IN
THE DEBTS RECOVERY TRIBUNAL III, KOLKATA
JEEVAN SUDHA BUILDING (8th FLOOR)
42C, J.L. NEHRU ROAD
KOLKATA – 700 071
SARFAESI
APPLICATION NO. ________ OF 2024
(Diary
No._______________Of 2024)
M/S. PS ENTERPRISE, & ANR.
---
---- APPLICANTS
–
VERSUS –
INDIAN BANK & ANR.
-----
---- RESPONDENTS
DETAILS
OF APPLICATION:
-
1.
PARTICULARS
OF THE
APPLICANT: -
a)
Name:
- (1) M/S. PS ENTERPRISE,
Proprietorship
Firm;
(2) RANDHIR CHAUDHURY,
Son
of Sri Bhola Nath Chaudhury, aged about 52 years;
b)
Address
of the Applicant: -
(1) 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) 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
c)
Address
of Notice Service: -
(1) 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) 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
2.
PARTICULARS
OF THE
RESPONDENTS
a)
Name:
-
(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
b)
Address
of the Respondent:
(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
c)
Address
of Notice Service: -
(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
3.
JURISDICTION
OF THE TRIBUNAL:
-
This
Tribunal has territorial as well as pecuniary jurisdiction to entertain and
dispose the application as the secured assets involving the matter is lying and
situate under Mouza Ellachi, J.L. no. 70, Touzi no. 100, R.S. No. 223, R.S. Dag
no. 2039, Khatian no. 597, L.R. Dag no. 2084, Khatian no. 3125, 3099, lying and
situated at Holding no. 102, Elachi Chakraborty Para Road, within the limits of
Rajpur Sonarpur Municipality, District South 24 Parganas, West Bengal.
4.
LIMITATION: -
This application is made within the
prescribed period of limitation. Within 45 days in terms of Section 17 of the
SARFAESI Act 2002. The applicants further declare that this application is
filed within the limitation prescribed 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.
4.A
LOCUS OF APPLICANTS :-
Enumerate herein nature of locus
of applicant under subsection (1) of Section 17, read with sub section (4) of
Section 17.
The applicants are an aggrieved
party being the borrower. The Possession Notice of the concerned respondent
dated 18/11/2024 well established. The applicant no. 2 is the mortgagor of the
immovable property being one of the co-sharer in the said immovable property.
Full description of the co-ownership property of the Applicant number 2, particularly
described in a Schedule at the foot hereof and marked as Schedule “A”.
ALL
THAT piece and parcel of land and building constructed
on land measuring more or less 2 Cottahs 5 Chittaks 35 Sq. ft. being scheme
plot no. 19 comprised under Mouza Ellachi J.L. No. 70, Touzi no. 100, R.S. No.
223, R.S. Dag no. 2039, Khatian no. 597, L.R. Dag no. 2084, Khatian no. 3125,
3099, lying and situated at holding no. 102, Elachi Chakraborty Para Road,
within limits of Rajpur Sonarpur Municipality, Kolkata – 700103, District South
24 Parganas, butted and bounded by North – By scheme plot no. 30, by South – By
16 feet wide municipal road, by East – By scheme Plot no. 20, by West – By 16
feet wide municipal road.
5.
FACT
OF THE CASE:
-
5.1
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”.
5.2
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.
5.3
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.
5.4
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.
5.5
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.
5.6
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.
5.7
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.
5.8
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.
5.9
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.
5.10 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.
5.11 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.
5.12 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.
5.13 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.
5.14 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.
5.15 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.
5.16 Unless
Orders as prayed for herein are made the Applicants shall suffer irreparable
loss, prejudice and injury thereof.
6.
RELIEFS
SOUGHT FOR:
-
a)
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, 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.
b)
An Order quashing the
purported 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 purported to Notice
under Section 13(4) of the SARFAESI Act of the said self-contained Schedule
“A” property of the Applicants under the garb of course of law and
stating the same as bad in law and have no force at all.
c)
A further 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.
7.
INTERIM
RELIEFS:
-
a)
Pending final
decision in the Application, an ad-interim order be made restraining the
concern Respondent bank from giving effect to or from in any manner acting in
pursuance of the purported 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 Schedule “A” property.
b)
Ad-interim order
8.
MATTER
NOT PENDING WITH ANY OTHER COURT, ETC. : -
The Applicants
further declare that no proceedings whatsoever has been commenced by the
Respondent in respect of the matter regarding which this Application is
preferred under Section 17 of Securitization and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 till date as per
information of the Applicants.
9.
PARTICULARS
OF THE BANK DRAFT:
-
Fees for application under Section 17 of the Act
i)
Name of the Bank: -
j)
Pay Order No: -
_____________
k) Amount
Rs.: -
10.
DETAILS
OF THE INDEX:
-
An Index in duplicate containing the details of
the documents to be relied upon is enclosed.
11.
LIST
OF ENCLOSURES:
-
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;
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 5 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
SARFAESI APPLICATION NO. ________ OF 2024
(Diary No._______________Of 2024)
An Application under Section 17(1) of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act’ 2002
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
An application
under Section 17 of the Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act’ 2002.
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
No comments:
Post a Comment