Date
: 24th day of October’ 2024
To,
Sri Onkar Ganguly,
Advocate
High Court Calcutta
Residence :
Canal Side Road,
(Opposite Bagan Bari),
Kolkata – 700084
Mobile : 9830074191
Chamber:
10, K.S. Roy Road (2nd
Floor),
Kolkata – 700001.
Ref. : (1) Loan
Account Number 0145766000027 & Others, with Canara Bank, Chowringhee
Branch, 7, Kyd Street, Kolkata – 700016.
(2) Your Letter dated
07/10/2024;
Your Client : Canara
Bank, Chowringhee Branch, 7, Kyd Street, Kolkata – 700016.
My Client : Sri
Jayanta Chowdhury, Proprietor of M/s. Global Aqua, Mouza – Nawpala, under Sarat
Chandra Gram Panchayat, P.S. Bagnan, District – Howrah, Pin – 711303, and also
at Holding No. 61, Purba Bagnan Colony, 2nd Floor, Premises No.
44/1A, Shyamnagar Road, South Dumdum, Bangur Avenue, Jessor Road, Kolkata –
700055, District North 24 Parganas, and also at 3rd Floor, Premises
No. DC-9/15, Deshbandhu Nagar, P.O. Deshbandhu Nagar, P.S. Baguihati, Kolkata –
700059, District South 24 Parganas.
Subject : Demand
Notice asking for Payment of unpaid Loan.
Dear Sir,
Under instructions of my Client Sri
Jayanta Chowdhury, Proprietor of M/s. Global Aqua, Mouza – Nawpala, under Sarat
Chandra Gram Panchayat, P.S. Bagnan, District – Howrah, Pin – 711303, and also
at Holding No. 61, Purba Bagnan Colony, 2nd Floor, Premises No.
44/1A, Shyamnagar Road, South Dumdum, Bangur Avenue, Jessor Road, Kolkata –
700055, District North 24 Parganas, and also at 3rd Floor, Premises
No. DC-9/15, Deshbandhu Nagar, P.O. Deshbandhu Nagar, P.S. Baguihati, Kolkata –
700059, District South 24 Parganas, I write to you as follows;
1. Pursuant to your Demand Notice dated 7th
day of October’ 2024 and subsequent your Corrigendum dated 19th day
of October’ 2024, I would like to remind you of your presence on 25th
day of September’ 2024 before the Hon’ble Debt Recovery Tribunal Kolkata 3 in
SA/627/2024, when you appeared for the Respondent Bank i.e. Canara Bank,
wherein the recall for notice dated 28/03/2023, has been challenged against the
Loan Account Number 0145766000027 & Others under reference.
2. That it is surprising that even after
your participation in the said case being SA/627/2024, before the Hon’ble Debt
Recovery Tribunal Kolkata 3, you have once again agitated the same issues of
unpaid Loan in respect of the aforestated Loan Account Number 0145766000027
& Others. As such your said Notice dated 7th day of October’
2024 and subsequent your Corrigendum dated 19th day of October’ 2024,
amount to a Statutory Notice under Section 13 (2) of The Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (54 of 2002). But the Creditor under the Law is required to send notice
which is misleading in the present incident.
3. That by sending your said notice dated
7th day of October’ 2024 and subsequent your Corrigendum dated 19th
day of October’ 2024, you have tried to reopen a fresh case against same Loan
Account Number 0145766000027 & Others.
4. That your such action is not trust
worthy specially when you submitted before the Hon’ble Debt Recovery Tribunal
Kolkata 3, on 25th day of September’ 2024, in SA/627/2024, that the
earlier notice dated 28/03/2023 as annexed in the application being SA/627/2024
is not correct and the Hon’ble Tribunal has been pleased to believe the
document presented by you in respect of the date of notice, which according to
both the Hon’ble Tribunal and you should be 28/03/2024. But inspite of request,
you have not given me a copy of your said notice dated 28/03/2024, as mentioned
in the said Order dated 25th day of September’ 2024.
5. That your present conduct suggests two
things;
(i)
Either
you misled the Hon’ble Debt Recovery Tribunal kolkata 3, on 25th day
of September’ 2024;
Or
(ii)
You
are denying your earlier proceeding under The Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of
2002);
In
the circumstances, I request you to clear your stand as to whether you are
denying your earlier steps under The Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), which in
fact has been challenged by your own notice dated 7th day of
October’ 2024 and subsequent your Corrigendum dated 19th day of
October’ 2024, and whether you deliberately submitted or misled the Hon’ble
Debt Recovery Tribunal Kolkata 3, on 25th day of September’ 2024, in
SA/627/2024, by producing a Document dated 28/03/2024, allegedly had been
issued under Section 13 (2) of The Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).
Your early reply in the matter is solicited.
Thanking
you,
Yours’
faithfully,
Ashok
Kumar Singh,
Advocate
High
Court Calcutta
Copy
to : Canara Bank, Chowringhee Branch, 7, Kyd Street, Kolkata – 700016.
{for your kind information}
No comments:
Post a Comment