IN THE DEBTS
RECOVERY TRIBUNAL – I, KOLKATA
9th
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 REFUND OF OTS AMOUNT ALONG WITH
INTERIM RELIEF
The humble Petition on behalf of the Defendant no. 4,
Smt. Jayanti South, most respectfully,
Showeth as
under;
1.
That
the instant Original Application is pending before this Learned Tribunal and
the present application is being preferred by the Defendant No. 4, one of the
partners/guarantors of the Defendant No. 1 firm.
2.
That
the Applicant Bank had floated/considered a Special One Time Settlement (OTS) Scheme dated 15.12.2025 in
respect of Loan Account No. 13567320000383,
and pursuant thereto, the answering Defendant, in good faith and with bona fide
intention to settle the entire dues, deposited a sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) as
upfront amount.
Photostat copy of the
said OTS Letter dated 15-12-2025, along with the Counter Parts Slip which shows
the deposit of the said sum of Rs.
1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) as upfront amount,
with the applicant Bank, are collectively, annexed herewith and marked as Annexure – “A”.
3.
That
the said deposit was made with the legitimate expectation that the loan account
would be settled once and for all under the said OTS Scheme.
4.
That
it is most pertinent to state that the borrower had, even prior to the present
circumstances, demonstrated bona fide and sincere intention to liquidate the
outstanding dues by depositing a substantial sum of Rs. 1,00,00,000/- (Rupees One Crore Only)
with the Applicant Bank, which fact has been duly recorded and acknowledged in
the Order dated 15.03.2019
passed by this Learned Tribunal in the instant proceeding being O.A. No. 93 of 2015. The said
deposit clearly reflects the continuous readiness and willingness on the part
of the Defendants to settle the account and comply with the directions of this
Learned Tribunal. Despite such substantial payment already made and placed on
record, the Applicant Bank has failed to extend reasonable cooperation or
equitable consideration, and has instead continued to act in a manner
prejudicial to the Defendants. The earlier deposit of Rs. 1 Crore, as noted in
the judicial order, further fortifies the present claim of the Defendants that
the subsequent deposit made under the proposed OTS was also in continuation of
their bona fide efforts, and therefore, retention of such amounts by the
Applicant Bank without concluding the settlement is wholly unjustified,
inequitable and contrary to the principles of fairness governing such
proceedings.
Photostat Server copy
of the Order dated 15-03-2019, passed in OA/93/2015, by the Learned Tribunal,
is annexed herewith and marked as Annexure
– “B”.
5.
That,
however, the Applicant Bank did not accept the said proposal and instead
advised the Defendants to enhance the offer amount, which, despite sincere and
honest efforts, could not be complied with due to acute financial constraints.
6.
That
as a result thereof, the proposed OTS could not be concluded, and the amount
deposited by the Defendants remains with the Applicant Bank without any
concluded settlement.
7.
That
the Defendant No. 4 addressed a detailed representation dated 02.03.2026 to the Branch Manager, IDBI
Bank Limited, Shakespeare Sarani Branch, Kolkata, inter alia requesting refund
of the aforesaid amount of Rs. 1,44,00,000/-, clearly stating the circumstances
under which the OTS failed and the urgent necessity of refund.
Photostat copy of the
said representation dated 02.03.2026, given
by the Defendant no. 4, herein, is annexed herewith and marked as Annexure – “C”.
8.
That
in the said representation, the answering Defendant categorically stated that;
(i) The amount was
deposited under the proposed OTS Scheme dated 15.12.2025;
(ii) The proposal was not
accepted and required enhancement beyond the financial capacity of the
Defendants;
(iii)
The
Defendants are unable to arrange further funds and hence the OTS could not
materialize.
9.
That
the answering Defendant further brought to the notice of the Applicant Bank the
extremely grave and life-threatening
medical condition of the Defendant No. 2, Sri Hirak Nath Sounth, who is
suffering from complete kidney failure,
and is in urgent need of kidney
transplantation to save his life.
Photostat copy of all
medical documents of the defendant no. 2, Hirak Nath Sounth, are annexed
herewith collectively and marked as Annexure
– “D”.
10.
That
it was also specifically represented that the cost and expenses of such
transplantation and medical treatment are enormous and require immediate
financial arrangement, and that the amount lying with the Bank is crucial for
arranging such life-saving treatment.
11.
That
it was further stated that the other partner of the firm is a housewife and
financially dependent, and the family has no alternative source of funds at
this critical juncture.
12.
That
despite such detailed representation and disclosure of dire humanitarian
circumstances, the Applicant Bank has neither responded to the said
representation nor refunded the said amount till date.
13.
That
the conduct of the Applicant Bank in retaining a huge sum of Rs. 1,44,00,000/-
without concluding the OTS and without responding to repeated requests is
arbitrary, unreasonable and violative of principles of equity, fairness and
natural justice.
14.
That
it is a settled principle that where an OTS is not concluded or accepted, the
amount deposited thereunder cannot be unjustly retained by the Bank.
15.
That
the continued retention of the said amount by the Applicant Bank is causing
severe prejudice, irreparable injury and grave hardship to the Defendants,
particularly endangering the life of the Defendant No. 2 due to lack of funds
for urgent medical treatment.
16.
That
it is most humbly and respectfully submitted that the present situation
transcends the realm of ordinary commercial disputes and assumes the character
of a purely
humanitarian crisis, calling for immediate and compassionate
intervention of this Learned Tribunal. The Defendant No. 2 is battling a
life-threatening medical condition, having suffered complete kidney failure,
and is in urgent need of a kidney transplantation to sustain his life. The
issue at hand, therefore, is not merely one of financial adjustment or
contractual obligation, but one that directly concerns the preservation of
human life, which stands above all technicalities and controversies.
17.
That
it is further submitted that in such exceptional and distressing circumstances,
strict adherence to procedural or adversarial positions ought to yield to the
higher principles of equity, justice, and humanitarian consideration. The funds
lying with the Applicant Bank, which were deposited by the Defendants in bona
fide pursuit of settlement, have now become critically essential for arranging
the life-saving medical treatment of the Defendant No. 2. Denial or delay in
release of the said amount would not only cause irreparable financial injury
but may also have irreversible consequences on the life and survival of the
said Defendant.
18.
That
it is thus a matter of urgent humanitarian concern, beyond any dispute or
controversy between the parties, and warrants immediate judicial intervention
so that the necessary financial resources can be made available without delay
for the medical treatment and transplantation process. It is most respectfully
submitted that this Learned Tribunal, being a forum of equity as well as law,
may be pleased to consider the present application with utmost urgency and
sensitivity, keeping in view that the relief sought herein is intrinsically
connected with saving a human life.
19.
That
the balance of convenience is overwhelmingly in favour of the Defendants and
unless immediate directions are passed, irreparable loss and injury shall be
caused.
20.
That
the present application is made bona
fide, with utmost sincerity and in good faith, and not with any
ulterior motive or intention to delay the proceedings or to prejudice the
rights of the Applicant Bank in any manner whatsoever. The answering Defendant
has approached this Learned Tribunal with clean hands, placing all material
facts candidly and transparently, and seeking only such relief which is just,
equitable and warranted under the facts and circumstances of the case.
21.
That
it is further submitted that the instant application has been necessitated
solely on account of the exceptional and compelling circumstances presently
faced by the Defendants, particularly the grave medical emergency affecting the
Defendant No. 2, coupled with the unjustified retention of substantial funds by
the Applicant Bank without conclusion of the proposed OTS. The relief sought
herein is thus not only reasonable but also essential to prevent miscarriage of
justice and to mitigate irreparable hardship.
22.
That
it is respectfully submitted that allowing the present application would
subserve the ends
of justice, uphold the principles of fairness and equity, and
reinforce the confidence of litigants in the justice delivery system. On the
contrary, denial of the relief sought would result in grave injustice,
irreparable injury and undue hardship to the Defendants, in circumstances where
immediate judicial intervention is most warranted.
23.
That
the present application is, therefore, made in the true spirit of justice,
equity and good conscience, and it is humbly prayed that this Learned Tribunal
may be pleased to grant the reliefs as prayed for in the interest of
administration of justice.
In the premises
aforesaid, it is most humbly prayed that Your Honour may graciously be pleased
to;
a) Direct the
Applicant Bank to forthwith refund the sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only)
deposited by the Defendants under the proposed OTS Scheme dated 15.12.2025,
along with applicable interest;
b) Pass an interim order directing immediate
release/refund of the said amount, considering the urgent and life-threatening
medical condition of the Defendant No. 2;
c) Direct the
Applicant Bank to place on record the status of the OTS proposal and justify
retention of the said money;
d) Pass such further
or other order(s) as Your Honour may deem fit and proper for the end of Justice.
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, 2, 3, 5, 6, 7, & 8, of the foregoing
application are true to my knowledge and those made in paragraphs 4, 9, 10,
& 11 are based on information derived from records and believed by me to be
true.
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
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