objection petition by the defendant in DRT

 

Before the Hon’ble Presiding Officer, Debt Recovery Tribunal, Guwahati, at 1st Floor, Apsara Building, Dr.B.Baruvah Road, Opp.Nehru Stadium, Ulubari, Guwahati, Assam 781007.

 

                                                Misc. Application no.               of 2016

                                                { arising out of O.A. no. 188 of 2014 }

 

                                                          In the matter of :

 

Bank of Baroda, a body corporate constituted under the Banking Companies ( Acquisition and Transfer of Undertaking ) Act 1970, having its registered Office at Mandvi, Baroda and carrying on Banking business at various places including one in particular at Fancy Bazar, Assam, known as the Guwahati Main Branch.

                                                                    ________APPLICANT

 

-      Versus –

 

1.   M/s. Ghosh Brothers Steels Pvt. Limited, C/o. Ghosh Brothers Electronics Pvt. Limited, Near Cube Shopping Mall, G.S. Road, Guwahati – 05.

 

2.   Pranab Kumar Ghosh, Son of Pradyut Kumar Ghosh, residing at Sony Apartment, 2^nd Building, 4^th Floor, Borthakur Mall Road, Ulubari, Guwahati – 781007.

 

3.   Gita Rani Ghosh, Wife of Shri Pranab Kumar Ghosh,residing at Sony Apartment, 2^nd Building, 4^th Floor, Borthakur Mall Road, Ulubari, Guwahati – 781007.

_______DEFENDANTS

 

 

Objection petition by the Defendants, against the petition under Section 19(12) and 19(13), of the Recovery of Debts due to Bank and Financial Institutions Act, 1993

 

The humble petition of objection of the Defendants above named, most respectfully;

 

Sheweth as under :

 

1. That the petition under objection is not maintainable in law.

 

2. That the petition under objection is bad in form as well as in law.

 

3. That save and except those are matters of record all other statements made in the petition under objection are not correct and as such hereby denied and the petitioner is put to strict proof thereof.

4.   That the Defendants herein reiterate the contents of the written Statements, as submitted earlier in the present proceeding before the Hon’ble Tribunal.

 

5.   That the facts contained in Written Statements, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this objection petition.

 

6.   That the statements made in Paragraphs 1, and 2, of the application under objection are matter of record, and therefore the defendants do not put any comments on that, and the other contents save and except the matter of record are false and misleading and hence the same is denied and disputed, and put the applicant to strict proof thereof. The defendant no. 2, is not the proprietor of the defendant no.1, and therefore the misrepresentation of facts has been made out by the petitioner to in-clinch issues in its favour. The Defendants herein reiterate the contents of the written Statements, as submitted earlier in the present proceeding before the Hon’ble Tribunal, in the interest of administration of justice.

 

7.   That the statements made in Paragraphs 3, 4, 5, and 6, of the application are false and misleading and hence the same is denied and disputed, and put the petitioner to strict proof thereof, Defendants herein reiterate the contents of the written Statements, as submitted earlier in the present proceeding before the Hon’ble Tribunal, in the interest of administration of justice.

 

8.   That the statements made in Paragraphs 7, 8, 9, 10, and 11, of the application are false and misleading and hence the same is denied and disputed, and put the petitioner to strict proof thereof, Defendants herein reiterate the contents of the written Statements, as submitted earlier in the present proceeding before the Hon’ble Tribunal, in the interest of administration of justice.

 

9.   That the Defendants state and submit that the properties as described therein are all under the equitable mortgage with the Bank and other financial institution, and therefore the said properties are not free from encumbrances, in any manner, whatsoever.

 

10.                That the Defendants state and submit that the immovable properties as described in the petition under objection by the applicant Bank are all under the following proceedings before the Hon’ble Tribunal, as those properties are under equitable mortgage thereof with the applicant Bank and or Financial Institution :

 

a)    O.A. no. 405 of 2014 - State Bank of India - Versus - M/s. Ghosh Brothers Electronics Pvt. Limited. and others - before the Hon'ble DRT Kolkata - I.

 

b)   O.A. no. 404 of 2014 - State Bank of India - Versus - M/s. Ghosh Brothers Automobiles ( India ) Pvt. Limited. and others - before the Hon'ble DRT Kolkata - I.

 

c)    O.A. no. 269 of 2015 – IDBI Bank Limited – Versus – M/s. Ghosh Brothers Automobiles India Pvt. Limited and Others, before the Hon’ble DRT Guwahati.

 

d)   O.A. no. 268 of 2015 – IDBI Bank Limited – Versus – M/s. Ghosh Brothers Auto Sales (P) Limited and Others, before the Hon’ble DRT Guwahati.

 

e)    O.A. no. 267 of 2015 – HDFC Bank Limited – Versus – M/s. Ghosh Brothers Automobile, before the Hon’ble DRT Guwahati.

 

f)     O.A. no. 265 of 2015– HDFC Bank Limited – Versus – M/s. Ghosh Brothers Automobile, before the Hon’ble DRT Guwahati.

 

g)    O.A. no. 131 of 2015 – IDBI Bank Limited – Versus – M/s. Ghosh Brothers Hospitality Pvt. Limited and Others, before the Hon’ble DRT Guwahati.

 

h)   O.A. no. 132 of 2015 – IDBI Bank Limited – Versus – M/s. Ghosh Brothers Auto Pvt. Limited and Others, before the Hon’ble DRT Guwahati.

 

i)     O.A. no. 133 of 2015 – IDBI Bank Limited – Versus – M/s. Ghosh Brothers Construction, before the Hon’ble DRT Guwahati.

 

j)     O.A. no. 141 of 2016 { IDBI Bank Limited - Versus - M/s. Ghosh Brothers Motors Pvt. Limited and Others } - before the Hon’ble DRT Guwahati.

 

11.                That the Defendants state and submit that the applicant by suppressing material facts seeking relief thereby before the Hoble Tribunal, which cause prejudice to the defendants and thereby the defendants will suffer irreparable loss and injury.

 

12.                That the Defendants state and submits that the applicant Bank only on bare apprehension without any cause thereof placing such application which is not tenable in the eye of Law and therefore liable to be set aside at one with exemplary costs thereon the applicant’s Bank, in the interest of administration of justice.

 

13.                That the Defendants state and submits that the other properties, and or non suit property cannot attach and or put on injunction in the present proceeding, more particularly while those properties are under the separate several proceedings before the Hon’ble Tribunal.

 

14.                That the Defendants state and submits that the properties as described by the applicant Banks other than the property mortgage with are all under mortgage with the other Bank and or Financial Institution, and the several proceedings are pending before the Hon’ble Tribunal, and therefore such properties cannot be effected with any prayer of the present applicant’s Bank in any manner, whatsoever in the interest of administration of justice.

 

10  That under the aforesaid circumstances, the petition under objection has no merit and is liable to be rejected with exemplary cost.

 

It is therefore prayed that your Honour would graciously be pleased to allow this written objection of the Defendants, and to dismiss in limnie the petition under objection under Section 19(12) and 19(13), of the Recovery of Debts due to Bank and Financial Institutions Act, 1993, placed by the applicant Bank, with an exemplary cost, in the interest of administration of justice, and or to pass such other necessary 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.

 

 

A F F I D A V I T

 

I, Shri Pranab Kumar Ghosh, Son of Pradyut Kumar Ghosh, residing at Sony Apartment, 2^nd Building, 4^th Floor, Borthakur Mall Road, Ulubari, Guwahati – 781007, do hereby solemnly affirm and say as follows:-

 

1.           That I am the Defendant no.2, in the instant case, I am well-acquainted with the facts and circumstances of the case and as such I am competent to swear this affidavit.

2.           That I am the Director of the Defendant no.1, Company, and am duly authorised by the defendant no.3, herein in the present proceeding.

3.           That the statements made in Paragraphs _______ to _________are true to my knowledge and the rest are my humble submissions before This Learned Court.

 

 

Prepared in my office	Deponent
	Identified by me
Advocate
	Advocate

N O T A R Y