Affidavit for Declaration for No Case Pending before Higher Forum before DRT

 

District : North 24-Parganas.

Before the Hon’ble Debts Recovery Tribunal Kolkata – 3

8^th Floor, JeevanSudha Building, 42-C, JawaharLal Nehru Road, Kolkata – 700071

 

IA Diary No. 4194 of 2024

Arising out of SA/627/2024

 

M/s. Global Aqua & Anr.,                           ____________Applicants

-      Versus -

Canara Bank & Anr.,                                      _________Defendants

 

AFFIDAVIT OF DECLARATION

 

FOR NO CASE PENDING BEFORE HIGHER FORUM

 

AFFIDAVIT

 

I, Jayanta Chowdhury, Son of Late Ajay Chowdhury, residing at Premises being No. 44/1A, Shyamnagar Road, Police Station Dum Dum, Kolkata – 700055, Proprietor of M/s. Global Aqua, having its Registered Office at Premises being No. 44/1A, Shyamnagar Road, Police Station Dum Dum, Kolkata – 700055, do hereby solemnly affirm and says as follows;

 

1. That I am being the applicant number 2, herein in the above referred SA application acquainted and conversant with the material facts stated therein. I am Proprietor of M/s. Global Aqua, having its Registered Office at Premises being No. 44/1A, Shyamnagar Road, Police Station Dum Dum, Kolkata – 700055. I am competent to swear this affidavit.

 

2. That the above referred application has been placed in sub section (1) of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, challenging the possession notice and purported action of the defendant Bank.

 

3. That one IA application being diary no. 4196 of 2024, being Interim Application, praying to set aside notice dated 07-10-2024, for exercising the rights under Section 13(8) of the SARFAESI Act, 2002, and the another IA diary no. 4194 of 2024, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, has been submitted before the Hon’ble Tribunal.

 

4. That I say that no application has ever been preferred by me before the Hon’ble DRAT, Kolkata, or any other High Forum including the Hon’ble High Court at Calcutta, in connection with the present SA application No. 627 of 2024, pending before the Hon’ble DRT Kolkata 3.

 

5. That I say that so far my knowledge concern I did not receive any application ever preferred by the Respondent Bank i.e. Canara Bank, pending before the Hon’ble DRAT Kolkata 3, and or before the Higher Forum including the Hon’ble High Court at Calcutta. I have no knowledge that the Respondent Bank has ever preferred any application to High Forum, in respect of the present SA no. 627 of 2024.

 

6. That I say that as per my knowledge concern there is no application has ever been preferred either by me, or by the Respondent Bank before the Hon’ble DRAT Kolkata, and before the High Forum including the Hon’ble High Court at Calcutta, till the day in placing IA application being diary no. 4196 of 2024, being Interim Application, praying to set aside notice dated 07-10-2024, for exercising the rights under Section 13(8) of the SARFAESI Act, 2002, and the another IA diary no. 4194 of 2024, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, before the Hon’ble DRT Kolkata 3.

 

7. That the above statements are true to the best of my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

Date : _________________2024;

Place : Kolkata

 

N O T A R Y

 

 

 

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