ASHOK KUMAR SINGH : April 2025

Wednesday, April 30, 2025

Bail Petition

In the Court of the Learned 7^th Court of Metropolitan Magistrate, Calcutta

CS/81411/2024

In the matter of ;

Mahindra & Mahindra Financial Services Limited,

________Complainant

- Versus –

Hasna Bewa C/o. Janaruddin S.K.

_____Accused

BAIL Petition

The humble Petition of the above named accused persons, most respectfully;

Sheweth as under ;

1. That the accused person Hasna Bewa C/o. Janaruddin S.K., would surrender before the Learned Court seeking herself enlargement on Bail. The accused person came into knowledge of the present criminal proceeding on receipt of summons issued by the Learned Court.

2. That the accused persons undertake to comply with each and all direction of the Learned Court and cause all necessary endavour to attend the above referred case before the Learned Court.

3. That unless the Learned Court grant enlargement on bail to the accused person, in the given case, the accused person will highly prejudice and suffer with irreparable loss and injury, thereof.

4. That this application is made bonafide and in the interest of administration of Justice.

It is therefore prayed that your Honour would graciously be pleased to allow this Bail petition and to enlarge on bail the accused person, in the interest of administration of Justice, and or to pass such other necessary order or orders, as your Honour 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.

Vakalatnama in Execution application in Consumer Case

VAKALATNAMA

Before the Hon’bleDistrict Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

Execution Application no. of 2024

{arising out of CC/143/2021}

Milan Ghosh ………..Decree Holder

-Versus-

Joyguru Construction & Others

..……Judgment Debtors

KNOW ALL MEN by these presents that I / We Sri Milan Ghosh, Son of Late Phani Bhusan Ghosh, aged about 44 years, residing at Sonarpur Gorkhara Badamtala, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas. Mobile No. : 9051530289, do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

This the …………………day of ………………2024.

Ashok Kumar Singh, Advocate High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number : 9883070666 Email : aksinghadvocate@rediffmail.com

Biplab Some, Advocate. Shewetalina Majumder, Advocate. Sri Pritam Das, Advocate

Sri MadhusudanSardar, Advocate.

Index in Execution application in Consumer Case

Before the Hon’bleDistrict Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

Execution Application No. of 2024

{arising out of CC/143/2021}

Milan Ghosh ………..Decree Holder

-Versus-

Joyguru Construction & Others ..……Judgment Debtors

Application under Section 71 & 72 of the Consumer Protection Act’ 2019; [ Enforcement and penalties for non-compliance of the Order & Judgment dated 14^th day of August’ 2024 passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas, Baruipur, Kolkata - 700144]

INDEX

Sl. No.	Particulars’	Annexure	Page
1	An application under Section 71 & 72 of the Consumer Protection Act’ 2019;	-
2	Certified Copy of the Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas;	A
3	Photostat copy of the Letter of Communication, with the Postal receipts and track report of the postal authority;	B

Advocate-on-Record :-

Pritam Das, Advocate

Ashok Kumar Singh, Advocate

High Court Bar Association Room No. 15,

High Court Calcutta

Mobile Number : 9883070666 / 9836829666

Email : aksinghadvocate@rediffmail.com

Execution Application in Consumer Case

Before the Hon’bleDistrict Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

Execution Application No. of 2024

In the matter of ;

An application under Section 71 and Section 72 of the Consumer Protection Act’ 2019; for enforcement of Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024 passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas, Baruipur, Kolkata - 700144;

AND

In the matter of :

Sri Milan Ghosh, Son of Late Phani Bhusan Ghosh, aged about 47 years, residing at Sonarpur Gorkhara Badamtala, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas. Mobile No. : 9051530289.

____Decree Holder

- Versus –

1. Joyguru Construction, a partnership firm, having its Registered office at Village – Gorkhara (Langal Para), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

2. Smt. Nandita Singh, Wife of Sri Ranjit Singh, residing at Village – Gorkhara (Langal Para), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

3. Sri Monoranjan Mondal, Son of Sri Arabinda Mondal, residing at Village – Gorkhara, Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

4. 4.A. Smt. Kalpana Paul Wife of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

5. 4.B. Bhramer Paul, Daughter of Late Mantu Paul, Wife of KartikBaidya, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

6. 4.C. Anjana Paul, Daughter of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

7. 4.D. Tanushri Paul, Daughter of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

8. 4.E. Arijit Paul, Son of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

9. 6. Sri Nakul Paul, Son of Late PuliunBehari Paul, residing at Village – Gorkhara( Langal Para ), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

_____Judgment Debtors

To,

The Hon’ble President and His Companion Members of the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas.

The humble petition of the above named Complainant, most respectfully;

Sheweth as under :

1. That the Decree Holder is a peace loving and law abiding Citizen of the Country. The Decree Holder is residing at the address as given in the cause title of the present execution application.

2. That the Decree Holders have preferred a Consumer Complaint vide CC/143/2021, against the Judgment Debtors, before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas. The said consumer Complaint has been finally decided on 14^th day of August’ 2024.

3. That the operative portion of the Order & Judgment dated 14/08/2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is reproduced as ;

“that the instant complaint case be and the same is hereby allowed on contest against the OP Nos.1 & 2 and ex-parte against the rest with cost of Rs.20,000/- (Rupees Twenty Thousand) only.

The OPs are jointly and severally liable and are directed to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat within 45 days from the date of passing this order on receipt of the balance consideration amount on the day of registration of the Deed of Conveyance in default the complainant is at liberty to put the order into execution and get the Deed of Conveyance executed and registered through the machinery of this Commission depositing the balance consideration amount in the Consumer Welfare Fund / Legal Aid Fund.

The OPs are jointly and severally liable and are directed to hand over the possession letter to the complainant obtaining the same from the competent authority and to complete the incomplete work within 45 days from the date of passing this order before execution and registration of the Deed of Conveyance in default the cost and expenses to complete the incomplete works and to obtain the completion certificate will be adjusted from the balance consideration amount of Rs.2,28,181/-.

The OPs are jointly and severally liable and are directed to pay compensation of Rs.1,00,000/- (Rupees One Lakh) only for mental pain, agony and harassment caused to the complainant within 45 days from the date of passing this order.

The OPs are jointly and severally liable and are directed to pay litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only within 45 days from the date of passing this order.”

4. That the said Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24-Parganas, has been duly communicated to the Judgment Debtors, by the Learned Advocate of the Decree Holder.

Photostat copy of the Letter of Communication, with the Postal receipts and track report of the postal authority, are enclosing herewith and marked as Annexure –“A” Collectively.

5. That the Judgment Debtors are well within the knowledge of the contents and purports of the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; But did not comply with the directions given upon the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; Thus the Decree Holder is not in receipt of anything which has ever been directed on the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas.

6. That the Judgment Debtors have not preferred any appeal against the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of Section 41 of the Consumer Protection Act 2019, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in the statutory period and till date of the placing this present Execution application.

7. That therefore the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is attained its finality in terms of the prescribed provisions of Section 68 of the Consumer Protection Act’ 2019.

8. That the Decree Holder seeks enforcement of the said Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of the provisions prescribed under Section 71 and Section 72 of the Consumer Protection Act’ 2019.

9. That unless the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, enforce the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, the Decree Holder will highly prejudice and suffer with irreparable loss and injury thereof.

10. That this application is made bonafide and in the interest of administration of Justice.

11. That the Decree Holder prays for the followings before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas;

In the given facts & circumstances, the Decree Holder prayed that the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, would graciously be pleased to enforce the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019, and or to pass such other necessary order or orders as your Honour 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, Milan Ghosh, being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019. I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application. I verify and sign this application on _______________’ 2024.

Affidavit

I, Sri Milan Ghosh, Son of Late Phani Bhusan Ghosh, aged about 47 years, residing at Sonarpur Gorkhara Badamtala, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal, do hereby solemnly affirm and declare as follows;

1. That I am being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019.

2. That I am Competent to swear this affidavit. I am not suffering with any legal disability as emphasize in the Indian Contract Act’ 1872.

3. That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application.

The above statements are true to my knowledge and belief.

DEPONENT

Identified by me,

Advocate

Prepared in my Chamber,

Advocate

Date : _____________2024

Place :Baruipur NOTARY

Reply on affidavit by the Corporate Debtor

BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH, 5, ESPLANADE ROW WEST, KOLKATA – 700001

C.P. ( I.B. ) NO. 2137/KB/2019

In the matter of :

Reply to the application of Financial Creditor;

AND

In the matter of :

Samskar Financial Services Private Limited,

________Financial Creditor

- Versus -

Roofers Infrastructure India Private Limited,

______Corporate Debtor

I N D E X

Sl. No.	Particulars of Documents	Page Number/s	Annexure
1	Reply to the application under Form 1;		-
2	Board Resolution dated ;		A
3	Master Data of Company with the ROC		B

Signature of the Advocate on Record

for the Corporate Debtor / Respondent

Suchitra Chakroborty, Advocate

Biplab Some, Advocate

Ashok Kumar Singh, Advocate

High Court Bar Association Room No. 15,

High Court at Calcutta

Mobile Number : 9883070666 / 9836829666

Email : aksinghadvocate@rediffmail.com

BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH, 5, ESPLANADE ROW WEST, KOLKATA – 700001

C.P. ( I.B. ) NO. 2137/KB/20189

In the matter of :

Reply to the application of Financial Creditor;

AND

In the matter of :

Samskar Financial Services Private Limited,

________Financial Creditor

- Versus -

Roofers Infrastructure India Private Limited, ______Corporate Debtor

REPLY ON AFFIDAVIT

BY THE CORPORATE DEBTOR

ROOFERS INFRASTRUCTURE INDIA PRIVATE LIMITED

AFFIDAVIT

I, Smt. Jayanti Sounth, Wife of Shri Hirak Nath Sounth, aged about 38 years, by faith Hindu, by Occupation Business, residing at Ganapati Bose Road, Kaushallya, Post Office – Kharagpur, Police Station – Kharagpur ( Town ), District Paschim Medinipur, Pin – 721301, West Bengal, being the Director of M/s. Roofers Infrastructure India Private Limited, having its Registered Office at Diamond Tower, Jhapetapur, Kharagpur Municipal Ward no. 27, Kharagpur Post Office, Police Station Kharagpur ( Town ), District Paschim Medinipur, Pin - 721301, West Bengal, do hereby solemnly affirm and says as follows :

1. That I am one of the Director of M/s. Roofers Infrastructure India Private Limited, having its Registered Office at Diamond Tower, Jhapetapur, Kharagpur Municipal Ward no. 27, Kharagpur Post Office, Police Station Kharagpur ( Town ), District Paschim Medinipur, Pin - 721301, West Bengal, and I am authorized by the Company through Board Resolution held as on 19-04-2021, to reply to the application of the Financial Creditor.

Copy of Board Resolution dated 19-04-2021, is enclosing herewith and marked as Annexure – “A”

2. That I am not suffering from any legal disability, in terms of the Indian Contract Act’ 1872 and I am Competent to Swear this Affidavit.

3. That I beg to say that having perused the said application of the financial creditor, under form 1, I had asked the office manager for verification of Accounts and all annexure thereof related to the Financial Creditor, for submitting the facts on the given application to the Learned Advocate appointed by the Company, through Board Resolution dated 19-04-2021.

4. That I beg to say that the Company’s Office Manager, reported all necessary facts to me on 28-04-2021, but I was badly engaged in taking medical care of my family members who had been suffering from COVID-19. As such, I Could not go through such facts and materials placed by the office manager, and only on 5^th day of May’ 2021, I have gone through the facts, since engagement with my family member’s medical treatment became less, and thereafter such facts and materials have been sent to our Learned Advocate, for preparation of Reply to the application of the Financial Creditor, at the earliest.

5. That I beg to say that the Learned Advocate of the Company, received the material instructions sent through Courier by the Company / Corporate Debtor, on 7^th day of May’ 2021, and thereafter the Learned Advocate started preparing the reply to the application of the financial creditor at the earliest, in terms of the instructions given and forwarded to him, in such regard.

6. That I beg to say that I am due diligent in replying the application of the financial creditor but my engagement, for a substantial period, with my family member to look after him, since he had been suffering from COVID-19, prevented me to take necessary steps in time, which may kindly be condoned by the Hon’ble National Company Law Tribunal, Kolkata Bench, in the interest of administration of justice.

7. That I beg to say that the Corporate Debtor, having its registered Office at Diamond Tower, Jhapetapur, Kharagpur Municipal Ward no. 27, Kharagpur Post Office, Police Station Kharagpur ( Town ), District Paschim Medinipur, Pin - 721301, West Bengal formerly having its registered office at premises being no. 103A, C.I.T. Road, 2^nd Floor, Kolkata - 700014, West Bengal, is incorporated under the Companies Act 2013, and the said present address of the registered office is the address for all communications by any person/s, or firm, or company incorporated or not to the Corporate Debtor, and further more the email is as jayantisounth16@gmail.com for electronic communication by any person/s, or firm, or company incorporated or not to the Corporate Debtor.

Copy of Mater Data with ROC Kolkata, is enclosing herewith and marked as Annexure – “B”

8. That I beg to say that the Corporate Debtor has availed Financial facility of Rs. 60,00,000/- ( Rupees Sixty Lakhs ) only, from Samskar Financial Services Private Limited, after execution of the Agreement dated 11-10-2018, through registration of Simple Mortgage on 11^th day of October’ 2018. The said financial facility is repayable within the period of 30 ( thirty ) months, commencing after expiry of 6 (six) months from the date of execution of the agreement between the Corporate Debtor and the said Samskar Financial Services Private Limited.

9. That I beg to say that the said financial facility has been granted by the said Samskar Financial Services Private Limited, while a sum of Rs. 52.20 lakhs on 26^th day of October’ 2018, through RTGS, from its Banker Punjab & Sind Bank, Bhawanipur Branch, Kolkata, in the account of the Corporate Debtor in Corporation Bank, Kharagpur Branch. Thereafter Rs. 3 (three) Lakhs has been paid to Shri Chiranjeeb Biswas and Shri Subhasish Basu (Rs. 1.50 lakhs each), and interest charged in advance for 3 (three) months as of Rs. 3,60,000/- ( Rupees Three Lakhs and Sixty Thousand ) only, and Processing Fees @ 2% as of Rs. 1,20,000/- ( Rupees One Lakh and Twenty Thousand ) only.

10. That I beg to say that the First document being Agreement dated 11-10-2018, which has been notorized but not registered says as follows :

a. At page number 5 – paragraph number 1 – The Borrower is agreed to borrow and the Lenders have agreed to lend upto a amount of Rs. 30,00,000/- ( Rupees Thirty Lakhs only).

b. At page number 6 – paragraph number 7 – The loan shall be fully repayable after a period of 6 (six) months.

c. At page number 7 –paragraph number 9 – In case the Borrowers are unable to repay the loan along with unpaid interest, if any, in its entirely on completion of a period of 30 months, the Lenders shall inform the Borrowers in writing that they intend to sell the mortgaged premises and that the maximum sale value at which sale could take effect. In case, the Lenders do not get repaid of the loan and interest in its entirety within a period of 60 days thereafter, Lenders would be at liberty to sell the Premises and get the same registered by the Attorney of the Borrowers and after adjusting their dues, pay the remaining sale proceeds to the Borrowers.

d. At page number 8 – ALL THAT three nos. of residential flats of Diamond Tower, Block – E, (1) Flat no. 104, on the First Floor, Measuring about 1021 sq. ft. super built up area, (2) Flat no. 201, on the Second Floor, measuring about 1021 sq. ft. super built up area and (3) Flat no. 302, on the Third Floor, measuring about 1021 sq. ft. super built up area lying and situated at Mouza – Madan Mohan, J.L. No. 308, Touzi No. 1260, R.S. No. 3127, under R.S. Khatian no. 205, 232, comprised in R.S. Dag no. 235, within the local ambit of Changual Gram Panchayat, District Paschim Medinipur.

11. That I beg to say that the First Deed of Simple Mortgage, registered in Book no. I, Volume Number 1903 – 2018, Pages from 105236 to 105269, Being no. 190302691 for the year 2018, in respect of ALL THAT three nos. of residential flat of Diamond Tower, Block – E, (1) Flat no. 104, on the First Floor, Measuring about 1021 sq. ft. super built up area, (2) Flat no. 201, on the Second Floor, measuring about 1021 sq. ft. super built up area and (3) Flat no. 302, on the Third Floor, measuring about 1021 sq. ft. super built up area lying and situated at Mouza – Madan Mohan, J.L. No. 308, Touzi No. 1260, R.S. No. 3127, under R.S. Khatian no. 205, 232, comprised in R.S. Dag no. 235, within the local ambit of Changual Gram Panchayat, District Paschim Medinipur, has been done for the purpose of securing financial facility as of Rs. 30,00,000/- ( Rupees Thirty Lakhs ) only.

12. That I beg to say that the Second document being Agreement dated 11-10-2018, which has been notoaized but not registered document covenant preciously in the followings :

a. At page number 5 – paragraph number 1 – The Borrower has agreed to borrow and the Lenders have agreed to lend upto a amount of Rs. 30,00,000/- ( Rupees Thirty Lakhs only).

b. At page number 6 – paragraph number 7 – The loan shall be fully repayable after a period of 6 (six) months.

d. At page number 8 – ALL THAT three nos. of residential flat of Diamond Tower, Block – E, (1) Flat no. 401, on the Fourth Floor, Measuring about 1087 sq. ft. super built up area, (2) Flat no. 402, on the Fourth Floor, measuring about 1021 sq. ft. super built up area and (3) Flat no. 404, on the Fourth Floor, measuring about 1087 sq. ft. super built up area lying and situated at Mouza – Madan Mohan, J.L. No. 308, Touzi No. 1260, R.S. No. 3127, under R.S. Khatian no. 205, 232, comprised in R.S. Dag no. 235, within the local ambit of Changual Gram Panchayat, District Paschim Medinipur.

14. That I beg to say that the First Deed of Simple Mortgage, being registered in Book no. I, Volume Number 1903 – 2018, Pages from 105270 to 105303, Being no. 190302692 for the year 2018, in respect of ALL THAT three nos. of residential flat of Diamond Tower, Block – E, (1) Flat no. 401, on the Fourth Floor, Measuring about 1087 sq. ft. super built up area, (2) Flat no. 402, on the Fourth Floor, measuring about 1021 sq. ft. super built up area and (3) Flat no. 404, on the Fourth Floor, measuring about 1087 sq. ft. super built up area lying and situated at Mouza – Madan Mohan, J.L. No. 308, Touzi No. 1260, R.S. No. 3127, under R.S. Khatian no. 205, 232, comprised in R.S. Dag no. 235, within the local ambit of Changual Gram Panchayat, District Paschim Medinipur, for the purpose of securing financial facility as of Rs. 30,00,000/- ( Rupees Thirty Lakhs ) only.

15. That I beg to say that no Promissory note has ever been executed in terms of the established provisions of the Negotiable Instrument Act’ 1881, by the Corporate Debtor in favour of Samskar Financial Services Private Limited.

16. That I beg to say that in terms of the Agreement dated 11-10-2018, the repayment started after the period of six months and within the period of Thirty months commencing from the date of execution of the Agreement for financial facility with Samskar Financial Services Private Limited, and whereas the three months advance interest has been taken by the said Lender Samskar Financial Services Private Limited, therefore the first repayment should be started after expiry of the period of nine months, which come as in the month of August’ 2019, and not prior to that in any event, whatsoever.

17. That I beg to say that two number of Blank Cheque has been assigned to the Lender at the time of execution of the Agreement dated 11-10-2018, towards security of the financial facility. The said Blank Cheques has been filled up by the Lender being the Financial Creditor herein without having any consent of the Corporate Debtor and placed for encashment which subsequently dishonoured. The Lender initiated complaint case for Section 138 of Negotiable Instrument Act’ 1881. The said Complaint Case is pending before the Learned Metropolitan Magistrate, Kolkata.

18. That I beg to say that the purported claim of the Lender is not a financial debt in terms of the prescribed facts as stated herein by the Corporate Debtor. The said Claim is not even a Debt in terms of the prescribed provisions of the Law. Therefore the present application under Form I, is not entitle to admit, in the interest of administration of justice.

19. That I beg to say that the Agreements dated 11-10-2018, have self contradictory statements, and not registered in terms of the prescribed provisions of Law, therefore the said agreements are void in Law and not acceptable at any terms, whatsoever.

20. That I beg to say that the Simple Deed of Mortgage dated 11-10-2018, which has been executed and registered by and between the parties, stated about the Agreement dated 10-10-2018, which has never been existed by and between the parties, therefore the said simple deed of mortgage is not enforceable at any terms in the prescribed provisions of the Law of Land.

21. That I beg to say that the Documents relied on by the Financial Creditor in its application under Form 1, are not appropriate documents as to constitute the Financial Debt as meant for in the Insolvency & Bankruptcy Code’ 2016.

22. That I beg to say that the Statement of Accounts being Ledger as produced by the Financial Creditor has not ever been authenticated by any Account Professional i.e. Charterer Accountant or by the Company Secretary, so far therefore the said Ledge as produced by the Financial Creditor is not acceptable and denied by the Corporate Debtor, herein.

23. That I beg to say that the Bank Statement in printed form which has been annexed by the Financial Creditor has been denied and not acceptable as the same has not been with any Bank’s seal or signature thereof.

24. That I beg to say that the Financial Creditor did not produce any Balance Sheet and Financial accounts for the respective year and the documents relates to the Income Tax and RBI as to show that the Financial Creditor has ever given acknowledgment of the said financial facility in its Book of Accounts to the respective Government Authority, therefore the said financial facility, if any, is not a legally enforceable debt.

25. That I beg to say that the Financial Creditor being the Lender did not produce any document to show that the Financial Creditor have any authority to grant such financial facility at the 24% rate of interest on compound basis, so far, therefore such grant of financial facility at the such higher rate is in violation of the prescribed provisions of the Law in terms of the Interest Act’ 1978.

26. That I beg to say that the facts and the documents as relied on by the Financial Creditor does not constitute any Financial Debt against the Corporate Debtor, therefore such an application is liable to be dismissed in liminie.

27. That I beg to say that the Corporate Debtor has paid repayments up-till July’ 2019 to the Lender Samskar Financial Services Private Limited. The Corporate Debtor is not a defaulter as described by the Lender Samskar Financial Services Private Limited. The application of the Lender in Form no.1, is not maintainable and liable to be dismissed in liminie.

28. That I beg to say that the purported claim of the Lender Samskar Financial Services Private Limited, is not a Financial Debt within the meaning of Section 5(8) of the Insolvency & Bankruptcy Code’ 2016, therefore such an application is liable to be dismissed in liminie.

29. That I beg to say that the Agreement dated 11-10-2018, is an expressed contract between the Lender and the Corporate Debtor, and whereas in terms of the contract the claim as represented by the Lender has not ever arisen against the Corporate Debtor, therefore such an application is liable to be dismissed in liminie.

30. That I beg to say that the Corporate Debtor has never acknowledged the debt as described by the Lender herein in its application under Form no.1, therefore such an application is liable to be dismissed in liminie.

31. That I beg to say that the Financial Creditor failed to produce any document and or paper, so far, as to establish its claim and or demand in terms of the facts as well as in terms of the Law, and thus the application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

32. That I beg to say that the Financial Creditor has no proper authority to place such application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, against the Corporate Debtor, in terms of the facts as well as in terms of the Law, and therefore is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

33. That I beg to say that the present application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is not in form as prescribed under the Law, and therefore is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

34. That I beg to say that since no notice as prescribed under the Agreement dated 11-10-2018, has ever been served on the corporate debtor by the financial creditor, the present application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

35. That I beg to say that the demand and or claim amount is not proper and justified, as the same has not ever been accrued in favour of the financial creditor, at any terms whatsoever, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

36. That I beg to say that the present application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, has been placed with motivation of wrongful gain by the financial creditor against the corporate debtor, and therefore is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

37. That I beg to say that the Demand and / or claim are not in conformity with the Agreement dated 11-10-2018, and others, the same cannot be taken as granted in terms of the facts as well as in terms of the Law, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

38. That I beg to say that there was no amount, as shown in the purported tabulation sheet of accounts of the financial creditor has ever been occurred, and therefore is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

39. That I beg to say that the mandatory notices of demand has never been served on the corporate debtor by the financial creditor, in any terms whatsoever, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

40. That I beg to say that as there is no demand in terms of the facts as well as in terms of the law, nor has it been ever placed by the financial creditor, the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

41. That I beg to say that the financial creditor placed this present application and the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, before the Hon’ble National Company Law Tribunal, with purposive motive and intention to acquire wrongful gains, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

42. That I beg to say that the Demand and or claim of the financial creditor, does not constitute debt and or liabilities and or legal enforceable debt or liabilities and therefore the application under form 1 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

43. That I beg to say that the financial creditor has not complied with the terms and provisions of the Company Act’ 2013, in placing the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

44. That I beg to say that the Particulars of the Financial Debt as of Rs. 71,73,367/- ( Rupees Seventy Lakhs Seventy Three Thousand and Three Hundred Sixty Seven ) only, as stated in the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, are wrong and not acceptable in any form in terms of the facts as well as in terms of the Law, and therefore is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

45. That I beg to say that there was no continuous accounts and liability has never been casted on the corporate debtor in any way, either in terms of the facts or in terms of the Law, and therefore the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

46. That I beg to say that the present application under Section 7 of the Insolvency and Bankruptcy Code’ 2016, is not maintainable in its entirety, and therefore the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

47. That I beg to say that since there is no demand in terms of the facts as well as in terms of the law, nor the same has ever been placed by the financial creditor, the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

48. That I beg to say that the Demand and or claim of the financial creditor, does not constitute debt and or liabilities and or legal enforceable debt or liabilities and therefore the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

49. That I beg to say that the Particulars of the Financial Debt as of Rs. 71,73,367/- ( Rupees Seventy Lakhs Seventy Three Thousand and Three Hundred Sixty Seven ) only, as stated in the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, are wrong and not acceptable in terms of the facts as well as in terms of the Law, and therefore, the same is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

50. That I beg to say that there was no continuous accounts and liability has ever been casted on the corporate debtor at any terms, in terms of the facts as well as in terms of the Law, and therefore the application under form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, is liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

51. That I beg to say that the demand and or claim amount is not proper and justified, as the same has not ever been accrued in favour of the financial creditor, at any terms whatsoever, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

52. That I beg to say that the present application under Form 1 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority ) Rules’ 2016, has been placed with motivation of wrongful gain by the financial creditor against the corporate debtor, and therefore liable to be rejected and dismissed inlimnie, with exemplary cost thereof on the financial creditor, in the interest of administration of justice.

53. That I therefore prayed that the Hon’ble National Company law Tribunal, Kolkata Bench, would graciously be pleased to accept the reply of the Corporate Debtor, and to reject and or to dismiss the application under Section 7 of the Insolvency and Bankruptcy Code’ 2016, placed by the Financial Creditor, in the interest of administration of justice, and or to pass such other order or orders as the Hon’ble National Company law Tribunal, Kolkata Bench, may deem, fit and proper for the end of justice.

54. That the above statements are true to my knowledge and belief, and no part whereof has ever been concealed by me.

DEPONENT

Identified by me,

Advocate.

Prepared in my Chamber,

Advocate.

Date : _______________2021

Place : Kolkata.

N O T A R Y

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCH,

KOLKATA – 700001

C.P. ( I.B. ) NO. 2137/KB/2018

In the matter of :

Samskar Financial Services Private Limited,

________Financial Creditor

- Versus –

Roofers Infrastructure India Private Limited,

________Corporate Debtor

REPLY ON AFFIDAVIT

Prepared in my Chamber :

Suchitra Choakroborty, Advocate

Biplab Some, Advocate

Ashok Kumar Singh, Advocate

High Court Bar Association Room No. 15, High Court at Calcutta

Mobile Number : 9883070666 / 9836829666, E-mail : aksinghadvocate@rediffmail.com