APPLICATION FOR ADVANCE HEARING (of the Stay Application)

 

IN THE DEBTS RECOVERY TRIBUNAL II, KOLKATA

JEEVAN SUDHA BUILDING (7^th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

I.A. No. ___________OF  2025

IN

SARFAESI APPLICATION NO. ________ OF 2025

(Diary No._______________Of 2025)

 

ASHIKUR RAHAMAN

Son of Rabiur Rahaman,
Residing at Kachari Road,
Ballari Market Complex,
Post Office & Police Station –Katwa, District – Purba Bardhaman, PIN – 713130, West Bengal.

--- ---- APPLICANT

 

– VERSUS –

 

1.   CENTRAL BANK OF INDIA, Regional Office, Durgapur,
R.O. Durgapur, AT & PO – Mamra Bazar – 713206, District – Burdwan, Phone: 0343-2502247, Email: cmdurgro@centralbank.co.in

 

2.   THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA, Regional Office, Durgapur,
R.O. Durgapur, AT & PO – Mamra Bazar – 713206, District – Burdwan, Phone: 0343-2502247, Email: cmdurgro@centralbank.co.in

 

----- ---- RESPONDENTS

APPLICATION FOR ADVANCE HEARING

(of the Stay Application)

MOST RESPECTFULLY SHOWETH :

 

1. That the Applicant has filed the above-captioned Securitisation Application under Section 17 of the SARFAESI Act, 2002, along with a Stay Application seeking immediate interim protection against coercive measures initiated by the Respondent Bank under Section 13(4) of the Act.

 

2. That the Stay Application arises out of and is directly connected with the Respondent Bank’s Possession Notice dated 15.11.2025 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, pursuant to an illegal and defective Demand Notice dated 29.08.2025.

 

3. That the Respondent Bank has already taken symbolic possession and is legally empowered to proceed at any moment with physical possession under Rule 8(2) of the Rules, without issuance of any further notice to the Applicant.

 

4. That the secured asset is a five-storied commercial building, wherein the Applicant is carrying on business and part of which is subject to a subsisting registered Lease Deed dated 21.11.2022, executed by the Respondent Bank itself, giving rise to subsisting third-party rights.

 

5. That there exists a real, imminent and well-founded apprehension that the Respondent Bank may take forcible physical possession, seal the premises and/or initiate auction proceedings, which would cause grave, irreparable and irreversible injury to the Applicant and render the pending Stay Application and the Securitisation Application itself illusory and infructuous.

 

6. That once physical possession is taken or third-party rights are created, the same cannot be effectively restituted, even if the Applicant ultimately succeeds before this Hon’ble Tribunal.

 

7. That no prejudice whatsoever will be caused to the Respondents if the Stay Application is taken up for advance and urgent hearing, whereas denial thereof would defeat the very object of Section 17 of the SARFAESI Act, 2002.

 

8. That the present application is made bonafide, in the interest of justice, and to prevent abuse of process of law.

 

In the facts and circumstances stated hereinabove, the Applicant most respectfully prays that this Hon’ble Tribunal may be pleased to

 

1.   Take up the Stay Application for advance and urgent hearing, prior to the normal course of listing;

 

2.   Pass appropriate ad-interim protective order(s), if deemed fit, pending hearing of the Stay Application;

 

3.   Pass such further or other order(s) as this Hon’ble Tribunal may deem fit and proper in the interest of justice.

 

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

 

 

 – VERIFICATION –

 

                   I, Ashikur Rahaman, Son of Rabiur Rahaman, being the applicant, hereby solemnly verify that the contents of paragraphs 1 to 8 are true to my personal knowledge and belief and that I have not suppressed any material facts.

 

                   I sign this Verification on this 22^nd December’ 2025.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

Affidavit of Ashikur Rahaman, Son of Rabiur Rahaman, aged about 51 years, by faith Muslim, by Occupation Business, Residing at Kachari Road, Ballari Market Complex, Post Office & Police Station –Katwa, District – Purba Bardhaman, PIN – 713130, West Bengal.

 

I, the above deponent 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 facts contained in my accompanying petition / 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

Verification

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.

 

Verified this 22^nd day of December’ 2025.

 

 

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : 22^nd day of December’ 2025.

                                               

 

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

 

IA/_________/2025

IN

SA/__________/2025

(Diary No. _________ of 2025)

 

In the matter of ;

ASHIKUR RAHAMAN.

 

--- ---- APPLICANT

 

– VERSUS –

 

CENTRAL BANK OF INDIA & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

 

APPLICATION FOR ADVANCE HEARING

(of the Stay Application)

 

 

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