Sunday, February 2, 2025

AFFIDAVIT OF DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. 627 OF 2024

(Diary No. 1210 of 2024)

 

                                        In the matter of;

M/s. Global Aqua, & Another;

--- ---- PETITIONERS

 

VERSUS

 

Canara Bank, & Another;

----- ---- RESPONDENTS

 

AFFIDAVIT OF DECLARATION

 

FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

AFFIDAVIT

 

I, 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, do hereby solemnly affirm and says as follows;

 

1. That I am being the applicant no. 2, herein in the above referred SA application acquainted and conversant with the material facts stated therein. I am the Proprietor of the applicant no. 1, herein. I am competent to swear this affidavit.

 

 

 

 

 

 

 

 

2. That the above referred application has been placed in sub section (1) of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, challenging the Demand Notice under Section 13(2) of SARFAESI Act 2002, as well as the Possession Notice and purported action of the defendant Bank.

 

3. That one IA application being diary no. ___________ of 2025, being Interim Application, praying to Stay of the Order dated 21-01-2025, passed in Complaint Case No. 220 of 2024, by the Learned A.C.J.M. Uluberia, Howrah, and the another IA diary no. ___________ of 2025, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, has been submitted before the Hon’ble Tribunal.

 

4. That I say that no application has ever been preferred by me before the Hon’ble DRAT, Kolkata, or any other High Forum including the Hon’ble High Court at Calcutta, in connection with the present SA application pending before the Hon’ble DRT Kolkata III.

 

5. That I say that so far my knowledge concern I did not receive any application ever preferred by the Respondent Bank i.e. Punjab National Bank, pending before the Hon’ble DRT Kolkata III, and or before the Higher Forum including the Hon’ble High Court at Calcutta. I have no knowledge that the Respondent Bank has ever preferred any application to High Forum, in respect of the present SA application.

 

6. That I say that as per my knowledge concern there is no application has ever been preferred either by me, or by the Respondent Bank before the Hon’ble DRAT Kolkata, and before the High Forum including the Hon’ble High Court at Calcutta, till the day in placing IA application being diary no. __________ of 2025, being Interim Application, praying to Stay the Order dated 21-01-2025, passed in Complaint Case No. 220 of 2024, by the Learned A.C.J.M. Uluberia, Howrah, and the another IA diary no. ___________ of 2025, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, before the Hon’ble DRT Kolkata III.

 

7. That the above statements are true to the best of my knowledge and belief.

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

 

Advocate

Date : _________________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 2025

(Diary No. __________of 2025)

arising out of

SA NO 627 OF 2024

(Diary No. 1210 of 2024)

 

 

In the matter of ;

GLOBAL AQUA & ANR.

--- ---- PETITIONERS

VERSUS

 

CANARA BANK & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

 

AFFIDAVIT OF DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

 

 

 

 

 

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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