IN
THE DEBTS RECOVERY TRIBUNAL III, KOLKATA
JEEVAN SUDHA BUILDING (8th FLOOR)
42C, J.L. NEHRU ROAD
KOLKATA – 700 071
IA
No. __________OF 2024
(Diary
No. __________of 2024)
ARRISING
OUT OF
SARFAESI
APPLICATION NO. ________ OF 2024
(Diary
No._______________Of 2024)
In
the matter of ;
(1)
M/S. PS ENTERPRISE, Proprietorship
Firm, having its office 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. Mobile No. 6290356479, Email : randhirchoudhary1971@gmail.com
(2) RANDHIR CHAUDHURY, Son of Sri Bhola Nath Chaudhury,
aged about 52 years, Pushpa Villa, Elachi, Chakraborty Para, Gotberia Lion’s
Club Narendrapur, VTC : Rajpur Sonarpur Municipality, Post Office & Police
Station – Narendrapur, Kolkata – 700103, District – South 24 Parganas. Mobile
No. 6290356479, Email : randhirchoudhary1971@gmail.com
_______APPLICANTS
-
VERSUS
–
(1) INDIAN BANK,
Zonal Office, Kolkata South, having its Office at Premises being no. 14, India
Exchange Place, 3rd Floor, Kolkata – 700001. E-mail : horecovery@indianbank.co.in
(2) THE AUTHORISED OFFICER, INDIAN
BANK,
Zonal Office, Kolkata South, having its Office at Premises being no. 14, India
Exchange Place, 3rd Floor, Kolkata – 700001. E-mail : horecovery@indianbank.co.in
________RESPONDENTS
APPLICATION
TO STAY THE POSSESSION NOTICE DATED 18/11/2024
The humble petition of the above named applicants,
most respectfully;
Sheweth as under;
1.
That the above referred
application has been placed in Sub Section (1) of Section 17 of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act’ 2002, and the challenge is the respondent recourses
Under Section 13(4) of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act’ 2002, being Possession Notice
(For Immovable Property) in Appendix – IV, under Rule -8(1), in exercise of
powers conferred under Section 13(12) read with rule 8 and 9 of the Security
interest (Enforcement) Rules, 2002, 18th day of November’ 2024,
which has been booked with the Post Office on 20/11/2024, by the Authorised
Officer of Indian Bank, and delivered by the Post Office on the Applicant
number 2, Randhir Chaudhury, only on 23/11/2024. The said Possession Notice dated 18/11/2024, stated
about the outstanding sum of money as Rs. 74,79,050.53 (Rupees Seventy Four
Lacs Seventy Nine Thousand Fifty and paise fifty three) only, as on 20/08/2024,
in terms of the Demand Notice dated 05-06-2024, under Section 13(2) of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002.
2. That
the concerned respondent sent a Possession Notice (For Immovable Property) in
Appendix – IV, under Rule -8(1), in exercise of powers conferred under Section
13(12) read with rule 8 and 9 of the Security interest (Enforcement) Rules,
2002, 18th day of November’ 2024, which has been booked with the
Post Office on 20/11/2024, by the Authorised Officer of Indian Bank, and
delivered by the Post Office on the Applicant number 2, Randhir Chaudhury, only
on 23/11/2024. The said possession notice dated 18/11/2024, stated that the
concerned respondent has sent a demand notice dated 05/06/2024, upon the
borrower, having loan account with Garia Bazar Branch to repay the amount
mentioned in the said demand notice being Rs. 74,79,050.53 (Rupees Seventy Four
Lacs Seventy Nine Thousand Fifty and paise fifty three) only as on 20/08/2024,
and with further interest, charges & cost as applicable thereon till the
date of repayment, within 60 days from the date of receipt of the said notice.
It is pertinent to say that no such possession notice has ever been served on
the applicant no. 1, M/s. PS Enterprise, a proprietorship firm, represented by
the applicant number 2, herein.
Photostat copies of the said Possession
Notice dated 18/11/2024, with the postal
envelop & the Postal Track Report, are annexed herewith and marked as Annexure – “A”.
3. That
the applicants are not in
receipt of any notice under Section 13(2) of the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002, dated 05/06/2024, as described in the Possession Notice
(For Immovable Property) in Appendix – IV, under Rule -8(1), in exercise of
powers conferred under Section 13(12) read with rule 8 and 9 of the Security
interest (Enforcement) Rules, 2002, 18th day of November’ 2024,
which has been booked with the Post Office on 20/11/2024, by the Authorised
Officer of Indian Bank, and delivered by the Post Office on the Applicant
number 2, Randhir Chaudhury, only on 23/11/2024. Therefore, in absence of any service of the said
Demand Notice dated 05/06/2024, upon the applicants, the alleged Possession
Notice dated 18/11/2024, is not sustainable and bad in Law.
4. That the applicants obtained the financial facilities
for business from the concerned respondent bank as Rs. 80 Lacs in Cash Credit
Account No. 6996204247, and Rs. 14.77 Lacs
in Term Loan Account No. 7134433613, in the year 2023. The applicants
repaid the loan amounts regularly and paid the substantial loan amounts to the
concerned respondent bank by the applicants.
5. That the applicants are not in any knowledge or any
iota of having knowledge about the classification of the loan accounts as NPA
classified by the concerned respondent bank, ever. The concerned respondent
bank did not give any notice on classification of NPA of the loan accounts of
the applicants. The concerned respondent bank did not give any notice on
overdue loan amount, if any, to the applicants on any occasion. The applicants
are not in receipt of any notice which has states ever about the classification
of the loan account as NPA and the overdue loan amount, if any.
6. That the applicant no. 2, is a Co-sharer in the
immovable property purchased with the other Co-sharer Shri Kamal Choudhary, in
respect of all that piece and parcel of Land more or less 2 Cottahas, 5
Chhitacks, and 35 Sq. Ft. Being Scheme Plot No. 19, in Dag No. 2039, being
recorded partly as “Bagan” and partly as “Danga” Land comprised in J.L. No. 70,
R.S. No. 223, Khatian No. 597, Touzi No. 100, in Mouza Ellachi, Police Station
formerly Sonarpur, presently Narendrapur, under the Rajpur Sonarpur
Municipality, Kolkata – 700103, District South 24 Parganas, by way of Deed of
Sale dated 29th day of January’ 2013, registered in Book no. I, CD
Volume number 3, Page from 5626 to 5645, Baing No. 01024 for the year 2013,
registered in the office of the Additional District Sub-Registrar, Sonarpur,
South 24 Parganas, West Bengal.
Crave leave to produce the
Photostat copy of the said sale deed, if necessary at the time of hearing
before the Hon’ble Tribunal.
7. That the applicants state and submit that Possession
Notice (For Immovable Property) in Appendix – IV, under Rule -8(1), in exercise
of powers conferred under Section 13(12) read with rule 8 and 9 of the Security
interest (Enforcement) Rules, 2002, 18th day of November’ 2024,
which has been booked with the Post Office on 20/11/2024, by the Authorised
Officer of Indian Bank, and delivered by the Post Office on the Applicant
number 2, Randhir Chaudhury, only on 23/11/2024, is not in pursuance of
provisions of the prescribed rules, therefore the said Possession Notice dated
18/11/2024, is not sustainable and bad in Law.
8. That the applicants state and submit that the
applicants are not in receipt of the alleged Demand Notice dated 05/06/2024,
under Section 13(2) of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, therefore, without
serving any demand notice on the applicants, the said alleged possession notice
dated 18/11/2024, is not sustainable and bad in Law.
9. That the applicants state and submit that without the classification
of the Loan account as NPA, the concerned Respondent cannot recourses its
action under the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, against the applicants.
10.
That the applicants state and submit that serving the alleged Possession
Notice dated 18/11/2024, being recourses under Section 13(4) of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002, by the concerned respondent bank without giving
the Demand Notice under 13(2) of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002, to the
applicants, is not sustainable and bad in Law.
11.
That the applicants state and submit that the action of the concerned
respondent requires to be stayed immediately, otherwise the applicants being
diligent borrowers, will face serious consequences which will be against the
law of the Land.
12.
That the applicants state and submit that
the impugned Possession Notice (For Immovable Property) in Appendix – IV, under
Rule -8(1), in exercise of powers conferred under Section 13(12) read with rule
8 and 9 of the Security interest (Enforcement) Rules, 2002, 18th day
of November’ 2024, which has been booked with the Post Office on 20/11/2024, by
the Authorised Officer of Indian Bank, and delivered by the Post Office on the
Applicant number 2, Randhir Chaudhury, only on 23/11/2024 is totally illegal
and bad in the Law.
13.
That the applicants state and submit that
the concerned respondent Bank has no Authority to harass the applicants under
the given facts and circumstances. The description of the schedule property in
Possession Notice in respect of the immovable properties dated 18-11-2024,
given by the concerned respondent bank is different a little bit in respect of
the description of the property, being the immovable property purchased by way
of Sale Deeds, which is a cause of sufficient doubts on the part of the concerned
respondent bank who take recourses of harassment of the applicants’ immovable
properties.
14.
That the applicants state and submit that
the afore stated Possession Notice (For Immovable Property) in Appendix – IV,
under Rule -8(1), in exercise of powers conferred under Section 13(12) read
with rule 8 and 9 of the Security interest (Enforcement) Rules, 2002, 18th
day of November’ 2024, which has been booked with the Post Office on
20/11/2024, by the Authorised Officer of Indian Bank, and delivered by the Post
Office on the Applicant number 2, Randhir Chaudhury, only on 23/11/2024 is not
desirable against the applicants in the fact and the situation at any terms of
the Law. Thus the Possession notice in respect of the immovable properties
dated 18-11-2024, given by the Indian Bank is bad in law and liable to quash
and set aside at the threshold.
15.
That due to arbitrary act on the
part of the Indian Bank, the Applicants made to suffer and is likely to be
seriously prejudiced as a cloud has been casted upon their right, title and
interest as Co-owners of the Schedule
“A” property and it is necessary that the said notices be quashed and
set aside.
16.
Under the facts and circumstances
aforesaid the Applicants state and respectfully submit that the purported and alleged
Possession Notice (For Immovable Property) in Appendix – IV, under Rule -8(1),
in exercise of powers conferred under Section 13(12) read with rule 8 and 9 of
the Security interest (Enforcement) Rules, 2002, 18th day of
November’ 2024, which has been booked with the Post Office on 20/11/2024, by
the Authorised Officer of Indian Bank, and delivered by the Post Office on the
Applicant number 2, Randhir Chaudhury, only on 23/11/2024, and any other notice or notices
consequential thereto deserves to be and should be quashed and stating the same
as bad in law and have no force at all. Consequently, the concerned respondent
also deserves to be and should be restrained from giving any effect to the said
notices or any manner acting in pursuance thereof against the Schedule “A” property of the
Applicants.
17.
Unless Orders as prayed for
herein are made the Applicants shall suffer irreparable loss, prejudice and
injury thereof.
18.
That this interim application is
made bona fide and in the interest of administration of Justice.
It
is therefore, most respectfully prayed as follows;
(a) Declaration
that the purported steps and measures taken by the Respondents under the
provisions of the SARFAESI Act, 2002 is bad in law and be quashed;
(b) An
Order be passed quashing the validity, legality and enforceability of the
purported and alleged Possession Notice (For Immovable Property) in Appendix –
IV, under Rule -8(1), in exercise of powers conferred under Section 13(12) read
with rule 8 and 9 of the Security interest (Enforcement) Rules, 2002, 18th
day of November’ 2024, which has been booked with the Post Office on
20/11/2024, by the Authorised Officer of Indian Bank, and delivered by the Post
Office on the Applicant number 2, Randhir Chaudhury, only on 23/11/2024, in
respect of the immovable properties of the applicants, and any other notice or
notices consequential thereto deserves to be and should be quashed and stating
the same as bad in law and have no force at all.
(c) An
Order be made restraining the concerned Respondent, its men, agents, servants,
officials and persons claiming under it from giving any effect to or from in
any manner acting in pursuance of the provisions of the Securitization and
Reconstruction of Financial Assets and Enforcement of Securities Interest Act,
2002, the illegal possession under said Possession Notice (For Immovable
Property) in Appendix – IV, under Rule -8(1), in exercise of powers conferred
under Section 13(12) read with rule 8 and 9 of the Security interest (Enforcement)
Rules, 2002, 18th day of November’ 2024, which has been booked with
the Post Office on 20/11/2024, by the Authorised Officer of Indian Bank, and
delivered by the Post Office on the Applicant number 2, Randhir Chaudhury, only
on 23/11/2024; and/or any other act or acts of the Respondent pursuant to
laws relating to Securitization and
Reconstruction of Financial Assets and Enforcement of Securities Interest Act,
2002, and the consequential laws thereto and thereunder be removed and the
Respondent be restrained from selling the Schedule
“A” property of the Applicants.
(d) An
Order by this Learned Tribunal is also necessary restraining the concerned
Respondent, its men, agents, servants, officials and persons claiming under it
from giving effect to or executing the said Possession Notice (For Immovable
Property) in Appendix – IV, under Rule -8(1), in exercise of powers conferred
under Section 13(12) read with rule 8 and 9 of the Security interest
(Enforcement) Rules, 2002, 18th day of November’ 2024, which has
been booked with the Post Office on 20/11/2024, by the Authorised Officer of
Indian Bank, and delivered by the Post Office on the Applicant number 2,
Randhir Chaudhury, only on 23/11/2024 or any other notices consequential
thereto.
(e) Such
further or other order/orders be made and/or direction or directions be given,
as the learned Tribunal may deem fit and proper.
And for this act of
kindness, the Petitioner as in duty bound shall ever pray.
SCHEDULE “A” ABOVE
REFERRED TO
Description of immovable
properties
ALL
THAT piece and
parcel of Plot of Land measuring about more or less 2 Cottahas, 5
Chhitacks, and 35 Sq. Ft. Being Scheme Plot No. 19, in Dag No. 2039, being
recorded partly as “Bagan” and partly as “Danga” Land comprised in J.L. No. 70,
R.S. No. 223, Khatian No. 597, Touzi No. 100, in Mouza Ellachi, Police Station
formerly Sonarpur, presently Narendrapur, under the Rajpur Sonarpur
Municipality, Kolkata – 700103, District South 24 Parganas,, West Bengal, which
butted and bounded as follows;
ON
THE NORTH : Dag Nos. 1948 and 1940;
ON
THE EAST : Dag Nos. 2054, 2052,
and 2051;
ON THE SOUTH : 18’-0’ Wide Road and
Dag No. 2038;
ON THE WEST : Dag Nos.
1952 and 1948;
– VERIFICATION –
I, Randhir Chaudhury, Son of
Sri Bhola Nath Chaudhury, being the applicant no. 2, hereby solemnly verify
that the contents of paragraphs 1 to 11 are true to my personal knowledge and
belief and that I have not suppressed any material facts.
I sign this Verification on
this _____day of December’ 2024.
Signature
Place
: Kolkata
Dated
: ____the day of December’ 2024;
To,
The
Registrar,
Debts
Recovery Tribunal Kolkata – III.
JEEVAN SUDHA
BUILDING (8th FLOOR)
42C, J.L.
NEHRU ROAD
KOLKATA – 700
071.
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 declare as under :-
1
: That I am the applicant no. 2, and thoroughly conversant with the facts and
circumstances of the present case and am competent to swear this affidavit. I
am Proprietor of the applicant no. 1,
herein to made this application and to swear on her behalf.
2
: That the statements made in the paragraph number 1 to 11 are true to my
knowledge and belief and the rests are my humble submissions before the Hon’ble
Tribunal.
3
: That the facts contained in application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:_____day of December’ 2024.
Place
:Kolkata.
N
O T A R Y
IN THE DEBTS
RECOVERY TRIBUNAL III, KOLKATA
JEEVAN SUDHA BUILDING (8th FLOOR)
42C, J.L. NEHRU ROAD
KOLKATA – 700 071
IA
No. __________OF 2024
(Diary
No. __________of 2024)
ARRISING
OUT OF
SARFAESI APPLICATION NO. ________ OF 2024
(Diary No._______________Of 2024)
An Application to Stay the Possession Notice dated
18/11/2024
M/S. PS ENTERPRISE & ANR. ________APPLICANTS
-
VERSUS –
INDIAN BANK & ANR. ________RESPONDENTS
INDEX
|
SL.NO. |
DESCRIPTION |
ANNEXURE |
PAGES |
|
1 |
Photostat
copies of the Possession Notice dated 18/11/2024,
with
the postal envelop & the Postal Track Report; |
“A” |
|
IN THE DEBTS
RECOVERY TRIBUNAL KOLKATA - III
JEEVAN SUDHA BUILDING
(8th FLOOR)
42C, J.L. NEHRU ROAD
KOLKATA – 700 071
SA NO ________
OF 2024
(Diary No.
_________of 2024)
In the matter of ;
PS ENTERPRISE & ANR.
--- ---- APPLICANTS
– VERSUS
–
INDIAN BANK & ANR.
----- ---- RESPONDENTS
APPLICATION TO
STAY THE POSSESSION NOTICE DATED 18/11/2024.
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
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