IN THE DEBTS RECOVERY APPELLATE TRIBUNAL, KOLKATA
9, OLD POST OFFICE STREET, 7TH FLOOR, KOLKATA – 700001
IA No. Of 2024
MISC. APPEAL NO. OF
2024
{DIARY NO. OF
2024}
(Arising
out of Order No. 8, dated 10-12-2024, passed in IA no. 4333 of 2024, arising
out of SA/627/2024, by the Learned Presiding Officer of the Debts Recovery
Tribunal- III Kolkata)
In the
matter of;
1.
M/s. Global Aqua, a proprietorship
firm having its registered office at Premises being no. 44/1A, Shyamnagar Road,
Police Station Dum Dum, Kolkata – 700055, District – North 24 Parganas.
2.
Jayanta Chowdhury, proprietor of M/s.
Global Aqua, Son of Late Ajay Chowdhury, having Office and residence at
Premises being no. 44/1A, Shyamnagar Road, Police Station – Dum Dum, Kolkata –
700055, District North 24 Parganas.
---
---- APPELLANTS
–
VERSUS –
1.
Canara Bank, Chowringhee Branch, having
its Office address as Premises being no. 7, Kyd Street, Police Station – Park
Street, Kolkata – 700016.
2.
Authorised Officer, Canara Bank,
Chowringhee Branch, having its Office address as Premises being no. 7, Kyd
Street, Police Station – Park Street, Kolkata – 700016.
-----
---- RESPONDENTS
AN
APPLICATION FOR WAIVER OF DEPOSIT of
debts due in terms of SUB-SECTION (1) OF Section 18 of the Act, 2002;
The humble petition of the above named appellants,
most respectfully;
Sheweth as under :
1. That
the present appeal under Section 18 of the the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act’ 2002, has preferred
by the appellants challenging the Order no. 08 dated 10-12-2024, passed by the
Learned Debts Recovery Tribunal- III, Kolkata, in IA no. 4333 of 2024, arising
out of SA/627/2024, appearing in Daily Order of the Learned Tribunal.
2. That the present appeal arises from an Order no. 08,
dated 10/12/202, passed by the Learned Debts Recovery Tribunal – III Kolkata in
IA/4333/2024 arising out of SA no. 627 of 2024 (Global Aqua & Anr. – Versus
– Canara Bank & anr.) and the Appellant is a Borrower / Secured Debtors
herein. Since the Claim if any is under adjudication and pending to decide, the
provision of deposit of the requisite amount under Section 18 of the SARFAESI
Act, 2002, is not applicable in the case of the appellants. The appellants
seeks the waiver of deposit if any, in the given facts and circumstances.
3. That
in the given facts and circumstances, your appellants seeks to get the
direction of waiver of
deposit if any in terms of Section 18 of the the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act’ 2002, in the
interest of administration of justice.
4. Unless
Orders as prayed for herein are made the appellants shall suffer irreparable
loss, prejudice and injury thereof.
5. That
this application is made bona fide and for the end of justice.
It
is therefore, most respectfully prayed as follows:-
a. To
waive the deposit if any
in terms of Section 18 of the the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act’ 2002,
in presenting the present appeal, in the interest of administration of Justice;
b. Such
or other order may kindly also be passed as deemed fit and proper in the fact
and circumstances of this case.
And for this act of kindness your
petitioner as in duty bound shall ever pray.
– VERIFICATION –
I, Jayanta Chowdhury,
Proprietor of M/s. Global Aqua, being the petitioner, hereby solemnly verify
that the contents of paragraphs 1 to _____ 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.
AFFIDAVIT
Affidavit
of Jayanta
Chowdhury, proprietor of M/s. Global Aqua, Son of Late Ajay Chowdhury, having
Office and residence at Premises being no. 44/1A, Shyamnagar Road, Police
Station – Dum Dum, Kolkata – 700055, District North 24 Parganas, West Bengal.
I,
the above deponent do hereby solemnly affirm and declare as under :-
1
: That I am the appellant no. 2, and the proprietor of the appellant no. 1, thoroughly
conversant with the facts and circumstances of the present appeal and am
competent to swear this affidavit.
2
: That the facts contained in my accompanying petition / 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
Verification
I,
the above named deponent do hereby solemnly verify that the contents of my
above affidavit are true and correct to my knowledge, and no part of it is
false and nothing material has been concealed therein.
Verified
this _____ day of December’ 2024, at the Kolkata.
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
APPELLATE TRIBUNAL KOLKATA
9, OLD POST OFFICE STREET, 7TH FLOOR,
KOLKATA – 700001
I.A. No. OF 2024
MISC. APPEAL NO.
OF 2024
{DIARY NO. OF 2024}
In
the matter of;
GLOBAL AQUA & ANR.
________APPELLANTS
·
VERSUS –
CANARA BANK
& ANR. ________RESPONDENTS
AN APPLICATION FOR
WAIVER OF DEPOSIT of debts due in terms of SUB-Section
(1) OF SECTION 18 of the Act, 2002;
Advocate
on Record;
Ashok Kumar Singh, Advocate High Court
Bar Association Room No. 15, High Court Calcutta, Mobile Number : 9883070666,
9836829666, Email : aksinghadvocate@rediffmail.com
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