Draft Affidavit Paragraph for DRT Petition

 

Draft Affidavit Paragraph for DRT Petition

AFFIDAVIT ON BEHALF OF THE BANK / SECURED CREDITOR

I, [Name of Bank Official / Authorized Signatory], aged about [●] years, son/daughter of [●], residing at [●], being duly authorized by [Bank Name], do hereby solemnly affirm and state as under:

1. That the Applicant / Bank is the secured creditor in respect of the loan account bearing No. [●], wherein the mortgaged property situated at [full address / survey numbers] was charged as security.

2. That the secured asset described in the Demand Notice dated [●] and the Possession Notice dated [●], issued under Section 13(2) and Section 13(4) of the SARFAESI Act, 2002, has been physically verified, inspected, and demarcated by a licensed surveyor empanelled by the Bank.

3. That the Surveyor’s Report annexed hereto and marked as Annexure – A accurately records the property boundaries, area, classification, possession status, and approach/access details, and also highlights any encroachments or unauthorized occupation, if present.

4. That the Surveyor’s Report forms a scientific and objective verification of the secured asset and may be relied upon as expert evidence under Section 45 of the Indian Evidence Act, 1872, and as technical documentation supporting the Bank’s recovery proceedings under the SARFAESI Act, 2002.

5. That the Applicant / Bank respectfully submits that the Surveyor’s Report annexed hereto establishes the correctness and accuracy of the property description and supports the Bank’s lawful possession and recovery action.

6. That the contents of this affidavit and the annexed Surveyor’s Report are true and correct to the best of my knowledge, information, and belief.

DEPONENT
[Name & Designation]
[Bank Name]
[Date & Place]

VERIFICATION

I, [Name of Deponent], do hereby verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false, and nothing material has been concealed therefrom.

Verified at [Place] on this [●] day of [Month], [Year].

DEPONENT