IN THE DEBTS RECOVERY TRIBUNAL II, KOLKATA

JEEVAN SUDHA BUILDING (7^th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

SARFAESI APPLICATION NO. ________ OF 2025

(Diary No._______________Of 2025)

PRASANTA BISWAS.

--- ---- APPLICANT

– VERSUS –

CANARA BANK & ANR.

----- ---- RESPONDENTS

DETAILS OF APPLICATION: -

1. PARTICULARS OF THE

APPLICANT: -

a) Name: - PRASANTA BISWAS,

Dhirendranath Biswas, aged about _____ years;

b) Address of the Applicant: -

Prasanta Biswas, Son of Dhirendranath Biswas, residing at Village – Taldi, Police Station – Canning, District – South 24 Parganas, Pin – 743376, West Bengal, Mobile No. _____________, Email : _________________________

c) Address of Notice Service: -

2. PARTICULARS OF THE

RESPONDENTS

a) Name: -

(1) Canara Bank, Kharagpur Branch, IFSC Code : CNRB0000190, Branch Code : 190, Near Hanuman Mandir, Fatak Bazaar, Kharida, Kharagpur, Paschim Medinipur, PIN – 721301, West Bengal. Phone no. 8334999207, Email : cb0190@canarabank.com

(2) The Authorized Officer, Chief Manager, Kharagpur, DP Code -0190, Canara Bank, Kharagpur Branch, IFSC Code : CNRB0000190, Branch Code : 190, Near Hanuman Mandir, Fatak Bazaar, Kharida, Kharagpur, Paschim Medinipur, PIN – 721301, West Bengal. Phone no. 8334999207, Email : cb0190@canarabank.com

b) Address of the Respondent:

c) Address of Notice Service: -

1. Canara Bank, Kharagpur Branch, IFSC Code : CNRB0000190, Branch Code : 190, Near Hanuman Mandir, Fatak Bazaar, Kharida, Kharagpur, Paschim Medinipur, PIN – 721301, West Bengal. Phone no. 8334999207, Email : cb0190@canarabank.com

2. The Authorized Officer, Chief Manager, Kharagpur, DP Code -0190, Canara Bank, Kharagpur Branch, IFSC Code : CNRB0000190, Branch Code : 190, Near Hanuman Mandir, Fatak Bazaar, Kharida, Kharagpur, Paschim Medinipur, PIN – 721301, West Bengal. Phone no. 8334999207, Email : cb0190@canarabank.com

3. JURISDICTION OF THE TRIBUNAL: -

This Tribunal has territorial as well as pecuniary jurisdiction to entertain and dispose the application as the secured assets involving the matter is lying and situate in the District Paschim Medinipur, being Flat no. 103, measuring more or less 863 Sq. ft. Super Built up area Block –F, 1^st Floor, of a multistoried building constructed on Land comprised in R.S. Khatian No. 205, R.S. Plot No. 235, admeasuring about 159 Decimal recorded in L.R. Khatian No. 710, L.R. Dag No. 235, appertaining to J.L. No. 308, C.S. Khatian No. 107, C.S. Plot No. 235, Touzi No. 1260, Revenue Survey No. 3127, under Mouza Madan Mohan, classified as Bastu within the limits of Kharagpur Municipality, District Paschim Medinipur. The Outstanding amount as of Rs. 16,90,160.13 (Rupees Sixteen lakhs Ninety Thousand One hundred sixty and paise thirteen) only, shown in the Demand notice dated 11-09-2024, under Section 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, by the respondent bank, and consequently the same has been stated in the Possession Notice dated 21/01/2025, under Section 13(4) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, by the respondent bank.

4. LIMITATION: -

This application is made within the prescribed period of limitation. Within 45 days in terms of Section 17 of the SARFAESI Act 2002. The applicant further declare that this application is filed within the limitation prescribed in sub section (1) of Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, and the challenge is 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 the subsequent recourses of the respondent bank.

4.A LOCUS OF APPLICANTS :-

Enumerate herein nature of locus of applicant under subsection (1) of Section 17, read with sub section (4) of Section 17.

The applicant is a Borrower, which clearly reflects from the subjected 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 the subsequent recourses of the respondent bank. The applicant’s property full description of the ownership property of the Applicant particularly described in a Schedule at the foot hereof and marked as Schedule “A”.

5. FACT OF THE CASE: -

5.1 That the concerned Respondent being the Authorized Officer of the Canara Bank, visited the premises of the Applicant on 21^st day of January’ 2025, and pasted a Possession Notice under Section 13(4) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, dated 21/01/2025, calling upon the applicant (borrower) to repay the amount mentioned in the Demand Notice dated 11/09/2024, being Rs. 16,22,923.93 (Rupees Sixteen lakhs Twenty Two Thousand Nine Hundred Twenty Three and paise ninety three) only.

Photostat copy of the said Possession Notice under Section 13(4) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, dated 21/01/2025, is annexed herewith and marked as Annexure – “A”.

5.2 That the applicant has received the Demand Notice dated 11/09/2024, under Section 13 (2) of the SARFAESI Act 2002, only on 13/09/2024, by Post given by the concerned respondent herein. The said Demand Notice under Section 13(2) of SARFAESI Act 2002, was not in terms of the prescribed provisions of the SARFAESI Act 2002, therefore the applicant given his representation dated 26^th day of September’ 2024, under Section 13(3A) of SARFAESI Act 2002 to the respondent bank, by Speed Post, which the respondent bank was in receipt of the same. The representation of the applicant raised about the anomalies surfaced in the said Demand Notice dated 11/09/2024, given by the respondent bank, which are as (a) did not disclose the correct date with appropriate annexure of bank statements, on which the applicant has ever been classified as NON PERFORMING ASSETS, in terms of the guidelines issued by the Reserve Bank of India, (b) the said demand notice is also lacks “transparency” as it fails to divulge the details of the amount payable by the borrower, (c) the respondent bank did not communicate to the applicant on classification of NPA, (d) the respondent bank did not place its demand of overdue money on any occasion to the applicant, (e) the respondent bank failed to give the details as to how and when the applicant’s account has ever been classified as NPA, (f) the rate of interest in the said financial facility has not ever been disclosed by the respondent bank nor at the occasion of placing such Demand Notice dated 11/09/2024, under Section 13(2) of the SARFAESI Act 2002, (g) The Schedule –B showing the immovable property does not contained the butted and bounded being the boundaries of the property and did not give any premises number, so far, which has ever been allotted by the Civic Body i.e. Kharagpur Municipality, (h) The Schedule –C showing the liability with interest as on 11-09-2024, without any details or description of calculation of all money adjusted being paid by the applicant. Therefore the said Demand Notice under Section 13(2) of the SARFAESI Act 2002 dated 11/09/2024, is not in consonance of the prescribed provisions of Law as the same has been failed to take fair and transparent aspects of the particulars mentioned therein.

Photostat copy of the said Demand Notice dated 11/09/2024, under Section 13 (2) of the SARFAESI Act 2002, and the representation dated 26^th day of September’ 2024, under Section 13(3A) of SARFAESI Act 2002, are annexed herewith and marked as Annexure – “B” Collectively.

5.3 That the applicant by his representation dated 26-09-2024, under Section 13(3A) of the SARFAESI Act 2002, asked for the (a) detail description of the calculation of the DUES as on 11^th day of September’ 2024 - amount, as stated in the notice under reference. (b) The rate of interest charged by you on the credit facilities / Loan against residential property/ Housing Loan, provided to my client, (c) The statements of Account of the Credit facilities / Loan against residential property / Housing Loan, (d) The Agreement Copy of the Credit facilities / Loan against residential property / Housing Loan, (e) The schedule and structure of the re-payment of E.M.I. of the Credit facilities / Loan against residential property / Housing Loan, (f) The statements of processing fees, margin money, rate of interest, service tax, administrative charge, delayed payment charge, incidental charges, Cheque bouncing charges, late payment charges, Day books, (g) The statements of cash and all other copies of books used in the ordinary business of the finance company, or bank, and (h) The letter of the reschedule of the credit facilities / Loan against residential property / Housing Loan to my client.

5.4 That the respondent bank replied the representation dated 26-09-2024, by way of letter dated 03-10-2024, wherein the respondent bank denied the contentions of the applicant and stated as the classification of the applicant’s account has been occurred on 03/12/2022, as NPA, and the respondent bank has sanctioned Housing Loan amounting to Rs. 14 Lakhs, details of which are mentioned in the demand notice under Section 13(2) under the head Schedule –A; The Respondent Bank even not in correct knowledge as to what money has ever been sanctioned and given to the applicant and what particular money has ever been due and payable by the applicant to the respondent bank. The respondent bank did not give any bank statements of the said financial facility to the applicant showing the demanded amount is ever payable by the applicant to the respondent bank. The respondent bank is not on its clear vision in asking any money from the applicant. The books of accounts ever maintained by the respondent bank has never produced or given to the applicant showing such demanded money. The respondent bank contended further that any communication made by the borrower prior to issuance of demand notice shall not be accepted as objection under the representation dated 26-09-2024, given by the borrower. The mandatory aspects of the said demand notice under Section 13(2) and the reply of the representation by the respondent bank dated 03/10/2024, are contradictory on bare perusal and clearly visible as to its non maintainability and the same can be safely said to be bad in law.

Photostat copy of the Reply under Reference : KGPR:ADV:SARFAESI:0190619006122:REPLY:2024001, dated 03/10/2024, is annexed herewith and marked as Annexure – “C”.

5.5 That the applicant has obtained financial facility as Housing Loan account assigned as Housing Loan Account Number 0190619006122, sanctioned on 04-01-2020, for a sum of Rs. 14,00,000/- (Rupees Fourteen Lakhs) only, towards purchasing Flat no. 103, measuring more or less 863 Sq. ft. Super Built up area Block –F, 1^st Floor, of a multistoried building constructed on Land comprised in R.S. Khatian No. 205, R.S. Plot No. 235, admeasuring about 159 Decimal recorded in L.R. Khatian No. 710, L.R. Dag No. 235, appertaining to J.L. No. 308, C.S. Khatian No. 107, C.S. Plot No. 235, Touzi No. 1260, Revenue Survey No. 3127, under Mouza Madan Mohan, classified as Bastu within the limits of Kharagpur Municipality, District Paschim Medinipur. Thereafter in the Second week of the March’ 2020, the unprecedented COVID-19 pandemic has been spread over the entire universe including our Country. The Government of India lunched the Locked Down in the Country for the first for period of three months and consequently further for the period of three months and thereafter such locked down has been started towards normalizing and restoration in a very restricted manner in terms of the several guidelines issued by the Government of India. During such period Moratorium period has been announced by the RBI in pretext of repayment of the financial facilities of the borrower. Housing Loan is not a financial facility which has ever been obtained by the applicant for any commercial activities or gain thereon as the same has been used for residential purposes only. The applicant has also affected with much financial crisis due to spread of COVID-19 pandemic. However the applicant made repayment to the respondent bank which has not ever been adjusted or shown in any communication made ever by the respondent bank including the purported Demand Notice under Section 13(2) of the SARFAESI Act 2002, as well as in the Possession Notice under Section 13(4) of the SARFAESI Act 2002, including the Reply dated 03-10-2024.

5.6 That the Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, is not in terms of the provisions emphasized in Rule 8(1) & 8(2) of the SARFAESI Rules, 2002, and its lost fairness and transparency in issuing by the respondent bank by way of pasting it at the applicant’s premises. The Rule 9 of the SARFAESI Rules, 2002, has not been adhered by the respondent bank while issuing the said possession notice dated 21-01-2025. The Boundaries and the landmark being nearby and more particularly the apartment and the premises number has not ever been given by the respondent bank in its Possession Notice dated 21-01-2025.

5.7 That the applicant states and submit that the Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, has not prescribed the details and particulars in terms of Rule 8(1) & 8(2) of the SARFAESI Rules, 2002, issued by the respondent bank, therefore the same is bad in law and liable to be quashed inlimnie.

5.8 That the applicant states and submit that the reply dated 03/10/2024, given by the respondent bank has been given with substantial wrong information and denied to give clarification on the representation made by the application in respect of (a) did not disclose the correct date with appropriate annexure of bank statements, on which the applicant has ever been classified as NON PERFORMING ASSETS, in terms of the guidelines issued by the Reserve Bank of India, (b) the said demand notice is also lacks “transparency” as it fails to divulge the details of the amount payable by the borrower, (c) the respondent bank did not communicate to the applicant on classification of NPA, (d) the respondent bank did not place its demand of overdue money on any occasion to the applicant, (e) the respondent bank failed to give the details as to how and when the applicant’s account has ever been classified as NPA, (f) the rate of interest in the said financial facility has not ever been disclosed by the respondent bank nor at the occasion of placing such Demand Notice dated 11/09/2024, under Section 13(2) of the SARFAESI Act 2002, (g) The Schedule –B showing the immovable property does not contained the butted and bounded being the boundaries of the property and did not give any premises number, so far, which has ever been allotted by the Civic Body i.e. Kharagpur Municipality, (h) The Schedule –C showing the liability with interest as on 11/09/2024, without any details or description of calculation of all money adjusted being paid by the applicant. Therefore the said reply dated 03-10-2024, is not sustainable and bad in law, thus liable to be quashed inlimnie.

5.9 That the applicant states and submit that the said Demand Notice under Section 13(2) of SARFAESI Act 2002, dated 11/09/2024, was not in terms of the prescribed provisions of the SARFAESI Act 2002, which did not give the details of the unpaid loan amount and interest accumulated thereon. The details description of the immovable property has been denied therein. Therefore the said notice Demand notice dated 11/09/2024, is not sustainable and bad in law, thus liable to be quashed inlimnie.

5.10 That the applicant states and submit that the entire recourses under Section 13 of the SARFAESI Act 2002, has been persuaded by the respondent bank with oblique motive against the applicant. Therefore such recourses of the respondent bank under Section 13 of the SARFAESI Act 2002, is not sustainable and bad in law, and liable to be quashed inlimnie.

5.11 That the applicant states and submit that the immovable property cited in the purported Demand Notice under Section 13(2) of the SARFAESI Act 2002, as well as in the Possession Notice under section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, has not ever been registered as a Security interest or security assets with the Central Registry established in pursuance of the SARFAESI Act 2002, therefore the immovable property of the applicant cannot be treated as a secured assets for the purposes of recourses under Section 13 of the SARFAESI Act 2002.

5.12 That the applicant states and submit that the recourses of the respondent bank against the applicant is without following the prescribed provisions of Law, therefore such recourses are bad in law taken by the respondent bank against the applicant.

5.13 That the applicant states and submit that it is settled principles of law that although recovery of public dues should be made expeditiously, but it should be in accordance with law. The Court cannot loose sight regarding any illegality or irregularity of the SARFAESI measures taken by the Secured Creditor.

5.14 That the Applicant states and submit that the applicant seeks quashing the validity, legality and enforceability, of the Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, in the interest of administration of Justice.

5.15 Unless Orders as prayed for herein are made the Applicants shall suffer irreparable loss, prejudice and injury thereof.

6. RELIEFS SOUGHT FOR: -

a) An Order be passed quashing the validity, legality and enforceability, and/ or set aside the impugned Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, in the interest of administration of Justice.

b) An Order quashing the validity, legality and enforceability, and/ or set aside the impugned Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, for the said self-contained Schedule “A” property of the applicant under the garb of course of law and stating the same as bad in law and have no force at all.

c) A further Order be made restraining the concerned Respondent, its men, agents, servants, officials and persons claiming under it from giving any effect to or from in any manner acting in pursuance of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, the illegal Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, and/or any other act or acts of the Respondent pursuant to laws relating to Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, and the consequential laws thereto and thereunder be removed and the Respondent be restrained from taking the Schedule “A” property of the Applicant.

d) An Order by this Learned Tribunal is also necessary restraining the concerned Respondent, its men, agents, servants, officials and persons claiming under it from giving effect to or executing the said Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, in respect of the immovable properties of the Applicant or any other notices consequential thereto.

e) Such further or other order/orders, be made and/or direction or directions be given, as the learned Tribunal may deem fit and proper.

7. INTERIM RELIEFS: -

a) Pending final decision in the Application, an ad-interim order be made restraining the concern Respondent bank from giving effect to or from in any manner acting in pursuance of the purported Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025, as well as the Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024, in respect of the immovable properties of the Applicant in respect of Schedule “A” property.

b) Ad-interim order

8. MATTER NOT PENDING WITH ANY OTHER COURT, ETC. : -

The Applicant further declare that no proceedings whatsoever has been commenced by the Respondent in respect of the matter regarding which this Application is preferred under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 till date as per information of the Applicant.

9. PARTICULARS OF THE BANK DRAFT: -

Fees for application under Section 17 of the Act

i) Name of the Bank: -

j) Pay Order No: - _____________

k) Amount Rs.: -

10. DETAILS OF THE INDEX: -

An Index in duplicate containing the details of the documents to be relied upon is enclosed.

11. LIST OF ENCLOSURES: -

a) Possession Notice under Section 13(4) of the SARFAESI Act 2002, dated 21-01-2025;

b) The Demand Notice under Section 13(2) of the SARFAESI Act 2002, dated 11/09/2024;

c) The representation of the applicant dated 26/09/2024, under Section 13(3A) of the SARFAESI Act 2002;

d) The Reply dated 03/10/2024, made by the Respondent bank;

SCHEDULE “A” ABOVE REFERRED TO

Description of immovable properties

ALL THAT piece and parcel of the Flat no. 103, measuring more or less 863 Sq. ft. Super Built up area Block –F, 1^st Floor, of a multistoried building constructed on Land comprised in R.S. Khatian No. 205, R.S. Plot No. 235, admeasuring about 159 Decimal recorded in L.R. Khatian No. 710, L.R. Dag No. 235, appertaining to J.L. No. 308, C.S. Khatian No. 107, C.S. Plot No. 235, Touzi No. 1260, Revenue Survey No. 3127, under Mouza Madan Mohan, classified as Bastu within the limits of Kharagpur Municipality, District Paschim Medinipur.

– VERIFICATION –

I, Prasanta Biswas, Son of Dhirendranath Biswas, being the applicant hereby solemnly verify that the contents of paragraphs 1 to 11 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 January’ 2025.

Signature

Place : Kolkata

Dated : ____the day of January’ 2025;

To,

The Registrar,

Debts Recovery Tribunal Kolkata – II.

JEEVAN SUDHA BUILDING (7^th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071.

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, West Bengal, do hereby solemnly affirm and declare as under :-

1 : That I am the applicant and thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

2 : That the statements made in the paragraph number 1 to 5 are true to my knowledge and belief and the rests are my humble submissions before the Hon’ble Tribunal.

3 : That the facts contained in 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

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Dated :_____day of January’ 2025.

Place :Kolkata.

N O T A R Y

IN THE DEBTS RECOVERY TRIBUNAL KOLKATA - II

JEEVAN SUDHA BUILDING

(7^th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

SA NO ________ OF 2025

(Diary No. _________of 2025)

In the matter of ;

PRASANTA BISWAS.

--- ---- APPLICANT

– VERSUS –

CANARA BANK & ANR.

----- ---- RESPONDENTS

An application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest 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

ASHOK KUMAR SINGH

Sunday, February 2, 2025

application under Section 17 of SARFAESI Act 2002

AFFIDAVIT

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