Affidavit of Declaration for No Case Pending before Higher Forum

 

District : South 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. _________ of 2024

Arising out of SA/_________/2024

(Diary No. __________of 2024)

 

PS Enterprise & Anr.,                                 ____________Applicants

-      Versus -

Indian Bank Bank & Anr.,                              _________Defendants

 

AFFIDAVIT OF DECLARATION

 

FOR NO CASE PENDING BEFORE HIGHER FORUM

 

AFFIDAVIT

 

I, RANDHIR CHAUDHURY, Son of Sri Bhola Nath Chaudhury, aged about 52 years, by faith Hindu, by Occupation Business, residing at Premises no. 37/12/1, Naktala Road, Arbinda Nagar, Kolkata – 700047, and also at Premises being no. 2A, Putiary Banerjee Para Road, Kolkata – 700041, West Bengal, 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 the applicant number 1, herein. 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. ___________ of 2024, being Interim Application, praying to Stay the Possession Notice dated 18-11-2024, and the another IA diary no. ___________ 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 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. Indian Bank, pending before the Hon’ble DRT 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 application.

 

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. __________ of 2024, being Interim Application, praying to Stay the Possession notice dated 18-11-2024, and the another IA diary no. ___________ 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

 

 

 

` 

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL KOLKATA - III

JEEVAN SUDHA BUILDING

(8^th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA No. ________of 2024

SA NO ________ OF 2024

(Diary No. _________of 2024)

 

In the matter of ;

PS ENTERPRISE & ANR.

 

--- ---- APPLICANTS

 

– VERSUS –

 

INDIAN BANK & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

AFFIDAVIT OF DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

 

 

Advocate on Record;

 

Ashok Kumar Singh, Advocate Enrollment No. F/872/2000, High Court Bar Association Room No. 15, High Court Calcutta, Mobile Number 9883070666, 9836829666, Email :aksinghadvocate@rediffmail.com