Sunday, February 2, 2025

AFFIDAVIT OF DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

Before the Hon’ble Debts Recovery Tribunal Kolkata – 2

7th Floor, JeevanSudha Building, 42-C, JawaharLal Nehru Road,

Kolkata – 700071

 

IA Diary No. _________ of 2025

Arising out of SA/_________/2025

(Diary No. __________ of 2025)

 

Prasanta Biswas,                                                  ____________Applicant

 

-      Versus -

Canara Bank & Anr.,                                           ____________Defendants

 

 

AFFIDAVIT OF DECLARATION

 

FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

AFFIDAVIT

 

I, PRASANTA BISWAS, Son of Dhirendranath Biswas, aged about _____years, by faith Hindu, by Occupation _______, residing at Village – Taldi, Police Station – Canning, District – South 24 Parganas, Pin – 743376, West Bengal, do hereby solemnly affirm and says as follows;

 

1. That I am being the applicant herein in the above referred SA application acquainted and conversant with the material facts stated therein. 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 the Possession Notice under Section 13(4) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, dated 21/01/2025, and the Demand Notice under Section 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, dated 11/09/2024, and purported action of the defendant Bank.

 

3. That one IA application being diary no. __________ of 2025, being Interim Application, praying to Stay on the Possession notice dated 21-01-2025, and IA no. __________of 2025, being an application for advance hearing, has been placed 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 II.

 

 

 

 

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 II, 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 on the Possession Notice dated 21-01-2025, 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 II.

 

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 : _________________2025;

Place : Kolkata

 

N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL KOLKATA - II

JEEVAN SUDHA BUILDING

(7th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

  IA Diary No. _________ of 2025

Arising out of SA/______/2025

(Diary No. _________ of 2025)

 

In the matter of ;

PRASANTA BISWAS.

 

--- ---- APPLICANT

 

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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