IN THE COURT OF THE LEARNED DISTRICT JUDGE AT
ALIPORE, SOUTH 24 PARGANAS
Insolvency
Case No. Of 2024
In
the matter of;
Subhajit
Shome, Son of Sri Subir Kumar Shome, aged about 43 years, residing at Premises
being No. 9A, Mahendra Road, Bhawanipore, Kolkata – 700025, Mobile Number :
9903880799, Email : subhajitshome28@gmail.com
........... Petitioner / Debtor
-Vs-
1.
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
2.
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
3.
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
4.
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
5.
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
6.
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
..... Respondents / Creditors
Application under section 10 of The
Provincial Insolvency Act, 1920;
The
humble petition of the Debtor / Petitioner Subhajit Shome,
Most
respectfully Sheweth as under ;
1.
That the petitioner
is a Law abiding citizen of India and residing at the address given in the
cause title of this application under Section 10 of the Provincial Insolvency
Act, 1920.
2.
That the Petitioner
is unable to pay his debts, due to continuous medical treatment and sufferings.
The Petitioner is presently unemployed and not able to find any earning
resources, so far. The Petitioner is not even able to maintain himself,
therefore dependent on vicinity people for his day to day life.
3.
That the ordinary
residency of the Petitioner is the address as given in the cause title of this
application. The Petitioner is not the Owner of the said address given in the
cause title of this application. The Petitioner is staying at the said address
being permissive possession to abode for the time being by his Old aged Father.
The said possession or premises of the Petitioner will not inherit as the same
has been assigned to the Sister of the Petitioner by his Father. Thus the
Petitioner do not have any possession constructive in his favour.
4.
That the petitioner has
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. The Petitioner has paid two number of EMI
totalling as a sum of Rs. 12,438/- (Rupees Twelve Thousand and Four Hundred
Thirty Eight) only.
5.
That the petitioner
has 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.
The Petitioner has 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 the
Petitioner 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 the Petitioner 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 the petitioner as a sum of Rs. 62,000/-
(Rupees Sixty Two thousand) only, to the Creditor.
6.
That the petitioner
has 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. The Petitioner has paid two number
of EMI totalling as a sum of Rs. 16,980/- (Rupees Sixteen Thousand Nine Hundred
Eighty) only.
7.
That the petitioner
has 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. The Petitioner has paid two number of EMI
totalling as a sum of Rs. 7,878/- (Rupees Seven Thousand Eight Hundred Seventy
Eight) only.
8.
That the petitioner
has 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. The Petitioner has paid two number of EMI
totalling as a sum of Rs. 18,460/- (Rupees Eighteen Thousand Four Hundred
Sixty) only.
9.
That the petitioner
has 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. The Petitioner has paid 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 of your petitioner 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 of your petitioner 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 your petitioner. 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 your petitioner
hereby declares his 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 the Petitioner
has not filed any application for adjudication as an insolvent in this or any
other Court of Law.
14.
That the Petitioner
therefore prays for an order of adjudication as an insolvent.
15.
That unless orders as
hereinafter prayed for are granted, the petitioner shall be put to extreme
harassment, loss and injury.
It is therefore prayed that your
Honour would be graciously pleased to adjudicate the Petitioner /Debtor as an Insolvent
and passed any other or further order or orders as your Honour may deem, fit,
and proper, for the end of Justice.
And
for this act of kindness, the petitioner, as in duty bound, shall ever pray.
VERIFICATION
I,
Subhajit Shome, the Petitioner named in the above application, do hereby at
Alipore Judges’ Court, Kolkata, verify that the contents of paragraph number 1
to 12 of the above application are true to my knowledge and that the contents
of the rests paragraph of the same application are believed by me to be
correct.
Signed,
dated and verified at Alipore Judges’ Court, Kolkata, the ______day of
September’ 2024.
Document’s Relied on by the Petitioner
/ Debtor;
1.
Aditya Birla Finance
Limited, LXEK09023-243128773;
2.
Tata Capital Limited,
TCFPL0540000012652644;
3.
M/s. Whizdm
Innovations Private Limited (Money View), 138965683694;
4.
M/s. DMI Finance
Private Limited, DMI0043847536;
5.
M/s. Ring Credit and
Financial Services Private Limited, ILOS787155836778NKXQ;
6.
Prefer Hero FinCorp,
60808635;
7.
Indian Overseas Bank,
013501000012836;
8.
State Bank of India,
00000020334931929;
9.
UPSTOX SECURITIES
PRIVATE LIMITED, DP Id : 12081801 Client Id : 49262634;
10.
INDMONEY PRIVATE
LIMITED, DP Id : 12095500 Client Id : 02723068;
11.
GROWW INVEST TECH
PRIVATE LIMITED, DP Id: 12088701 Client Id: 05356317;
12.
ZERODHA BROKING
LIMITED, DP Id: 12081600 Client Id : 31301606;
13.
NUVAMA WEALTH AND
INVESTMENT LIMITED, DP Id: 12032300 Client Id: 01817991;
14.
ICICI BANK LIMITED,
DP Id: IN303028 Client Id: 30766352;
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 the content of
paragraph no. 1 to 10, are true to my knowledge and belief and the rests are my
humble submissions before the Learned Court.
That
the above statements are true to my knowledge and belief.
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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