IN THE DEBTS
RECOVERY TRIBUNAL II, KOLKATA
JEEVAN SUDHA BUILDING (7th 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
STAY APPLICATION
(Under
Section 17 read with Section 17(4) of the SARFAESI Act, 2002)
MOST RESPECTFULLY SHOWETH;
1.
That the
Applicant has filed the accompanying Securitisation Application under Section
17 of the SARFAESI Act, 2002, challenging inter alia the Demand
Notice dated 29.08.2025 issued
under Section 13(2) of the Act and the consequential Possession Notice dated 15.11.2025 issued under Rule 8(1) of
the Security Interest (Enforcement) Rules, 2002, in respect of five MSME loan
accounts maintained with the Respondent Bank at Katwa Branch.
2.
That the
Respondent Bank has initiated coercive measures under Section 13(4) of the
SARFAESI Act, including issuance and affixation of
the Possession Notice dated 15.11.2025, solely on the basis of an illegal,
defective and unenforceable Demand Notice, thereby seriously threatening the
Applicant with dispossession and alienation of the Schedule property.
Photostat
copy of the Possession Notice dated 15.11.2025, is
annexed herewith and marked as Annexure – “A”.
3.
That the
impugned Demand Notice dated 29.08.2025 is ex facie illegal,
inasmuch as (i) the same was served only upon the Applicant and not upon the
other alleged obligors, namely Rabiur Rahaman and Rafikur Rahaman; (ii) five
distinct MSME loan accounts have been arbitrarily clubbed together without
borrower-wise or loan-wise segregation; (iii) no statement of account, date of
default, contractual rate of interest or RBI-mandated asset classification
particulars were furnished; (iv) the alleged classification of accounts as NPA
on 18.08.2025 was done in violation of RBI guidelines applicable to MSME
borrowers and without consideration of the Applicant’s restructuring request
dated 21.07.2025.
Photostat
copy of the Demand Notice dated 29-08-2025, is annexed herewith and marked as
Annexure – “B”.
4.
That upon receipt of the alleged
Demand Notice dated 29.08.2025 issued under Section 13(2) of the SARFAESI Act,
2002, the Applicant, within the statutory period, submitted a detailed and
reasoned representation/objection dated 10.09.2025 through his learned Advocate
under Section 13(3A) of the Act, specifically pointing out inter alia the
illegal clubbing of five distinct MSME loan accounts, non-service of notice
upon all alleged obligors, absence of loan-wise statements of account,
defective NPA classification in violation of RBI guidelines applicable to MSME
borrowers, and the pendency of the Applicant’s prior restructuring request
dated 21.07.2025; however, the Respondent Bank, by its reply dated 23.09.2025,
failed to consider or deal with any of the aforesaid objections in a reasoned,
cogent or speaking manner and merely reiterated the alleged demand in a
mechanical fashion without furnishing any account-wise details, justification
or application of mind, thereby rendering the said reply illusory and in clear
violation of the mandatory requirement under Section 13(3A) of the Act, which
vitiates all subsequent measures taken under Section 13(4) of the SARFAESI Act,
2002.
Photostat
copy of the representation dated 10-09-2025, reply of the Bank dated 23-09-2025,
and Applicant’s prior restructuring request dated 21.07.2025, are annexed
herewith collectively and marked as Annexure – “C”.
5.
That the
Possession Notice dated 15.11.2025 is wholly consequential and derivative,
and since the foundational Demand Notice itself is illegal and void ab initio,
all subsequent measures taken under Section 13(4) of the Act are equally non est and unsustainable in law.
6.
That the
secured asset sought to be enforced is a five-storied commercial building,
part of which is subject to a subsisting registered Lease Deed dated 21.11.2022
executed by the Respondent Bank itself, which material fact has been
deliberately suppressed, thereby vitiating the entire SARFAESI action and
creating serious third-party complications.
Photostat copy of the Lease Deed dated
21.11.2022, is annexed herewith and marked as Annexure – “D”.
7.
That unless
immediate interim protection is granted, the Respondent Bank
is likely to proceed with further coercive steps including physical possession,
auction, confirmation of sale and creation of third-party rights, which would
(a) cause grave, irreparable and irreversible injury to the Applicant; (b)
render the Securitisation Application infructuous; and (c) defeat the very
purpose of Section 17 of the SARFAESI Act.
8.
That the Applicant states and submits
that the present application is of extreme urgency, inasmuch as the Respondent
Bank, having already issued and affixed the Possession Notice dated 15.11.2025
under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, is now at
liberty to proceed at any moment with physical
possession of the Schedule property under Rule 8(2) and allied
provisions of law, without any further notice to the Applicant; that the
Applicant has reliable apprehension that the Respondent Bank may forcibly enter
upon and dispossess the Applicant from the five-storied commercial building,
thereby disrupting the Applicant’s ongoing business activities, disturbing
subsisting third-party rights arising out of a registered lease, and causing irreversible and irreparable loss and injury;
that once physical possession is taken, the same cannot be restituted
effectively, even if the Applicant ultimately succeeds in the Securitisation
Application, and therefore immediate
ad-interim stay and status quo protection is absolutely
necessary to preserve the subject matter of the proceedings and to prevent the
present application from being rendered infructuous.
9.
That the
balance of convenience lies overwhelmingly in favour of the Applicant,
as no prejudice will be caused to the Respondent Bank by maintaining status quo
during pendency of the proceedings, whereas denial of interim relief would
result in irreparable loss to the Applicant which cannot be compensated in
terms of money.
10.
That the Applicant
has a strong prima facie case, supported by statutory violations,
breach of RBI guidelines, non-compliance with mandatory provisions of the Act
and Rules, and violation of principles of natural justice, warranting immediate
intervention by this Hon’ble Tribunal under Section 17(4) of the Act.
In
the facts and circumstances stated hereinabove, the Applicant most respectfully
prays that this Hon’ble Tribunal may be pleased to;
1.
Stay the
operation, implementation and effect of the Demand Notice dated 29.08.2025
issued by the Respondent Bank under Section 13(2) of the SARFAESI Act, 2002;
2.
Stay the
operation, implementation and effect of the Possession Notice dated 15.11.2025
issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, along
with all consequential and further actions taken or sought to be taken pursuant
thereto;
3.
Restrain the
Respondent Bank, its officers, agents and
representatives from taking any further coercive measures under Section 13(4)
of the SARFAESI Act, 2002, including dispossession, sale, auction, confirmation
of sale, registration or creation of any third-party interest in respect of the
Schedule property;
4.
Direct the
Respondent Bank to maintain strict status quo with regard to
possession, nature and character of the Schedule property till final disposal
of the Securitisation Application;
5.
Pass such further or other interim
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.
SCHEDULE PROPERTY
ABOVE REFERRED TO
Description
of immovable property
ALL
that piece and parcel of the immovable property being at Mouza –
Katwa, J.L. No. 21, Plot Nos. 383/976 and 385/981, within Katwa Municipality,
Holding No. 64, Post Office & Police Station – Katwa, District – Purba
Bardhaman, PIN – 713130, West Bengal, measuring
about 07 Satak and 03 Satak of land,
comprising a five-storied
building having approximately 1250 sq. ft. area on each floor,
and bounded
by :
On
the North : Building
of Molla and Others
On the South : Dalal Pukur,
On
the East : Municipal
Road,
On
the West : Dalal
Pukur.
– VERIFICATION –
I, Ashikur Rahaman, Son of
Rabiur Rahaman, 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 22nd 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 22nd day of December’ 2025.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: 22nd day of December’ 2025.
N O T A R Y
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