In the Centre for Alternative Dispute Resolution
Excellence
having its
Office at 2nd Floor, Shanmugha Arcade, # 39/1, NGEFT Lane,
Binnamangala First Stage (Indiranagar 1st Stage), Banglore - 560038
Before the
Learned Arbitrator Magesh Kumar KP
Ref. No.
TCL/4238/2024
(Loan
Agreement No. TCFPL0540000012652644)
In
the matter of;
Tata
Capital Limited,
_____Claimant
-
Versus –
Subhajit Shome,
_____Borrower
Written
Statement of the Borrower;
The humble Petition of the above named Borrower, most
respectfully;
Sheweth as
under;
1.
That the
Borrower is not in receipt of any copy of Claim ever placed by the Claimant
before the Learned Tribunal, therefore the Borrower is not in any clear
knowledge or iota about the story or statements has ever placed by the Claimant
against the Borrower. The Borrower reserve his rights to put his comments on
the purports and contents, while he will receive a copy of the Claim submitted
by the Claimant. The Borrower will make his reply on the said claim, by way of
additional written statement, in the present arbitration proceeding, in the
interest of administration of justice as well as for fair adjudication of the purported
claim, if any.
2.
That since the
borrower is not in receipt of any copy of claim ever submitted by the claimant,
the borrower has no occasion to dealt with the contention and purports of the
said purported claim, therefore the borrower is obliged to place the true fact,
which are necessary to enrich the fair & proper adjudication of the claim,
if any;
(a) The Borrower availed the Financial Assistance for a
sum of Rs. 1,50,973/- (Rupees One Lakh Fifty Thousand and Nine Hundred Seventy
Three) only, on 27th day of January’ 2024, But the borrower received
a sum of Rs. 1,42,040/- (Rupees One Lakh Forty Two Thousand and Forty) only,
therefore the money received by the borrower is the actual and true money as a
sum of Rs. 1,42,040/- (Rupees One Lakh Forty Two Thousand and Forty) only,
availed and enjoyed by him.
(b) The Borrower paid 2 EMIs worth Rs. 5,844/- each, on 5th
March’ 2024, and 5th April’ 2024. The Borrower availed such loan to
start his own business; But became the victim of unemployment and crypto fraud.
The Borrower was in suffering of financial distress.
(c) The Claimant offered One Time Settlement (OTS) to the
Borrower considering his financial distress, as a sum of Rs. 62,000/- (Rupees
Sixty Two Thousand) only. The claimant given the Sanctioned of Settlement
Letter being Reference Number FY 24-25/PL/2406858918537 dated 27/06/2024. The
Borrower paid the said sum of money as Rs. 62,000/- (Rupees Sixty Two Thousand)
only, being Settlement money by and between the Claimant and the Borrower by
way of Demand Draft Number 963527156 dated 28/06/2024, drawn on Indian Overseas
Bank, in favour of Tata Capital Limited.
Photostat
copy of the said Settlement Letter dated 27/06/2024, and the Demand Draft for a
sum of Rs. 62,000/- (Rupees Sixty Two Thousand) only, are annexed herewith and
marked as Annexure – “A”, Collectively.
(d) Presently, the Borrower have Highly financial distress
with him on account of his unemployment and the victim of financial fraud,
therefore the Borrower is not in any position to pay any money to his Creditors
including the Bank, NBFC, etc. Therefore the Borrower has instituted an
application under Section 10 of the Provincial Insolvency Act, 1920, as to
adjudicate the borrower being the Debtor as an Insolvent, against the
Creditors, before the Hon’ble District Judge, South 24 Parganas, at Alipore
Judges’ Court, Alipore, Kolkata – 700027. The said application has been
registered as Insolvency Case No. 141 of 2024. The said Insolvency case is
pending for adjudication.
(e) Since the Claimant even after received the Settlement
money asking the borrower for further money and disturbing off and on to the
borrower, the borrower made the claimant the party as Respondent / Creditor in
the said Insolvency Case no. 141 of 2024. The Claimant is in receipt of the
notices of the said Insolvency Case instituted by the Borrower.
Photostat copy of the
application under Section 10 of the Provincial Insolvency Act, 1920, is annexed
herewith and marked as Annexure – “B”.
(f) That the Borrower assessed his total payable sum of
money as a sum of Rs. 8,96,576/- (Rupees Eight Lakhs Ninety Six Thousand and
Five Hundred Seventy Six) only, to the Creditors, in placing his said
Insolvency application and the Borrower has the entire assets which consists
the Cash being sum of Rs. 2,000/- (Rupees Two Thousand) only, with the balances
in his Bank Accounts & Mutual Fund Investments as a sum of Rs. 10,226.42 (Rupees Ten Thousand Two
Hundred Twenty Six and paise Forty Two) only, and no other property either
movable or immovable is found favour the borrower.
3.
That in the
given facts, while the settlement has been entered by and between the Claimant
and the Borrower and the said settled money has already been taken by the
claimant by way of Demand Draft from the Borrower; no further claim can be
sustained in the eye of Law from the Borrower, and the claim if any bad in law.
4.
Pertinently,
the Borrower seeks adjudication as an insolvent before the competent Court of
Law, and the said proceeding is pending for adjudication which clearly
established his inability in earning any money and having any property either
movable or immovable, so far, therefore the Claimant has no occasion to put his
any purported claim even after taking settlement money from the borrower.
5.
The Borrower
seeks the refusal of the present arbitration proceeding initiated by the
claimant herein against the borrower, in the interest of administration of
Justice.
6.
Unless the
Learned Tribunal refused the present arbitration proceeding initiated by the
claimant herein against the borrower. The Borrower will highly prejudice and
suffer with irreparable loss and injury thereof.
7.
The
preponderance of the balance of convenience and inconveniences are lies in
favour of the Borrower.
8.
This
application is made bonafide and in the interest of administration of Justice.
It is
therefore prayed that the Learned Tribunal would graciously be pleased to
accept the Written Statement submitted by the Borrower, and to refused the
present arbitration proceeding under Ref. No. TCL/4238/2024, against the
borrower, in the interest of administration of Justice, and /or to pass such
other necessary order or orders, as the Learned Tribunal may deem, fit, and
proper for the end of Justice.
And for this
act of kindness, the Petitioner as in duty bound shall ever pray.
VERIFICATION
I, Subhajit
Shome, being the Borrower, in the present Arbitration Proceeding, made this
Written Statement. I am well conversant and acquainted with the material facts
as stated in the fore going paragraphs. I verify and sign this written
statement on _____December’ 2024.
very useful
ReplyDelete