
I, Sri
Saptarshi Sen Gupta, Son of Late Debaprasad Sen Gupta, working for gain at AXIS
Bank Limited, having regional
office at “India House”, 2nd Floor, 69, Ganesh Chandra Avenue, P.S.
Bowbazar, Kolkata – 700 013, do hereby solemnly
declare and verify that the statements made hereinabove ______to _______, are
true to my knowledge and rests are my humble submission before the Hon’ble
Tribunal, and I sign this Verification on this ________the day of
__________2012.
(
Saptarshi Sen Gupta )
Signature
of the Applicant.
Place :
Kolkata.
Dated :
___________2012.
To,
The Registrar,
Kolkata Debts
Recovery Tribunal – I,
Kolkata.
APPLICANT’S
ADVOCATE.
Ashok Kumar
Singh.
Advocate.
High Court Bar
Association Room No. 15.
High Court at
IN
THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
DOCUMENTS TO BE
RELIED UPON BY THE APPLICANT
1. Home
Loan Agreement.
2. Demand
Promissory Note.
3. Affidavit of borrower and co-borrower.
4. Agreement for
5. Loan Sanctioned Letter.
6. Letter of Indemnity.
7. Application of Loan by Borrowers.
8. Other relevant documents and papers of the Loan.
9. Demand Notice dated 7th day of January’
2012.
10.
Postal
Receipts and others.
IN
THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
LIST OF DOCUMENTS
|
Annexure |
Date |
Particulars |
Page nos. |
|
A |
|
Schedule of
mortgaged Property |
|
|
B |
|
Schedule of the
Claim |
|
|
C |
09-06-2004 |
Loan Application |
|
|
D |
09-06-2004 |
Home
Loan Agreement |
|
|
E |
09-06-2004 |
Demand Promissory
Note |
|
|
F |
09-06-2004 |
Affidavit of borrower and co-borrower |
|
|
G |
04-06-2004 |
Agreement for |
|
|
H |
07-01-2012 |
Demand Notice |
|
|
I |
|
|
|
|
J |
|
|
|
ANNEXURE – A.
SCHEDULE OF
PROPERTIES
IMMOVABLE PROPERTY
ALL THAT piece and parcel of a Flat measuring about
1140 Sq. ft. comprising 2 bed rooms, 1 kitchen, 1 livingcum dinning, 2 toilets
at 3rd Floor, together with undivided proportionate share in the Land
admeasuring about 2 Cottahas 8 Chhitacks, more or less in Dag no. 3535, R.S.
Khatian no. 554, R.S. J.L. no. 180, J.L. no. 17, Touzi no. 1228 / 229, Holding
no. 18/1106, within Mouza - Krishnapore of Premises being no. AF-243, Talbagan,
Krishnapore, Kolkata - - 700 101, District - North 24-Parganas, Rajarhat -
Gopalpur Municipality, Police Station – Rajarhat, and common areas and common
facilities.
ANNEXURE
– B.
SCHEDULE
OF THE CLAIM
Sum of Rs. 19,51, 181.00 (
Rupees Nineteen Lakhs and fifty one thousand and one hundred eighty one ) only,
being total outstanding inclusive of interest as on
30th day of November’ 2011, under the aforesaid Loan facility vide Housing
Loan Account No. 005010600038906, with further interest
thereon as per agreement compounded with monthly rests on and from 1st
December’ 2011, over the aforesaid outstanding dues is also payable till the
date of realization and / or liquidation of the outstanding loan amount.
IN THE KOLKATA DEBTS RECOVERY TRIBUNAL NO. I
O.
A. NO. OF 2012.
AXIS
BANK LIMITED
___________APPLICANT.
-
VERSUS –
KANAI
LAL DAS & OTHERS
____________DEFENDANTS.
PAPER BOOK
ASHOK
KUMAR SINGH
ADVOCATE
HIGH
COURT BAR ASSOCIATION ROOM NO. 15.
HIGH
COURT AT
aksingh872.blogspot.com
ReplyDelete