APPLICATION FOR ADVANCE HEARING / URGENT LISTING

 

IN THE DEBTS RECOVERY TRIBUNAL – I, KOLKATA

9^th Floor, 42C, J.L. Nehru Road,

Jeevan Sudha Building

Kolkata – 700071

 

I.A. No.             Of 2026

In

Original Application No. 93 of 2015

 

In the matter of;

IDBI Bank Limited,

                   ________Applicant

-      Versus –

Hotel Hirak Jayanti & Ors.

                   ________Defendants

 

APPLICATION FOR ADVANCE HEARING / URGENT LISTING

 

The humble Petition on behalf of the Defendant no. 4, Smt. Jayanti South, most respectfully,

Showeth as under;

 

1.   That the instant proceeding is pending before this Learned Tribunal and the present application is being filed by the Defendant No. 4 seeking advance hearing of her application for refund of OTS amount.

 

2.   That the answering Defendant has already filed an application praying, inter alia, for refund of a sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) deposited with the Applicant Bank under the proposed One Time Settlement (OTS) Scheme dated 15.12.2025, which has not been concluded.

 

3.   That the said application involves extremely urgent and exceptional circumstances warranting immediate consideration by this Learned Tribunal.

 

4.   That the Defendant No. 2, namely Sri Hirak Nath Sounth, is suffering from complete kidney failure and is presently in a critical condition, requiring urgent kidney transplantation for survival.

 

5.   That the cost and expenses of such transplantation and medical treatment are enormous and require immediate financial arrangement, and the amount presently lying with the Applicant Bank is the only available source for arranging such life-saving treatment.

 

6.   That the Defendant No. 4, being the wife of the Defendant No. 2, has already made representations to the Applicant Bank requesting refund of the said amount on humanitarian grounds, but no steps have been taken by the Bank till date.

 

7.   That unless the main application for refund is taken up for urgent and advance hearing, the Defendants will suffer irreparable loss and injury, and the life of the Defendant No. 2 may be seriously endangered due to lack of timely medical intervention.

 

8.   That the balance of convenience lies heavily in favour of granting advance hearing, and no prejudice would be caused to the Applicant Bank if the matter is heard on an urgent basis.

 

9.   That this application is made bona fide and in the interest of justice.

 

In the premises aforesaid, it is most humbly prayed that Your Honour may graciously be pleased to;

 

a) Direct that the application for refund of OTS amount filed by the Defendant No. 4 be taken up for advance hearing / urgent listing at an early date;

 

b) Pass such further or other order(s) as Your Honour may deem fit and proper.

 

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

 

 

 

 

 

 

 

 

 

 

VERIFICATION

 

I, Smt. Jayanti Sounth, wife of Sri Hirak Nath Sounth, aged about 45 years, residing at Diamond Tower, Jhapetapur, Ward no. 27, Kharagpur, District Paschim Medinipur, Pin - 721301, being the Defendant No. 4 in the above-mentioned proceeding, do hereby solemnly affirm and state as follows;

 

1.   That I am the Defendant No. 4 in the instant matter and I am well acquainted with the facts and circumstances of the case and competent to affirm this verification.

 

2.   That the statements made in paragraphs 1, to 4, of the foregoing application are true to my knowledge and the rests are my humble submissions before the Learned Tribunal.

 

3.   That I have not suppressed any material fact and the contents of this application are true and correct.

 

Verified at Kolkata on this ___ day of __________, 2026.

 

 

 

 

Deponent
(Smt. Jayanti Sounth)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Smt. Jayanti Sounth, wife of Sri Hirak Nath Sounth, aged about 45 years, by faith Hindu, by occupation House Wife, residing at Diamond Tower, Jhapetapur, Ward no. 27, Kharagpur, District Paschim Medinipur, Pin - 721301, do hereby solemnly affirm and state as follows;

 

1.   That I am the Defendant No. 4 in the above-mentioned proceeding and one of the partners of Defendant No. 1 firm, and as such I am well acquainted with the facts and circumstances of the case and competent to swear this affidavit.

 

2.   That I have filed an application before this Learned Tribunal seeking refund of the amount deposited under the proposed One Time Settlement (OTS) Scheme and I state that the statements made therein are true and correct.

 

3.   That pursuant to the proposed Special OTS Scheme dated 15.12.2025, I had deposited a sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) with the Applicant Bank in respect of Loan Account No. 13567320000383, in bona fide intention to settle the entire dues.

 

4.   That despite non-conclusion of the OTS, the Applicant Bank has retained the aforesaid amount and has neither refunded the same nor provided any justification for such retention.

 

5.   That I had addressed a representation dated 02.03.2026 to the Branch Manager, IDBI Bank Limited, Shakespeare Sarani Branch, Kolkata, requesting refund of the said amount, but no response has been received till date.

 

6.   That I further state that my husband, Sri Hirak Nath Sounth (Defendant No. 2), is suffering from complete kidney failure and is presently in a critical condition requiring urgent kidney transplantation to save his life.

 

7.   That the cost of such treatment and transplantation is extremely high and requires immediate financial arrangement, and I have no sufficient resources to meet such expenses.

8.   That the amount of Rs. 1,44,00,000/-, which is lying with the Applicant Bank, is urgently required for arranging the life-saving treatment of my husband.

 

9.   That the other partner of the firm is a housewife and financially dependent, and there is no other source of funds available to us at this critical juncture.

 

10.               That I further state that earlier also the borrower had deposited a sum of Rs. 1,00,00,000/- (Rupees One Crore Only) with the Applicant Bank, which has been duly recorded in the Order dated 15.03.2019 passed by this Learned Tribunal in O.A. No. 93 of 2015, reflecting our continuous bona fide intention to settle the dues.

 

11.               That the present situation is a matter of grave humanitarian concern, and unless the said amount is refunded immediately, the life of my husband may be at serious risk.

 

12.               That I state that the Applicant Bank is unjustly retaining the said amount without concluding the OTS, causing severe prejudice, hardship and irreparable injury to us.

 

13.               That this affidavit is made in support of the application for refund of OTS amount and for seeking urgent interim relief.

 

14.               That the statements made hereinabove are true to my knowledge and belief and nothing material has been suppressed.

 

VERIFICATION

I, the deponent above-named, do hereby verify that the statements made in paragraphs 1 to 14 of this affidavit are true to my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.

 

Verified at Kolkata on this ___ day of __________, 2026.

 

 

DEPONENT
(Smt. Jayanti Sounth)

Identified by;

Advocate