IN THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND.
FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001,
WEST BENGAL
Ο.Α. ΝΟ. OF
2023
PUNJAB NATIONAL BANK.
(Erstwhile United
Bank of India)
……...APPLICANT
-VS-
M/S.
H.M.ENTERPRISE AND OTHERS
…..….DEFENDANTS
|
SL. NO |
DATE |
EVENT |
|
1. |
31/07/2017 |
The
Defendant Nos. 2 and 3 submitted an application for purchasing the car in
favour of the Applicant Bank |
|
2. |
01/08/2017 |
The
applicant Bank sanctioned the said car loan in favour of the Defendant Nos. 2
and 3 and the Defendant Nos. 2 and 3 accepted the terms and conditions of the
said sanction letter. |
|
3. |
04/08/2017 |
The
Registering Authority of State Transport Department, Murshidabad RTO issued
Certificate of Registration and hypothecated the Motor Vehicle in favour of
the Applicant Bank. |
|
4. |
01/08/2017 |
The
Defendant Nos. 2 and 3 executed Letter of Undertaking to deduct the EMI Loan
in favour of the Applicant Bank. |
|
5. |
01/11/2017 |
The
Defendant No. 2 submitted loan application for the purpose of construction of
her house in favour of the Applicant Bank. |
|
6. |
18/11/2017 |
The
Applicant Bank sanctioned the house building loan in favour of the Defendant
No. 2. |
|
7. |
18/11/2017 |
The
Defendant No. 2 executed loan documents in favour of the Applicant Bank. |
|
8. |
23/02/2018 |
The
Defendant No. 2 extended of Equitable Mortgage by depositing original Title
Deed being Deed No. I-2179 for the year, 2000 in favour of the Applicant
Bank. |
|
9. |
01/08/2018 |
The
Applicant Bank sanctioned cash credit loan of Rs. 40,00,000/- only in favour
of the Defendant Nos. 2 and 3 as a partners of the Defendant No. 1 accepted
the terms and conditions of the said Sanction letter. |
|
10. |
01/08/2018 |
The
Defendant Nos. 2 and 3 as a partners of the Defendant No. 1 executed several
loan documents in favour of the Applicant Bank. |
|
11. |
01/08/2018 |
The
Defendant Nos. 2 and 3 executed Guarantee Agreement in favour of the
Applicant Bank |
|
12. |
04/05/2020 |
The
Defendant No. 1 through the partners Defendant No. 2 and 3 submitted an
application in favour of the Applicant Bank and the applicant Bank sanctioned
PNB COVID-19 loan of Rs. 4,00,000/- only in favour of the Defendant No. 1
through the partners Defendant Nos. 2 and 3 accepted the terms and conditions
of the said sanction letter. |
|
13. |
04/05/2020 |
The
Defendant No. 1 through the partners Defendant Nos. 2 and 3 executed several
loan documents in favour of the Applicant Bank. |
|
14. |
02/07/2021 |
That
the Applicant Bank issued Demand Notice under Section 13(2) of the SARFAESI
Act, 2002. |
|
15. |
11/03/2023 |
The
Applicant Bank valued the Mortgage property created by the Defendant No. 2. |
|
16. |
30/11/2023 |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/- only in Car
loan Account being account No. 0822300036944, Rs.22,74,095.87/- only in Term
Loan Account under Housing Loan Scheme being Account No. 0700306734640,
Rs.62,62,981/- only in Cash Credit Loan Account being Account No. 0700250032294
and Rs.5,28,160/- only in GECL Loan Account being Account No. 0700306740359). |
|
17. |
01/12/2023 |
The
Applicant is entitled to get pendent-lite and future interest at the
contractual rate till realization of the entire amount. |
O.A.
No........ of 2023
PUNJAB NATIONAL BANK
(Erstwhile
United Bank of India)
…....APPLICANT
-VS-
M/S.H.M.ENTERPRISE
AND OTHERS
…...DEFENDANT
I N D E X
|
SL NO |
DOCUMENTS |
ANNEXURES |
PAGE NO |
|
1. |
Application
Under Section 19 and Evidence-In-Chief |
|
1-43 |
|
2. |
Copy
of Loan application dated 31/07/2017. |
"A" |
44-49 |
|
3. |
Copy
of Sanctioned Letter under Car loan dated 01/08/2017 |
"B" |
50-51 |
|
4. |
Copy
of quotation issued by the Beekay Auto Pvt. Ltd. dated 25/07/2017 |
"C" |
52-58 |
|
5. |
Copy
of Certificate Of Registration issued by State Transport Department
Murshidabad RTO dated 04/08/2017. |
"D" |
59-60 |
|
6. |
Copy
of letter of Undertaking to deduct EMI of Loan dated 01/08/2017. |
"E" |
61 |
|
7. |
Copy
of Loan application under housing loan scheme dated 01/11/2017. |
"F" |
62-65 |
|
8. |
Copy
of Sanctioned Letter under Housing loan Scheme dated 18/11/2017 |
"G" |
66-68 |
|
9. |
Copy
of standing instruction to deduct EMI submitted by the Defendant No. 2 dated
18/11/2017. |
"H" |
69 |
|
10. |
Copy
of Letter from borrower for Disbursement of loan executed by the Defendant
No. 2 dated 18/11/2017. |
"I" |
70 |
|
11. |
Copy
of Letter of Lien dated 18/11/2017. |
"J" |
71-73 |
|
12. |
Copy
of Demand Promissory Note dated 18/11/2017. |
"K" |
74 |
|
13. |
Copy
of Consent Clause to be taken from the borrower dated 18/11/2017. |
"L" |
75 |
|
14. |
Copy
of Power of Attorney dated 18/11/2017. |
"M" |
76-79 |
|
15. |
Copy
of Undertaking Cum Declaration executed by the Defendant No. 2 dated
18/11/2017. |
"N" |
80-82 |
|
16. |
Copy
of Agreement under United Housing loan Scheme dated 18/11/2017. |
"0" |
83-89 |
|
17. |
Copy
of Title Deed being Deed No. 2179 for the year 2000 along with translation
copy of Title Deed. |
"P TO P/1" |
90-98 |
|
18. |
Copy
of L.R. Khatian being No. 2417 dated 30/12/2009 along with translation copy |
"Q TO Q/1" |
99-100 |
|
19. |
Copy
of Extension of Equitable Mortgage dated 23/02/2018. |
"R" |
101 |
|
20. |
Copy
of Specimen entry in the Title Deed register relating to mortgage by deposit
of Title Deed dated 27/03/2018. |
"S" |
102 |
|
21. |
Copy
of sanction letter under Cash Credit loan scheme dated 01/08/2018. |
"T" |
103-107 |
|
22. |
Copy
of Certificate of Enrolment dated 14/07/2018. |
"T/1" |
108-109 |
|
23. |
Copy
of Demand Promissory Note dated 01/08/2018. |
"U" |
110 |
|
24. |
Copy
of Letter of Lien dated 01/08/2018. |
"V" |
111-112 |
|
25. |
Copy
of Hypothecation Agreement dated 01/08/2018. |
"W" |
113-122 |
|
26. |
Copy
of Power of Attorney dated 01/08/2018. |
"X" |
123-126 |
|
27. |
Copy
of Letter of Continuity dated 01/08/2018. |
"Y" |
127 |
|
28. |
2
(two) Copies of Letter of Guarantee along with consent clause dated
01/08/2018. |
"Z TO Z/1" |
128-141 |
|
29. |
Copy
of loan application along with sanction letter under PNB COVID-19 Loan scheme
dated 04/05/2020. |
"AA" |
142-149 |
|
30. |
Copy
of Demand Promissory Note dated 04/05/2020. |
"AB" |
150 |
|
31. |
Copy
of Agreement of Loan dated 04/05/2020. |
"AC" |
151-160 |
|
32. |
Copy
of Agreement/Undertaking to Mortgage executed by the Defendant Nos. 2 and 3
as a partners of Defendant No. 1 dated 04/05/2020. |
"AD" |
161-167 |
|
33. |
Copy
of Undertaking for COVID-19 loan executed by the Defendant Nos. 2 and 3 as a partners of Defendant No. 1 dated
04/05/2020. |
"AE" |
168-169 |
|
34. |
Copy
of 13(2) Notices issued the Authorized Officer of the Applicant Bank dated
02/07/2021. |
"AF" |
170-172 |
|
35. |
2
(two) Copies of Track Reports. |
AG to "AG/1" |
173-175 |
|
36. |
Statement
of Account of Car Loan being Account No. 0822300036944 with Banker's
Certificate. |
"AH" |
176-180 |
|
37. |
Statement
of Account of Term Loan being Account No. 0700306734640 with Banker's
Certificate. |
"AH/1" |
181-185 |
|
38. |
Statement
of Account of Cash Credit Loan being Account No. 0700250032294 with Banker's Certificate. |
"AH/2" |
186-192 |
|
39. |
Statement
of Account of GECL Loan being Account No. 0700306740359 with Banker's
Certificate. |
"AH/3" |
193-197 |
|
40. |
Copy
of Valuation report dated 11/03/2023. |
"AI" |
198-210 |
APPLICATION UNDER
SECTION 19 OF THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 (AMENDMENT
ACT, 2016).
FOR USE IN TRIBUNAL'S
OFFICE:
DATE OF FILING: / /2023
REGISTRATION NO of 2023
.........REGISTRAR
IN THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND. FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001, WEST BENGAL
Ο.Α.
ΝΟ. OF 2023
PUNJAB NATIONAL BANK.
(Erstwhile
United Bank of India)
...APPLICANT
-VS-
M/S
H.M.ENTERPRISE AND OTHERS
…..DEFENDANTS
ADVOCATE
FOR THE APPLICANT BANK.
SRI
PRABIR KUMAR SIKDAR,
"MATRIBHUMI",
20,
PANCHANAN SARANI,
ASHRAMPARA,
SILIGURI,
P.O.
& P.S. SILIGURI,
DISTRICT
DARJEELING,
PIN
CODE-734-001.
Enrolment
No. WB-406 of 1982
Mob: 98325-06418.
IN THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND. FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001,
WEST BENGAL
OA
NO. OF 2023
PUNJAB NATIONAL BANK.
(Erstwhile
United Bank of India)
...APPLICANT
-VS-
M/S
H.M.ENTERPRISE AND OTHERS
…..DEFENDANTS
CONSISE
STATEMENT
That a sum of Rs.95,63,554.87 (Rupees
Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and paisa eighty
seven) only (out of which a sum of Rs.4,98,318/- only in Car loan Scheme,
Rs.22,74,095.87/- only in Term Loan Account, Rs.62,62,981/- only in Cash Credit
Loan Account andRs.5,28,160/- only in GECL Loan Account) mention in the
Application Plus further interest on and from 30/11/2023, costs and expenses
being recovery of debts that has become due and payable by the Defendants to
the Applicant. The defendants committed various breach of the terms and
conditions upon which the facility was granted. And despite demand, the
defendants have failed to repay the Applicant's due details whereof have been
stated in the instant Application.
F O R M
(RULE-4)
APPLICATION
UNDER SECTION 19 OF THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 (AMENDMENT
ACT, 2016),
FOR USE IN TRIBUNAL'S
OFFICE:
DATE
OF FILING: /
/2023
REGISTRATION NO..............
of 2023
.........REGISTRAR
IN THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND. FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001,
WEST BENGAL
B
E T W E E N
PUNJAB NATIONAL BANK
(Erstwhile United Bank of India), a body Corporate, Constituted under the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having
its Head office at Plot No- 4, Sector 10, Dwarka, New Delhi-110-075 having its
branch Office at Nimtala Chunakhali Branch, P.O. and P.S. Berhampore, District
Murshidabad and its Circle Office at Murshidabad Circle Office, 26/11, Sahid
Surya Sen Road, P.S. Berhampore, District-Murshidabad, Pin Code-742-101.
….....APPLICANT
-VERSUS-
1) M/S.H.M.ENTERPRISE,
a Partnership Firm having its office at Vill. Ustia, Dharapara, Post Office
Muktinagar, Police Station Berhampore, District Murshidabad, Pin Code -742-102.
2) MRS. HASNA BEWA, Wife of Late Janaruddin Sk, Partners of M/S.H.M.
Enterprise, Muslim by religion, Business by occupation, residing at Vill.
Ustia, Post Office Muktinagar, Police
Station Berhampore, District Murshidabad, Pin Code -742-102.
3) MR. MEHBUB SK, Son of Late Janaruddin Sk, Partners of M/S. H.M.
Enterprise, Muslim by religion, Business by occupation, residing at Vill.
Ustia, Post Office Muktinagar, Police
Station Berhampore, District Murshidabad, Pin Code-742-102.
……..DEFENDANTS
APPLICATION FOR
RECOVERY OF MONEY LENT AND ADVANCE WITH INTEREST VALUED AT Rs.95.63,554.87AND
FOR OTHER RELIEFS.
Date of Application:
__/__/2023.
1. Particulars of the
Applicant:
i.
Name of the Applicant : Punjab National Bank.
ii.
Address of Registered/
Head
Office : Plot
No 4, Sector 10, Dwarka, New Delhi - 110075
iii.
Address for service of all notice :
a) Chief Manager, Circle SASTRA Murshidabad,
Circle Office at Murshidabad Circle Office, 26/11, Sahid Surya Sen Road, P.S.
Berhampore, District Murshidabad, Pin
Code-742-101.
b)
Sri Prabir Kumar Sikdar, Advocate, 20
Panchanan Sarani, "MATRIBHUMI", Ashrampara, P.O. and P.S. Siliguri,
District Darjeeling, Pin Code -734-001.
2.
PARTICULARS OF THE DEFENDANTS:
i.
Name of the defendants : 1) M/S H.M. Enterprise.
2) Mrs. Hasna Bewa.
3) Mr. Mehbub sk.
ii.
Office address of
the defendant No. 1. :
M/S.H.M.ENTERPRISE, a Partnership Firm having its office at Vill. Ustia, Dharapara,
Post Office Muktinagar, Police Station Berhampore, District Murshidabad, Pin
Code - 742-102.
iii)
Residential address of
the
defendants No. 2. :
MRS. HASNA BEWA, Wife of Late Janaruddin Sk,
Partners of M/S.H.M. Enterprise, of Vill. Ustia,Post Office Muktinagar, Police
Station Berhampore, District Murshidabad, Pin Code-742-102.
iv)
Residential address of
the
defendants No. 3. :
MR.
MEHBUB SK, Son of Late Janaruddin Sk., Partners of M/S. H.M. Enterprise, of
Vill. Ustia, Post Office Muktinagar, Police Station Berhampore, District
Murshidabad, Pin Code-742-102.
v)
Address for service of
Notice upon the defendants . : As above.
3.
JURISDICTION OF THE TRIBUNAL :
The claim of the Applicant is more
than Rs. 20.00 lacs. The agreements were entered into, credit facilities were
sanctioned, account opened and operated, the defendants executed documents,
committed default, the Applicant issued demand letters, the defendants
committed breach of the agreed terms and conditions all at Punjab National
Bank, Nimtala Chunakhali Branch, P.O. and P.S. Berhampore, District Murshidabad
and as such all the cause of action arose within the jurisdiction of the
Learned Tribunal which is, therefore, entitled to entertain, try and determine
this application.
3A.
DETAILS OF DEBT AND ASSETS:
|
i)
Total amount of debt claimed as on the date to be specified |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
Scheme, Rs.22,74,095.87 /- only in Term / only in Term Loan Account,
Rs.62,62,981/- only in Cash Credit Loan
Account and Rs.5,28,160/- only in GECL Loan Account) as on 30/11/2023 |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
Scheme, Rs.22,74,095.87 /- only in Term / only in Term Loan Account,
Rs.62,62,981/- only in Cash Credit Loan
Account and Rs.5,28,160/- only in GECL Loan Account) as on 30/11/2023 |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
Scheme, Rs.22,74,095.87 /- only in Term / only in Term Loan Account,
Rs.62,62,981/- only in Cash Credit Loan Account and Rs.5,28,160/- only in
GECL Loan Account) as on 30/11/2023 |
|
ii)Amount
of Debt as on specified date, secured by security interest over properties or
Assets of the defendant with particulars properties and Assets |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
scheme, Rs.22,74,095.87
/-only in Term Loan Account, Rs.62,62,981/-only in Cash Credit Loan Account
and Rs.5,28,160/-only in GECL Loan Account) as on 30/11/2023 |
Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
scheme, Rs.22,74,095.87
/-only in Term Loan Account, Rs.62,62,981/-only in Cash Credit Loan Account
and Rs.5,28,160/-only in GECL Loan Account) as on 30/11/2023 |
(Hypothecated
goods) ALL
THAT stocks of all tangible moveable property such as stocks of Paddy, Jute
and seasonal crops, stock in trade and goods of the borrower which now or
hereafter from time to time during the security shall be brought in stored or
be in or
about the premises or godown of the borrower at Vill. Ustia, Dharapara, Post
Office Muktinagar, Police Station Berhampore, District Murshidabad, Pin
Code-742-102. IMMOVABLE
PROPERTY OF THE DEFENDANT No. 2 Deed No.
I-2179/2000 ALL
THAT PIECE OR PARCEL OF land measuring 3.50 Decimal together with two storied
residential building with brick wall and RCC roofed standing on the land
situated at Mouza Janmahammadpur, J.L. No. 112, Khatian No. 2417 (L.R.), Plot
No. 2503 (L.R.), P.O. Muktinagar, P.S. Berhampore Town, District Murshidabad.
The said land and building is butted and bounded as follows:- NORTH-Kutcha
Road, SOUTH- House of Rasimuddin
Mondal, EAST House of Morjina
Bibi, West-Bapi Sk. |
|
iii)
Estimated value of the properties and Assets over
which security interest is created |
Rs.28,83,600/-(Rupees
twenty eight lakhs and eighty three thousand and Six Hundred) only as on
11/03/2023 |
Rs.28,83,600/-(Rupees
twenty eight lakhs and eighty three thousand and Six Hundred) only as on
11/03/2023 |
Rs.28,83,600/-(Rupees
twenty eight lakhs and eighty three thousand and Six Hundred) only as on
11/03/2023 |
|
iv)
If estimated value is not adequate to cover the total Debt claim with future
interest particulars of any other properties or Assets known to the applicant
with estimated value of such other properties or Assets |
Not
Applicable |
Not
Applicable |
Not
Applicable |
|
v)
Amount of unsecured Debt or portion of Debt not covered by estimated value of
secured properties and other properties |
Unsecured
amount of Rs. 66,79,954.87 ( Rupees Sixty six lakhs seventy nine thousand
nine hundred fifty four and paisa eighty seven) only |
Unsecured
amount of Rs. 66,79,954.87 ( Rupees Sixty six lakhs seventy nine thousand
nine hundred fifty four and paisa eighty seven) only |
Unsecured
amount of Rs. 66,79,954.87 ( Rupees Sixty six lakhs seventy nine thousand
nine hundred fifty four and paisa eighty seven) only |
4. LIMITATION:
The Applicant further declares that
this application is filed within the period of limitation prescribed in Section
24 of the Recovery of Debts due and Bankruptcy Act, 1993 for the reasons, inter-alia,
that the defendants executed several documents firstly on 01/08/2017 when the
Applicant Bank sanctioned car loan upto the limit of Rs.6,01,000/- only in
favour of the Defendant Nos. 2 and 3, thereafter on 18/11/2017 when the
Applicant Bank sanctioned house building loan upto the limit of Rs.18,00,000/-
only in favour of the Defendants, on 01/08/2018 when the Applicant Bank
sanctioned Cash Credit loan upto the limit of Rs.40,00,000/- only in favour of
the Defendant No. 1 for the purpose of business of stock of paddy, jute and
seasonal crops and thereafter on 01/08/2018 when the Defendants executed
several documents in favour of the Applicant Bank and lastly on 04/05/2020 the
Defendant applied for loan under PNB COVID-19 Scheme for sum of Rs. 4,00,000/-
only for working capital and the Applicant Bank has accorded sanction the said
PNB Covid-19 loan on 04/05/2020 in favour of the Defendants. The Defendant No.
2 as the mortgagor of the landed property on 12/04/2017 has extended the
Equitable Mortgage in favour of the Applicant Bank and moreover the Defendants
lastly on 25/11/2021 has deposited a sum of Rs.20,000/- only in cash in their
aforesaid Car Loan Account being No. 0822300036944 and the Defendants also
lastly on 07/08/2020 has deposited a sum of Rs.4,50,000/- only in their cash
credit loan account being No.0700250032294and as such the limitation for filing
this OA will be counted Under Article 62 of the Limitation Act, 1963 i.e.
twelve years and the instant OA is filed within the period of limitation.
5. FACTS OF THE CASE:
I.
The Applicant Bank is a Body
Corporate, Constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 having its Head office at Plot No- 4, Sector 10,
Dwarka, New Delhi-110075 having its Circle Office at Murshidabad Circle Office,
26/11, Sahid Surya Sen Road, P.S. Berhampore, District- Murshidabad, Pin
Code-742-101.
II.
At all material times the defendant
No. 1 is a Partnership Firm carrying on Business of stocks of Paddy, Jute and
seasonal crops under the name and style of M/S.H.M.Enterprise and the Defendant
Nos.2 and 3 are the partners and personal guarantors for the Defendant No. 1
and the Defendant No. 2 has created Equitable Mortgage of her landed property
by depositing the Original Title Deed with the Applicant Bank.
III.
That the defendant Nos. 2 and 3 on 31/07/2017
submitted an application for Purchasing one Car with the erstwhile United Bank
of India in writing in the prescribe from of the Applicant Bank. The copy of
the said loan application for purchasing car is annexed herewith and marked as ANNEXURE-"A".
IV.
That thereafter the erstwhile the then Chief
Manager of the Applicant Bank on 01/08/2017 accorded sanctioned a sum of
Rs.6,01,000/- only in favour of the Defendant Nos. 2 and 3 for the purpose of
purchasing the car namely Swift Desire after verifying the business status of
the Defendant Nos. 2 and 3 on condition that the interest shall be floating
rate at MCLR BR +.25% i.e. 9% P.A. subject to change with revision of Bank's BR
and also on condition the EMI of the said loan shall be Rs.9,670/- only per
month and the Defendant Nos. 2 and 3 shall hypothecate the said car namely
Swift Desire. The Defendant Nos. 2 and 3 has accepted the terms and condition
of the said loan by putting their signatures on the said sanction letter. The
copy of the said sanction letter dated 01/08/2017 along with business
verification report are annexed herewith and marked as ANNEXURE- "B" COLLECTIVELY.
V.
That the Defendant Nos. 2 and 3 along
with the said application for Car Loan has filed the quotation issued by the
dealer Beekay Auto Pvt. Ltd. of Jalangi Road, Banjatia, Berhampore to the
Applicant Bank. The copies of the said quotation are annexed herewith and
collectively marked as ANNEXURE-
"С".
VI.
That thereafter the Defendant No. 2 on
04/08/2017 submitted the copy of certificate of registration of the said motor
car issued by the Registering Authority of State Transport Department,
Murshidabad RTO with the Applicant Bank. The copy of the said Certificate of
Registration is annexed herewith and marked as ANNEXURE- "D".
VII.
That the Defendant Nos. 2 and 3 on 01/08/2017
submitted one letter of undertaking to deduct EMI of the aforesaid car loan of
Rs.9,670/- only from their Savings Account being No. 0700011284663 lying in the
said branch. The copy of the said letter of undertaking to deduct EMI is
annexed herewith and marked as ANNEXURE-
"E”.
VIII.
That thereafter during the continuance
of the said loan the Defendant No. 2 on 01/11/2017 applied for one housing loan
in the prescribed form with the Applicant Bank for Rs.18,00,000/- (Rupees
eighteen lakhs) only for the purpose of construction of house. The copy of the
said loan application dated 01/11/2017 is annexed herewith and marked as ANNEXURE- "F".
IX.
That thereafter the Applicant Bank on
18/11/2017 has accorded sanctioned to the Defendant No. 2 upto the limit of
Rs.18,00,000/- only for construction of house on condition that the interest
shall be floating rate of interest at present 8.45% subject to change as per
directive of the Reserve Bank of India and also on condition that the Defendant
No. 2 shall pay EMI of Rs.17,260/- only and also on condition that the
Defendant No. 2 shall create equitable mortgage of land and building of Mouza
Janmahammadpur, Under Hatinagar Panchayat measuring 3.50 Decimals bearing Plot
No. 2503, District Murshidabad. The Defendant No. 2 has accepted the terms and
conditions of the said loan by putting his signature on the said sanction
letter. The copy of the said sanction letter is annexed herewith and marked as ANNEXURE- "G”.
X.
That the Defendant No. 2 on 18/11/2017 has
submitted on standing instruction to deduct EMI month by month from her Savings
Bank account being Account No. 0700250030834 lying with the Applicant Bank. The
copy of the said letter of standing instruction is annexed herewith and marked
as ANNEXURE- "H".
XI.
That in order to availed the said
Housing Loan the Defendant No. 2 on 18/11/2017 executed the following documents
in favour of the Applicant Bank :-
a)
One letter from borrower, the Defendant No. 2 for disbursement of Loan in
Annexure- 23,
b) One letter of Lien in Annexure- 26,
c) One Demand Promissory Note for
Rs.18,00,000/- only,
d)
One Consent Clause to be taken from the borrower along with documents in
Annexure-30(a).
e)
One Power of Attorney (Authorizing the Bank to create Equitable mortgage) in Annexure- 40
f)
One Undertaking-cum Declaration
g) One Agreement under United Housing
Loan Scheme in Annexure-18.
The
Applicant Bank craves leave to refer the above documents which are annexed
hereto in original at the time of filing evidence in chief and the copies
thereof are filed herewith and marked as ANNEXURES-
'IT', "J", "K", "L", "М", "N"
AND "O" RESPECTIVELY. The defendant No. 2 has executed and
delivered the said documents at the said Branch of the Applicant in usual
course of business.
XII.
That in terms of sanction of the
aforesaid housing loan account the Defendant No. 2 in terms of sanction have
created Equitable Mortgage on 18/11/2017with the Applicant Bank in respect of
her landed property along with L.R. Khatian in respect of land measuring 3.50
Decimals situate at Mouza Janmohammedpur, Touzi No. 16, J.L. No. 112,
appertaining to OLD Khatian No. 176 and 828, R.S. Khatian No. 360 corresponding
to LR Khatian No. 2417, bearing L.R. Plot No. 2503, P.S. Berhampur town,
District Murshidabad by virtue of a registered Deed of Sale registered on
14/03/2000 in the Additional District Sub-Registry Office at Sadar District
Murshidabad Recorded in Book No. I, Volume No. 32, Pages from 51 to 55, being
Deed No. 2179 for the year, 2000 executed by Md. Rashmuddin Mandal, Son of Late
Khosmuddin Mandal of Ustia, P.S. Berhampur, District Murshidabad. The copies of
the said Title Deed, Translation copy of the Title Deed and copy of L.R.
Khatian with Translation copy are annexed herewith and marked as ANNEXURES - "P TO P/1" AND
"Q TO Q/1" RESPECTIVELY.
XIII.
That the Defendant No. 2 on 23/02/2018
executed one Extension of Equitable Mortgage in annexure- 43 in favour of the
Applicant Bank. The copy of the said Extension of Equitable Mortgaged is
annexed herewith and marked as ANNEXURE-
"R".
XIV.
That the Applicant Bank on 27/03/2018 in form
No. D-17 C recorded in the entry of the Title Deed in the register relating to
mortgage by depositing the Title Deed by the Defendant. The copy of the said
specimen entry in the Title Deed register relating to mortgage by depositing
the Title Deed by the Defendant No. 2 is annexed herewith and marked as ANNEXURE- "S".
XV.
That during the continuance of the aforesaid
two loan accounts, the Defendant No. 1 through its Partners the Defendant Nos.
2 and 3 applied for Cash Credit Loan for the purpose of their business of Stock
of Paddy Jute and Seasonal Crops with the Applicant Bank and accordingly the
Applicant Bank on 01/08/2018 accorded sanctioned a sum of Rs.40,00,000/-
(Rupees forty lakhs) only in favour of the Defendant No. 1 of which the
Defendant Nos. 2 and 3 are partners on condition that the rate of interest of the
aforesaid loan shall be MCLR-Y+2.75% as applicable of UBICR-3 presently 11.60%
P.A. with monthly rest. The Defendants have accepted the terms and conditions
of the said loan and put their signatures on the said sanction letter with
rubber stamp. The copy of the said sanction letter dated 01/08/2018 and
Certificate of Enrollment of the Defendant No. 1 firm dated 14/07/2018 are
annexed herewith and marked as ANNEXURES-
"T" AND "T/I".
XVI.
That in order to availed the said Cash Credit
loan facility the Defendants on 01/08/2018 executed the following documents in
favour of the Applicant Bank:-
a) Demand Promissory Noted for Rs.
40,00,000/- only.
b) Letter of Lien in form No. B-4,
c) Hypothecation Agreement
d) Power of Attorney
e) Letter of Continuity with
Consent Clause in form No. D-3,
The Applicant Bank craves leave
to refer the above documents which are annexed hereto in original at the time
of filing evidence in chief and the copies thereof are filed herewith and
marked as ANNEXURES- 'U',
"V", "W", "X" AND "Y" RESPECTIVELY.
The defendants has executed and delivered the said documents at the said Branch
of the Applicant in usual course of business.
XVII.
That the Defendant Nos. 2 and 3 on 01/08/2018
in terms of sanctioned of the aforesaid Cash Credit loan account have stood as
Guarantors for the Defendant No. 1 and they are executed two separate letter of
guarantee in from No. D-21 in favour of the Applicant Bank for the Defendant
No.1. The copies of the said Guarantee Agreements are annexed herewith and
marked as ANNEXURES- "Z"
AND "Z/1" RESPECTIVELY.
XVIII.
That during the pendency of aforesaid loan
accounts the Defendant No. 1 through its partners Defendant Nos. 2 and 3 on
04/05/2020 applied for loan under PNB Covid-19 for Rs.4,00,000/- only for
working Capital in the prescribed format bearing the signature of the Defendant
Nos. 2 and 3. The Senior Manager of the Applicant Bank accorded sanction of the
said loan of Rs.4,00,000/- only in favour of the Defendant No. 1. The copy of
the said loan application along with Sanction order dated 04/05/2020 under PNB
COVID-19 is annexed herewith and marked as ANNEXURE-AA".
XIX.
That the Defendant Nos. 2 and 3 for
self and on behalf of Defendant No. 1 on 04/05/2020 executed following
documents in favour of the Applicant Bank:-
a) One Demand Promissory Note for
Rs. 4,00,000/-only,
b) Agreement for loan of Cash
Credit Limit for Rs.4,00,000/- only.
c) Agreement/Undertaking to
Rs.4,00,000/- only. mortgage for Covid-19 Loan of
d) Letter of Undertaking for COVID-19-EMERGENCY
credit facility by way of standby line of credit for Rs.4,00,000/- only.
The Applicant Bank craves
leave to refer the above documents which are annexed hereto in original at the
time of filing evidence in chief and the copies thereof are filed herewith and
marked as ANNEXURES- 'AB',
"AC", "AD" AND "AE" RESPECTIVELY. The
defendant Nos. 2 and 3 have executed and delivered the said documents at the
said Branch of the Applicant in usual course of business.
XX.
After completion of the aforesaid Banking formalities, the Applicant Bank
allowed the defendant No. 1 through the Defendant Nos. 2 and 3 to avail of the
aforesaid four separate loan accounts facilities and accordingly the said
defendant No. 1 through the Defendant Nos. 2 and 3 as Partners started to avail
the said loan facilities by opening four separate loan accounts Car Loan
Account being Account No. 0822300036944, House Building Loan Account being
Account No. 0700306734640, Cash Credit Loan Account being account No. 0700250032294,
and GECL COVID-19 loan Account being Account No. 0700306740359 maintain at
Nimtala Chunakhali Branch at Murshidabad.
XXI.
That on request of the Defendant Nos.
2 and 3 above named the aforesaid four loan accounts as stated herein above
sanctioned from time to time was granted in the name of Partners of the
Defendant No. 1 and the aforesaid mortgaged property and the Hypothecated Goods
of the Business of the entire Loan accounts.
XXII.
At all material times, the Applicant Bank
maintained the said loan Accounts of the defendant No. 1 of all dealing and
transactions between the Applicant Bank and the defendant No. 1 wherein the
Applicant Bank debited the defendant No. 1 with all sums of money paid to the
defendant No. 1 by the Applicant Bank and credited the defendant No.1 with all
sums of money paid by the defendant No. 1 to the Applicant Bank. At all
material times the Applicant Bank maintained the said loan accounts according
to English Calendar year.
XXIII.
That thereafter the Authorized Officer
of the Applicant Bank on 02/07/2021 issued three separate notices Under Section
13(2) of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 upon the defendants by Registered
Post wherein the authorized Officer requested the defendants to discharge in
full liabilities within a period of 60 (sixty) days from the date of receipt of
the said demand notices. But inspite of receipt of the said notices the
defendants did not comply the same. The copies of the said demand notices dated
02/07/2021 and track reports are annexed herewith and marked as ANNEXURES- "AF" AND "AG
TO AG/1" RESPECTIVELY.
XXIV. In the premises there has now become due and
payable by the defendants to the Applicant Bank a sum of Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/- only in Car loan
Account being account No. 0822300036944, Rs.22,74,095.87/- only in Term Loan
Account under Housing Loan Scheme being Account No. 0700306734640,
Rs.62,62,981/- only in Cash Credit Loan Account being Account No. 0700250032294
and Rs.5,28,160/- only in GECL Loan Account being Account No. 0700306740359) with
interest calculated upto 30/11/2023 and further interest on and from 01/12/2023
till realization.
The
applicant Bank relies on the true extract copies of the statement of accounts
in the books of account maintained at its Siliguri Branch which have been duly
certified under Bankers' Books of Evidence Act. The statement of account of
four separate loan accounts Car Loan, House building Loan, Cash Credit and GECL
Loan accounts are annexed and marked as ANNEXURES-"AH",
"АН/1", "АН/2" AND "AH/3" RESPECTIVELY.
XXV.
That the Defendants lastly on
25/11/2021 has deposited a sum of Rs.20,000/- only in cash in their aforesaid
Car Loan Account being No. 0822300036944 and the Defendants also lastly on
07/08/2020 has deposited a sum of Rs.4,50,000/- only in their cash credit loan
account being No. 0700250032294.
XXVI. That the Applicant Bank has annexed the copy
of valuation report dated 11/03/2023 obtained from the Registered valuer in
respect of the Mortgaged property. The copies of the said valuation Report is
annexed herewith and marked as ANNEXURE
-"AI".
XXVII.
The defendants are thus liable to pay the
Applicant Bank the said sum of Rs.95,63,554.87 (Rupees Ninety-five lakhs
Sixty-three thousand Five hundred Fifty-four and paisa eighty seven) only (out
of which a sum of Rs.4,98,318/- only in Car loan Account being account No.
0822300036944, Rs.22,74,095.87/- only in Term Loan Account under Housing Loan
Scheme being Account No. 0700306734640, Rs.62,62,981/- only in Cash Credit Loan
Account being Account No. 0700250032294 and Rs.5,28,160/- only in GECL Loan
Account being Account No. 0700306740359) mention in the Application Plus
further interest on and from 01/12/2023. The Applicant Bank is, therefore,
entitled to a certificate to recover the sum of Rs.95,63,554.87 (Rupees Ninety-five
lakhs Sixty-three thousand Five hundred Fifty-four and paisa eighty seven) only
(out of which a sum of Rs.4,98,318/-only in Car loan Account being account No.
0822300036944, Rs.22,74,095.87/- only in Term Loan Account under Housing Loan
Scheme being Account No. 0700306734640, Rs.62,62,981/- only in Cash Credit Loan
Account being Account No. 0700250032294 and Rs.5,28,160/- only in GECL Loan
Account being Account No. 0700306740359) mention in the Application Plus
further interest on and from 01/12/2023 from the defendants and further
interest.
XXVIII.
In order to secure the credit
facilities sanctioned to defendant No.1 of which the said Defendant Nos. 2 and
3 are partners and the Defendant Nos. 2 also Extended the Equitable Mortgage
over the immovable property by depositing the original Title Deed in respect
thereof. The detail of the title Deed of the immovable property is more fully
described in schedule "Y" herein below. The Applicant Bank craves
leave to refer to and rely on the said title Deed at the time of filing
evidence on affidavit.
XXIX. That
the Applicant Bank craves leave of this Hon'ble Tribunal to file Additional
Documents, Plaints, Applications, Statements of Accounts etc. during the
proceeding of this case or at the time of filing Evidence on Affidavit or at
the time of hearing, for the proper adjudication of the case and for the
interest of the Justice.
XXX.
The applicant Bank is entitled to the
following declarations :-
a) That the Assets hypothecated
to the Applicant Bank is more fully described in Schedule - "X"
hereof remain so hypothecated and charged to the Applicant Bank.
b) That the immovable Properties
fully mentioned in schedule "Y" is mortgaged to the Applicant Bank.
XXXI. That the cause of action for this case firstly
arose on 01/08/2017 when the Defendant No.2 applied for car loan in favour of
the Applicant Bank, on 01/08/2017 when the Applicant Bank sanctioned the car
loan in favour of the Defendant Nos. 2 and 3, on 01/08/2017 when the Defendant
Nos. 2 and for self and on behalf of the Defendant No. 1 executed the loan
documents in favour of the Applicant Bank, on 18/11/2017 when the Defendant No.
2 applied for house building loan and the Applicant Bank on 18/11/2017
sanctioned the said House Building Loan, on 18/11/2017 when the Defendant No. 2
executed the loan documents for housing loan, on 23/02/2018 when the Defendant
No. 2 executed the Extension of Equitable Mortgaged, on 01/08/2018 when the
Applicant Bank sanctioned cash Credit Loan in favour of the Defendants, on
01/08/2018 when the Defendant No. 2 executed the Extension of Equitable
Mortgage in favour of the Applicant Bank, on 01/08/2018 when the Defendants
executed the loan documents in favour of the Applicant Bank, on 04/05/2020 when
the Defendants applied for loan under COVID-19 Emergency Credit Facility, on
04/05/2020 when the Applicant Bank sanctioned the COVID-19 Emergency loan in
favour of the Defendants, on 04/05/2020 when the Defendants executed loan
documents in favour of the Applicant Bank, on 02/07/2021 when the Applicant
Bank issued Demand Notices upon the Defendants Under Section 13(2) of the
SARFAESI Act, 2002, on 25/11/2021 when the Defendants have deposited a sum of
Rs.20,000/- only in cash in their aforesaid Car Loan Account being No. 0822300036944
and the Defendants also lastly on 07/08/2020 has deposited a sum of Rs.
4,50,000/- only in their cash credit loan account being No. 0700250032294 and
the said cause of action arose at Applicant's Murshidabad Circle Office, 26/11,
Sahid Surya Sen Road, P.S. Berhampore, District- Murshidabad, Pin Code-742-101
where the Applicant Bank carries on business, the defendant executed the
documents and where the defendant is liable to pay his debts to the Applicant
Bank.
XXXII. The
Applicant Bank declares that this application is made bonafide and in the
interest of justice.
6. RELIEF SOUGHT:
In view of the facts
and ground mentioned in Paragraphs 5 above, the Applicant prays for the
following reliefs :-
a)
A certificate be passed for
recoveryRs.95,63,554.87 (Rupees Ninety-five lakhs Sixty-three thousand Five
hundred Fifty-four and paisa eighty seven) only (out of which a sum of
Rs.4,98,318/- only in Car loan Scheme, Rs.22,74,095.87/- only in Term Loan
Account, Rs.62,62,981/- only in Cash Credit Loan Account and Rs.5,28,160/- only
in GECL Loan Account) mention in the Application Plus further interest on and
from 01/12/2023 only against the defendants either jointly and severally with
further interest at the rate of 7.60% per annum with monthly rests in respect of
Car Loan account, 7.10% per annum with monthly rests in respect of House
Building Loan account, 11.40%per annum with monthly rest in respect of Cash
Credit Loan Account and10.10%per annum with monthly rests in respect of GECL
Loan account from 01/12/2023 till realization.
b)
Order for return of the Court Fee deposited by
the Applicant Bank if the Defendants repay the entire outstanding dues in the
loan accounts.
c) Declaration that:
i.
the Assets hypothecated to the
Applicant Bank as more fully described in Schedule "X" remains so
hypothecated and charged to the Applicant Bank.
ii.
the immovable properties in the
Schedule "Y" remain charged and/or mortgaged to the applicant Bank as
first and paramount charge.
d.
Leave to sell the above properties and
to appropriate the proceeds thereof.
e.
The costs of and incidental to this
proceedings already incurred or to be incurred herein be awarded in favour of
the Applicant Bank against all the Defendants either jointly and severally.
f.
Further or other direction be given as
this Learned Tribunal may think fit to meet the ends of justice.
7.
INTERIM ORDER PRAYED FOR:
Pending
final decision on the application, the Applicant Bank seeks issue of the
following interim order :-
a)
A Receiver be appointed to make inventory of the hypothecated assets
detailed in Schedule "X" hereof. The said Receiver be directed to
take over possession and custody of the hypothecated assets of the defendant
No. 1 and sell the assets with the leave of the Learned Tribunal.
b) The defendants and/or their agents or employees be restrained by an
order assets and properties mentioned in Schedules "X" and
"Y", of injunction from alienating or parting with or disposing of or
encumbering the
c) An order of attachment before judgment be issued against the
hypothecated judgment. assets and Mortgaged property and the attached assets
and properties be sold before
d) The defendants be directed to disclose to the Ld. Tribunal
particulars of other properties or Assets owned by the defendants on Affidavit.
e) On the basis of the acknowledgement of demand notices by the
defendants, an interim certificate of Rs.95,63,554.87 (Rupees Ninety-five lakhs
Sixty-three thousand Five hundred Fifty-four and paisa eighty seven) only (out
of which a sum of Rs.4,98,318/- only in Car loan Scheme, Rs.22,74,095.87/- only
in Term Loan Account, Rs.62,62,981/- only in Cash Credit Loan Account and
Rs.5,28,160/- only in GECL Loan Account) may be passed by the Hon'ble Tribunal
against the defendants and the rest of the Applicant's claim against the
defendants be determined after trial.
f)The defendants and/or their servants and/or employees or agents or
attorneys be restrained by an order of injunction from alienating or selling or
parting with or encumbering the immovable property of the defendant No. 2
mentioned in Schedule "Y" hereof.
g) That the Applicant Bank crave
leave to amend the petition as and when required after filing the written
statement by the Defendants and also craves leave to file supplemental evidence
on affidavit after filing the written statements by the Defendants.
h) Such further order or orders and/or direction or directions be passed
as may be deemed fit and proper for interest of justice.
8.
MATTER NOT PENDING WITH ANY COURT ETC.
The Applicant further declares that
the matter regarding which this application has been made for recovery of debts
is not pending before any Court of law or any other authority or any other
Bench of the Tribunal.
9.
PARTICULARS OF BANK DRAFT/POSTAL ORDER IN RESPECT OF The APPLICATION FEE :
i) Name of the Bank on which
drawn - :
ii) Name of the Branch. :
iii) Transaction Id No. : dated
Of Rs.
10.
DETAIL OF DOCUMENTS:
True copies of all documents and evidence of
witnesses along with and index of such documents in duplicate relied upon in
support of the claim.
11.
LIST OF ENCLOSURES:
A list
of enclosures of this application is annexed hereto.
VERIFICATION
I, HIMANSHU KUMAR SAHA, aged about 52 years, Son of late Tapan Kumar
Saha, Hindu by religion, service by occupation at present working at Punjab
National Bank as Chief Manager now posted at Circle SASTRA Murshidabad, Circle
Office Murshidabad, 26/11, Sahid Surya Sen Road, P.S. Berhampore, Dist
Murshidabad, Pin Code-742101 and holding a valid power of attorney from Central
Bank Of India do hereby verify that the contained in paragraphs 1 to 3A and 5
and 8 are based on information derived from the records of the Applicant Bank
which I believe to be true and I have no suppressed any material facts.
PLACE: Berhampore.
DATE: 12/12/2023.
SIGNATURE
AFFIDAVIT
I, HIMANSHU KUMAR SAHA, aged about 52
years, Son of late Tapan Kumar Saha, Hindu by religion, Service by Occupation,
at present working at Punjab National Bank, as Chief Manager now posted at
Circle SASTRA Murshidabad, Circle Office Murshidabad, 26/11, Sahid Surya Sen
Road, P.S. Berhampore, District Murshidabad, Pin Code-742-101, do hereby
solemnly affirm and declare as follows:
1) That I am the Chief Manager of
the Applicant Bank and I am well acquainted with the facts of the present case
and I am authorized to swear this Affidavit.
……………..This is true to my
knowledge.
2) That the statements made in
Paras 1 to 3A, 5 and 8 above are true to my knowledge derived from the Bank's
record and the rest are my submission and I sign this affidavit this the 12th
day of December, 2023 at Berhampore.
DECLARANT
IDENTIFIED BY ME
ADVOCATE:
SILIGURI
Regn. No.
WB/406/1982
To
The Registrar,
Debts Recovery Tribunal, Siliguri,
PCM Tower, 2nd, floor, 2nd mile,
Sevoke Road, Siliguri-734-001,
P.S. Bhaktinagar, District- Jalpaiguri
SCHEDULE
- "Χ"
(Hypothecated
goods)
ALL THAT
stocks of all tangible moveable property such as stocks of Paddy, Jute and
seasonal crops, stock in trade and goods of the borrower which now or hereafter
from time to time during the security shall be brought in stored or be in or
about the premises or godown of the borrower at Vill. Ustia, Dharapara, Post
Office Muktinagar, Police Station Berhampore, District Murshidabad, Pin
Code-742-102.
SCHEDULE
- "Y"
(IMMOVABLE
PROPERTY OF THE DEFENDANT No. 2)
Deed
No. I-2179/2000
ALL THAT PIECE OR PARCEL
of land measuring 3.50 Decimal together with two storied residential building
with brick wall and RCC roofed standing on the land situated at Mouza
Janmahammadpur, J.L. No. 112, Khatian No. 2417 (L.R.), Plot No. 2503 (L.R.),
P.O. Muktinagar, P.S. Berhampore Town, District Murshidabad. The said land and
building is butted and bounded as follows:-
NORTH- Kutcha Road
SOUTH - House of Rasimuddin Mondal,
EAST - House of Morjina Bibi,
West - Bapi Sk
(DESCRIPTION
OF TITLE DEED OF DEFENDANT)
Registered Deed of Sale registered on 14/03/2000in the Additional
District Sub-Registry Office at Sadar District Murshidabad Recorded in Book No.
I, Volume No. 32, Pages from 51 to 55, being Deed No. 2179 for the year, 2000
executed by Md. Rashmuddin Mandal, Son of Late Khosmuddin Mandal of Ustia, P.S.
Berhampur, District Murshidabad.
Ο.Α.
Νo..........of 2023
PUNJAB
NATIONAL BANK
-VS-
M/S.H.M.ENTERPRISE
AND OTHERS.
DOCUMENTS
RELIED UPON
1) All documents
annexed to the application Under Section 19 and marked as Annexure
"A" to "AJ";
2) Application for
Loan, Account opening form with specimen signature card;
3) Ledger, Account Statement,
withdrawal slip and other documents pertaining to the operation of the Term
Loan Account;
4) Documents for Extension of
Equitable Mortgage;
5) Title Deed No.
I-2179 for the year, 2000.
IN
THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND.
FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001,
WEST BENGAL
Ο.Α. ΝΟ. OF 2023
PUNJAB
NATIONAL BANK.
(Erstwhile
United Bank of India)
..................APPLICANT
-VS-
M/S
H.M.ENTERPRISE AND OTHERS
……………DEFENDANTS
LIST
OF DOCUMENTS FILED BY APPLICANT BANK
|
SL
NO |
DOCUMENTS |
EXHIBITS |
PAGE NO |
|
1 |
Evidence-In-Chief. |
|
34-43 |
|
2 |
Original copy of
Loan application dated 31/07/2017. |
“1” |
49 |
|
3 |
Copy of Sanctioned
Letter under Car loan dated 01/08/2017 |
“2” |
50-51 |
|
4 |
Copy of quotation
issued by the Beekay Auto Pvt. Ltd. dated 25/07/2017 |
“3” |
52-58 |
|
5 |
Copy of Certificate
Of Registration issued by State Transport Department Murshidabad RTO dated
04/08/2017. |
“4” |
59-60 |
|
6 |
Original copy of
letter of Undertaking to deduct EMI of Loan dated 01/08/2017. |
“5” |
61 |
|
7 |
Original copy of
Loan application under housing loan scheme dated 01/11/2017. |
“6” |
62-65 |
|
8 |
Copy of sanction
letter under Housing Loan scheme dated 18/11/2017. |
“7” |
66-68 |
|
9 |
Original copy of
standing instruction to deduct EMI submitted by the Defendant No. 2 dated
18/11/2017. |
“8” |
69 |
|
10 |
Original copy of
Letter from borrower for Disbursement of loan executed by the Defendant No. 2
dated 18/11/2017. |
“9” |
70 |
|
11 |
Original copy of
Letter of Lien dated 18/11/2017. |
“10” |
71-73 |
|
12 |
Original copy of
Demand Promissory Note dated 18/11/2017. |
“11” |
74 |
|
13 |
Original copy of
Consent Clause to be taken from the borrower dated 18/11/2017. |
“12” |
75 |
|
14 |
Original copy of
Power of Attorney dated 18/11/2017. |
“13” |
76-79 |
|
15 |
Original copy of
Undertaking Cum Declaration executed by the Defendant No. 2 dated 18/11/2017. |
“14” |
80-82 |
|
16 |
Original copy of
Agreement under United Housing loan Scheme dated 18/11/2017. |
“15” |
83-89 |
|
17 |
Original copy of
Title Deed being Deed No. 2179 for the year 2000 along with translation copy
of Title Deed. |
“16 TO 16/1” |
90-98 |
|
18 |
Original copy of
L.R. Khatian being No. 2417 dated 30/12/2009 along with translation copy. |
“17 TO 17/1” |
99-100 |
|
19 |
Original copy of
Extension of Equitable Mortgage dated 23/02/2018. |
“18” |
101 |
|
20 |
Original copy of
Specimen entry in the Title Deed register relating to mortgage by deposit of
Title Deed dated 27/03/2018. |
“19” |
102 |
|
21 |
Copy of sanction
letter under Cash Credit loan scheme dated 01/08/2018. |
“20” |
103-107 |
|
22 |
Copy of Certificate
of Enrolment dated 14/07/2018. |
“20/1” |
108-109 |
|
23 |
Original copy of
Demand Promissory Note dated 01/08/2018. |
“21” |
110 |
|
24 |
Original copy of
Letter of Lien dated 01/08/2018. |
“22” |
111-112 |
|
25 |
Original copy of
Hypothecation Agreement dated 01/08/2018. |
“23” |
113-122 |
|
26 |
Original copy of
Power of Attorney dated 01/08/2018. |
“24” |
123-126 |
|
27 |
Original copy of
Letter of Continuity dated 01/08/2018. |
“25” |
127 |
|
28 |
2 (two) Original
copies of Letter of Guarantee along with consent clause dated 01/08/2018. |
“26 TO 26/1” |
128-141 |
|
29 |
Original copy of
loan application along with sanction letter under PNB COVID-19 Loan scheme dated
04/05/2020. |
“27” |
142-149 |
|
30 |
Original copy of
Demand Promissory Note dated 04/05/2020. |
“28” |
150 |
|
31 |
Original copy of
Agreement of Loan dated 04/05/2020. |
“29” |
151-160 |
|
32 |
Original copy of Agreement/Undertaking
to Mortgage executed by the Defendant Nos. 2 and of Original copy 3 as a
partners of Defendant No. 1 dated 04/05/2020. |
“30” |
161-167 |
|
33 |
Original copy of
Undertaking for COVID-19 loan executed by the Defendant Nos. 2 and 3 as a
partners of Defendant No. 1 dated 04/05/2020. |
“31” |
168-169 |
|
34 |
Copy of 13(2)
Notices issued the Authorized Officer of the Applicant Bank dated 02/07/2021. |
“32” |
170-172 |
|
35 |
2 (two) Copies of
Track Reports. |
“33 TO 33/1” |
173-175 |
|
36 |
Statement of
Account of Car Loan being Account No. 0822300036944 with Banker's Certificate. |
“34” |
176-180 |
|
37 |
Statement of
Account of Term Loan being Account No. 0700306734640 with Banker's
Certificate. |
“34/1” |
181-185 |
|
38 |
Statement of
Account of Cash Credit No. with Banker's Loan being Account 0700250032294
Certificate. |
“34/2” |
186-192 |
|
39 |
Statement of
Account of GECL Loan being Account No. 0700306740359 with Banker's
Certificate. |
“34/3” |
193-197 |
|
40 |
Original copy of
Valuation report dated 11/03/2023 |
“35” |
198-210 |
IN
THE DEBTS RECOVERY TRIBUNAL, SILIGURI
2ND.
FLOOR, PCM TOWER, 2ND MILE, SEVOKE ROAD,
SILIGURI-734-001,
WEST BENGAL
Ο.Α.
ΝΟ. OF 2023
PUNJAB NATIONAL BANK.
(Erstwhile United Bank of India)
………...APPLICANT
-VS-
M/S H.M.ENTERPRISE AND OTHERS
……………DEFENDANTS
EVIDENCE
ON AFFIDAVIT ON BEHALF OF THE APPLICANT BANK AS PW-1
I, HIMANSHU KUMAR SAHA, aged
about 52 years, Son of late Tapan Kumar Saha, Hindu by religion, Service by
Occupation, at present working at Punjab National Bank, as Chief Manager now
posted at Circle SASTRA Murshidabad, Circle Office Murshidabad, 26/11, Sahid
Surya Sen Road, P.S. Berhampore, District Murshidabad, Pin Code-742-101do
hereby solemnly affirm and declare as follows:
1) That I am an employee of
Punjab National Bank and thereafter on elevation of higher assignment and on
transfer at various places presently I am working as the Chief Manager, Punjab
National Bank, Circle SASTRA Murshidabad, Circle Office Murshidabad, 26/11,
Sahid Surya Sen Road, P.S. Berhampore, District Murshidabad, Pin Code-742-101.
2) During my tenure of
service as the Chief Manager I have made myself acquainted with the facts of
the case filed by the Bank against M/S H.M.Enterprise and Others before the Ld.
Debts Recover Tribunal at Siliguri for issuance of a certificate for a sum of
Rs.95,63,554.87 (Rupees Ninety-five lakhs Sixty-three thousand Five hundred
Fifty-four and paisa eighty seven) only (out of which a sum of Rs.4,98,318/-
only in Car loan Scheme, Rs.22,74,095.87/- only in Term Loan Account,
Rs.62,62,981/- only in Cash Credit Loan Account and Rs.5,28,160/- only in GECL
Loan Account) with further interest on and from 01/12/2023 till realization. I
am conversant with the facts of the case and I have every authority to depose
on behalf of the Bank in the instant proceedings.
3) I say that at all
material times the defendant No. 1 is a Partnership Firm carrying on Business
of stocks of Paddy, Jute and seasonal crops under the name and style of M/S. H.M.
Enterprise and the Defendant Nos.2 and 3 are the partners and personal
guarantors for the Defendant No. 1 and the Defendant No. 2 has created
Equitable Mortgage of her landed property by depositing the Original Title Deed
with the Applicant Bank.
4) I further say that the
defendant Nos. 2 and 3 on 31/07/2017 submitted an application for Purchasing
one Car with the erstwhile United Bank of India in writing in the prescribe
from of the Applicant Bank. This is the original copy of the said loan
application dated 31/07/2017 duly signed by the Defendant Nos. 2 and 3. I know
their signatures. The original copy of the said loan application for purchasing
car is filed herewith and marked as EXHIBIT-
"1".
5) I say that the then
Chief Manager of the Applicant Bank on 01/08/2017 accorded sanctioned a sum of
Rs.6,01,000/- only in favour of the Defendant Nos. 2 and 3 for the purpose of
purchasing the car namely Swift Desire after verifying the business status of
the Defendant Nos. 2 and 3 on condition that the interest shall be floating
rate at MCLR BR +.25% i.e. 9% P.A. subject to change with revision of Bank's BR
and also on condition the EMI of the said loan shall be Rs.9,670/- only per
month and the Defendant Nos. 2 and 3 shall hypothecate the said car namely
Swift Desire. The Defendant Nos. 2 and 3 has accepted the terms and condition
of the said loan by putting their signatures on the said sanction letter. This
is the copy of the said sanction letter duly signed by the Defendant Nos. 2 and
3 and the Chief Manager of the Applicant Bank has also put the signature on the
said sanction letter. I know their signatures. The copy of the said sanction
letter dated 01/08/2017 along with business verification report are filed herewith
and marked as EXHIBIT- "2"
COLLECTIVELY.
6) I further say that the
Defendant Nos. 2 and 3 along with the said application for Car Loan has filed
the quotation issued by the dealer Beekay Auto Pvt. Ltd. of Jalangi Road,
Banjatia, Berhampore to the Applicant Bank. This is the original copy of the
said quotation duly signed by the concerned Authority of Beekay Auto Pvt. Ltd.
of Jalangi Road, Banjatia, Berhampore with rubber stamp. I know his signature.
The original copy of the said quotation is filed herewith and collectively
marked as EXHIBIT- "3".
7) I say that thereafter the
Defendant No. 2 on 04/08/2017 submitted the copy of certificate of registration
of the said motor car issued by the Registering Authority of State Transport
Department, Murshidabad RTO with the Applicant Bank. This is the copy of the
said Certificate of Registration is filed herewith and marked as EXHIBIT- "4".
8) I say that the
Defendant Nos. 2 and 3 on 01/08/2017 submitted one letter of undertaking to
deduct EMI of the aforesaid car loan of Rs.9,670/- only from their Savings
Account being No. 0700011284663 lying in the said branch. This is the original
copy of the said letter of Undertaking duy signed by the Defendant Nos. 2 and
3. I know their signatures. The original copy of the said letter of undertaking
to deduct EMI is filed herewith and marked as EXHIBIT-"5".
9) I further say that thereafter
during the continuance of the said loan the Defendant No. 2 on 01/11/2017
applied for one housing loan in the prescribed form with the Applicant Bank for
Rs.18,00,000/- (Rupees eighteen lakhs) only for the purpose of construction of
house. This is the original copy of the said loan application duly signed by
the Defendant No. 2. I know her signature. The original copy of the said loan
application dated 01/11/2017 is filed herewith and marked as EXHIBIT- "6".
10) I respectfully say
that thereafter the Applicant Bank on 18/11/2017 has accorded sanctioned to the
Defendant No. 2 upto the limit of Rs.18,00,000/- only for construction of house
on condition that the interest shall be floating rate of interest at present
8.45% subject to change as per directive of the Reserve Bank of India and also
on condition that the Defendant No. 2 shall pay EMI of Rs.17,260/- only and
also on condition that the Defendant No. 2 shall create equitable mortgage of
land and building of Mouza Janmahammadpur, Under Hatinagar Panchayat measuring
3.50 Decimals bearing Plot No. 2503, District Murshidabad. I further say that
the Defendant No. 2 has accepted the terms and conditions of the said loan by
putting his signature on the said sanction letter. This the copy of the said
sanction letter dated 18/11/2017 duly signed by the Defendant No. 2. I know her
signature. The copy of the said sanction letter dated 18/11/2017 is filed
herewith and marked as EXHIBIT-"7".
11) I further say that the
Defendant No. 2 on 18/11/2017 has submitted on standing instruction to deduct
EMI month by month from her Savings Bank account being Account No.
0700250030834 lying with the Applicant Bank. This is the original copy of the
said letter of standing instruction duly signed by the Defendant No. 2. I know
her signature. The original copy of the said letter of standing instruction is
filed herewith and marked as EXHIBIT-
"8".
12) I say that in order to
availed the said Housing Loan the Defendant No. 2 on 18/11/2017 executed a) One
letter from borrower, the Defendant No. 2 for disbursement of Loan in
Annexure-23, b) One letter of Lien in Annexure-26, c) One Demand Promissory
Note for Rs.18,00,000/- only, d) One Consent Clause to be taken from the
borrower along with documents in Annexure-30(a), e) One Power of Attorney
(Authorizing the Bank to create Equitable mortgage) in Annexure- 40, f) One
Undertaking-cum Declaration and g) One Agreement under United Housing Loan
Scheme in Annexure-18 in favour of the Applicant Bank. These are the original
copies of the said One letter from borrower, the Defendant No. 2 for
disbursement of Loan in Annexure- 23, One letter of Lien in Annexure-26, One
Demand Promissory Note for Rs.18,00,000/- only, One Consent Clause to be taken
from the borrower along with documents in Annexure- 30(a), One Power of
Attorney (Authorizing the Bank to create Equitable mortgage) in Annexure- 40,
One Undertaking-cum Declaration and One Agreement under United Housing Loan
Scheme in Annexure-18 duly signed by the Defendant No. 2. I know her signature.
The original copies of the said One letter from borrower, the Defendant No. 2
for disbursement of Loan in Annexure- 23, One letter of Lien in Annexure-26,
One Demand Promissory Note for Rs.18,00,000/- only, One Consent Clause to be
taken from the borrower along with documents in Annexure- 30(a), One Power of
Attorney (Authorizing the Bank to create Equitable mortgage) in Annexure- 40,
One Undertaking-cum Declaration and One Agreement under United Housing Loan
Scheme in Annexure-18 are filed herewith and marked as EXHIBITS- "9", "10",
"11", "12", "13", "14" AND
"15" RESPECTIVELY. I further say that the defendant No. 2 has
executed and delivered the said documents at the said Branch of the Applicant
in usual course of business.
13) I say that in
terms of sanction of the aforesaid housing loan account the Defendant No. 2 in
terms of sanction have created Equitable Mortgage on 18/11/2017with the
Applicant Bank in respect of her landed property along with L.R. Khatian in
respect of land measuring 3.50 Decimals situate at Mouza Janmohammedpur, Touzi
No. 16, J.L. No. 112, appertaining to OLD Khatian No. 176 and 828, R.S. Khatian
No. 360 corresponding to LR Khatian No. 2417, bearing L.R. Plot No. 2503, P.S.
Berhampur town, District Murshidabad by virtue of a registered Deed of Sale
registered on 14/03/2000 in the Additional District Sub-Registry Office at
Sadar District Murshidabad Recorded in Book No. I, Volume No. 32, Pages from 51
to 55, being Deed No. 2179 for the year, 2000 executed by Md. Rashmuddin
Mandal, Son of Late Khosmuddin Mandal of Ustia, P.S. Berhampur, District
Murshidabad. These are the original copies the said Title Deed, Translation
copy of the Title Deed and original copy of L.R. Khatian with Translation copy
are filed herewith and marked as EXHIBITS
- "16 ΤΟ 16/1" AND "17 TO 17/1" RESPECTIVELY.
14) I further say that the
Defendant No. 2 on 23/02/2018 executed one Extension of Equitable Mortgage in
annexure- 43 in favour of the Applicant Bank. This is the original copy of the
said Extension of Equitable Mortgage duly signed by the Defendant No. 2. I know
her signature The original copy of the said Extension of Equitable Mortgaged is
filed herewith and marked as EXHIBIT-
"18".
15) I say that the Applicant
Bank on 27/03/2018 in form No. D-17 C recorded in the entry of the Title Deed
in the register relating to mortgage by depositing the Title Deed by the
Defendant. This is the original copy of the said specimen entry in the Title
Deed register relating to mortgage by depositing the Title Deed duly signed by
the Defendant No. 2. I know her signature. The original copy of the said
specimen entry in the Title Deed register relating to mortgage by depositing
the Title Deed by the Defendant No. 2 is filed herewith and marked as EXHIBIT- "19"
16) I further say that
during the continuance of the aforesaid two loan accounts, the Defendant No. 1
through its Partners the Defendant Nos. 2 and 3 applied for Cash Credit Loan
for the purpose of their business of Stock of Paddy Jute and Seasonal Crops
with the Applicant Bank and accordingly the Applicant Bank on 01/08/2018
accorded sanctioned a sum of Rs.40,00,000/- (Rupees forty lakhs) only in favour
of the Defendant No. 1 of which the Defendant Nos. 2 and 3 are partners on
condition that the rate of interest of the aforesaid loan shall be MCLR-Y+2.75%
as applicable of UBICR-3 presently 11.60% P.A. with monthly rest. The
Defendants have accepted the terms and conditions of the said loan and put
their signatures on the said sanction letter with rubber stamp. This is the
copy of the said sanction letter duly signed by the Defendant Nos. 2 and 3 as a
partners of the Defendant No. 1. I know their signatures. The copy of the said
sanction letter dated 01/08/2018 and Certificate of Enrollment of the Defendant
No. 1 firm dated 14/07/2018 are filed herewith and marked as EXHIBITS- "20" AND
"20/1".
17) I further say that in
order to availed the said Cash Credit loan facility the Defendants on
01/08/2018 executed a) Demand Promissory Noted for Rs. 40,00,000/-
only, b) Letter of Lien in form No.
B-4, c) Hypothecation Agreement, d) Power of Attorney and e) Letter of
Continuity with Consent Clause in form No. D-3 in fvour of the Applicant Bank.
These are the original copies of the said Demand Promissory Noted for Rs.
40,00,000/-only, Letter of Lien in form No. B-4, Hypothecation Agreement, Power
of Attorney and Letter of Continuity with Consent Clause in form No. D-3 duly
signed by the Defendant Nos. 2 and 3 as partners of the Defendant No. 1. I know
their signatures. The original copies of the said Demand Promissory Noted for
Rs. 40,00,000/- only, Letter of Lien in form No. B-4, Hypothecation Agreement,
Power of Attorney and Letter of Continuity with Consent Clause in form No. D-3
are filed herewith and marked as EXHIBITS-
'21', "22", "23", "24" AND "25"
RESPECTIVELY, I further say that the defendants has executed and
delivered the said documents at the said Branch of the Applicant in usual
course of business.
18) I say that the Defendant Nos.
2 and 3 on 01/08/2018 in terms of sanctioned of the aforesaid Cash Credit loan
account have stood as Guarantors for the Defendant No. 1 and they are executed
two separate letter of guarantee in from No. D-21 in favour of the Applicant
Bank for the Defendant No. 1. These ate original copies of the said Guarantee
Agreement duly signed by the Defendant Nos. 2 and 3. I know their signatures.
The original copies of the said Guarantee Agreements are filed herewith and
marked as EXHIBITS- "26"
AND "26/1" RESPECTIVELY.
19) I say that during the
pendency of aforesaid loan accounts the Defendant No. 1 through its partners
Defendant Nos. 2 and 3 on 04/05/2020 applied for loan under PNB Covid-19 for
Rs.4,00,000/- only for working Capital in the prescribed format bearing the
signature of the Defendant Nos. 2 and 3. I further say that the then Senior
Manager of the Applicant Bank accorded sanction of the said loan of
Rs.4,00,000/- only in favour of the Defendant No. 1. This is the original copy
of the said Loan Application along with copy of sanction letter duly signed by
the Defendant Nos. 2 and 3. I know their signatures. The original copy of the
said loan application along with copy of Sanction order dated 04/05/202020
under PNB COVID-19 is filed herewith and marked as EXHIBIT- "27".
20) I further say that the
Defendant Nos. 2 and 3 for self and on behalf of Defendant No. 1 on 04/05/2020
executed a) One Demand Promissory Note for Rs. 4,00,000/- only, b) Agreement
for loan of Cash Credit Limit for Rs. 4,00,000/-only, c) Agreement/ Undertaking
to mortgage for Covid- 19 Loan of Rs.4,00,000/- only and d) Letter of
Undertaking for COVID- 19-EMERGENCY credit facility by way of standby line of
credit for Rs.4,00,000/- only in favour of the Applicant Bank. These are the
original copies of the said One Demand Promissory Note for Rs. 4,00,000/- only,
Agreement for loan of Cash Credit Limit for Rs.4,00,000/- only,
Agreement/Undertaking to mortgage for Covid-19 Loan of Rs.4,00,000/- only and
Letter of Undertaking for COVID-19-EMERGENCY credit facility by way of standby
line of credit for Rs.4,00,000/- only duly signed by the Defendant Nos. 2 and 3
for self and on behalf of the Defendant No. 1. I know their signatures. The
original copies of the said One Demand Promissory Note for Rs. 4,00,000/- only,
Agreement for loan of Cash Credit Limit for Rs.4,00,000/- only,
Agreement/Undertaking to mortgage for Covid-19 Loan of Rs.4,00,000/- only and
Letter of Undertaking for COVID-19-EMERGENCY credit facility by way of standby
line of credit for Rs.4,00,000/- only are filed herewith and marked as EXHIBITS- '28", "29",
"30" AND "31" RESPECTIVELY. I say that the
defendant Nos. 2 and 3 have executed and delivered the said documents at the
said Branch of the Applicant in usual course of business.
21) I say that after
completion of the aforesaid Banking formalities, the Applicant Bank allowed the
defendant No. 1 through the Defendant Nos. 2 and 3 to avail of the aforesaid
four separate loan accounts facilities and accordingly the said defendant No. 1
through the Defendant Nos. 2 and 3 as Partners started to avail the said loan
facilities by opening four separate loan accounts Car Loan Account being
Account No. 0822300036944, House Building Loan Account being Account No.
0700306734640, Cash Credit Loan Account being account No. 0700250032294, and
GECL COVID-19 loan Account being Account No. 0700306740359 maintain at Nimtala
Chunakhali Branch at Murshidabad.
22) I further say that on
request of the Defendant Nos. 2 and 3 above named the aforesaid four loan
accounts as stated herein above sanctioned from time to time was granted in the
name of Partners of the Defendant No. 1 and the aforesaid mortgaged property
and the Hypothecated Goods of the Business of the entire Loan accounts.
23) I further say that at all
material times, the Applicant Bank maintained the said loan Accounts of the
defendant No. 1 of all dealing and transactions between the Applicant Bank and
the defendant No. 1 wherein the Applicant Bank debited the defendant No. 1 with
all sums of money paid to the defendant No. 1 by the Applicant Bank and
credited the defendant No.1 with all sums of money paid by the defendant No. 1
to the Applicant Bank. At all material times the Applicant Bank maintained the
said loan accounts according to English Calendar year.
24) I say that thereafter the
Authorized Officer of the Applicant Bank on 02/07/2021 issued three separate
notices Under Section 13(2) of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002 upon the
defendants by Registered Post wherein the authorized Officer requested the
defendants to discharge in full liabilities within a period of 60 (sixty) days
from the date of receipt of the said demand notices. But inspite of receipt of
the said notices the defendants did not comply the same. These are the copies
of the said demand notices dated 02/07/2021 and track reports are filed
herewith and marked as EXHIBITS-
"32" AND "33 TO 33/1" RESPECTIVELY.
25) I respectfully say that
there has now become due and payable by the defendants to the Applicant Bank a
sum of Rs.95,63,554.87 (Rupees Ninety-five lakhs Sixty-three thousand Five
hundred Fifty-four and paisa eighty seven) only (out of which a sum of
Rs.4,98,318/- only in Car loan Account being account No. 0822300036944,
Rs.22,74,095.87/- only in Term Loan Account under Housing Loan Scheme being
Account No. 0700306734640, Rs.62,62,981/- only in Cash Credit Loan Account
being Account No. 0700250032294 and Rs.5,28,160/- only in GECL Loan Account
being Account No. 0700306740359) with interest calculated upto 30/11/2023 and
further interest on and from 01/12/2023 till realization.
I say that the applicant Bank
relies on the true extract copies of the statement of accounts in the books of
account maintained at its Siliguri Branch which have been duly certified under
Bankers' Books of Evidence Act. The statement of account of four separate loan
accounts Car Loan, House building Loan, Cash Credit and GECL Loan accounts have
already been filed along with the OA and same marked as EXHIBITS-"34", "34/1", "34/2" AND
"34/3" RESPECTIVELY.
26) I say that the Defendants
lastly on 25/11/2021 has deposited a sum of Rs.20,000/- only in cash in their
aforesaid Car Loan Account being No. 0822300036944 and the Defendants also
lastly on 07/08/2020 has deposited a sum of Rs.4,50,000/- only in their cash
credit loan account being No. 0700250032294.
27) I say that the Applicant
Bank has annexed the copy of valuation report dated 11/03/2023 obtained from
the Registered valuer in respect of the Mortgaged property. The original copies
of the said valuation Report is filed herewith and marked as EXHІВІТ -"35".
28) I say that the defendants
are thus liable to pay the Applicant Bank the said sum of Rs.95,63,554.87
(Rupees Ninety-five lakhs Sixty-three thousand Five hundred Fifty-four and
paisa eighty seven) only (out of which a sum of Rs.4,98,318/-only in Car loan
Account being account No. 0822300036944, Rs.22,74,095.87/- only in Term Loan
Account under Housing Loan Scheme being Account No. 0700306734640,
Rs.62,62,981/- only in Cash Credit Loan Account being Account No. 0700250032294
and Rs.5,28,160/- only in GECL Loan Account being Account No. 0700306740359)
mention in the Application Plus further interest on and from 01/12/2023. I
further say that the Applicant Bank is, therefore, entitled to a certificate to
recover the sum of Rs.95,63,554.87 (Rupees Ninety-five lakhs Sixty-three
thousand Five hundred Fifty-four and paisa eighty seven) only (out of which a
sum of Rs.4,98,318/- only in Car loan Account being account No. 0822300036944,
Rs.22,74,095.87/- only in Term Loan Account under Housing Loan Scheme being
Account No. 0700306734640, Rs.62,62,981/- only in Cash Credit Loan Account
being Account No. 0700250032294 and Rs.5,28,160/- only in GECL Loan Account
being Account No. 0700306740359) mention in the Application Plus further
interest on and from 01/12/2023 from the defendants and further interest.
29) I say that in order to
secure the credit facilities sanctioned to defendant No.1 of which the said
Defendant Nos. 2 and 3 are partners and the Defendant Nos. 2 also Extended the
Equitable Mortgage over the immovable property by depositing the original Title
Deed in respect thereof. The detail of the title Deed of the immovable property
is more fully described in schedule "Y" of the OA. The Applicant Bank
craves leave to refer to and rely on the said title Deed at the time of filing
evidence on affidavit.
30) I say that the
Applicant Bank craves leave of this Hon'ble Tribunal to file Additional
Documents, Plaints, Applications, Statements of Accounts etc. during the
proceeding of this case or at the time of filing Evidence on Affidavit or at
the time of hearing, for the proper adjudication of the case and for the
interest of the Justice.
31) I further say that the
applicant Bank is entitled to the following declarations :- a) That the Assets
hypothecated to the Applicant Bank is more fully described in Schedule
"X" of the OA remain so hypothecated and charged to the Applicant
Bank, b) That the immovable Properties fully mentioned in schedule
"Y" of the OA is mortgaged to the Applicant Bank.
32) I say that the claim of
the Applicant Bank is genuine and the calculation of interest upto 30/11/2023
in terms of Bank's norms and Rules as per guide line of Reserve Bank of India
from time to time.
33) I say that the
defendants above named have intentionally neglected to repay the dues amount of
loan inspite of demand of the Applicant Bank.
34) That I say that the
Applicant Bank reserves its liberty to file supplementary evidence on affidavit
if necessary and/or after filing the written statement and/or evidence on
affidavit by the defendants.
35) I say that the applicant
Bank is entitled to get the certificate for Recovery of the amount and/or
entitled to get reliefs as prayed for in the instant application.
That the statements
made in above paras 1 and 2 above are true to the best of my knowledge and that
of paras 3 to 28 above are also true to my knowledge derived from the Bank's
record and the rest are my submission and I sign this affidavit this the day of
12th day of December, 2023 at Siliguri.
DECLARANT
IDENTIFIED
BY ME
ADVOCATE:
SILIGURI
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