District : South 24 Parganas
In the Court of the Learned District Judge,
South 24 Parganas,
18, Judges Court Road, Alipore, Kolkata – 700027, District – South 24 Parganas.
Misc. Case ( Arbitration ) no. of 2022
In the matter of :
An application under Section 9 of the Arbitration & Conciliation Act’ 1996;
AND
In the matter of :
ANIRUDDHA GUHAROY, Son of Late Bimal Ranjan Guha Roy, aged about 59 years, residing at premises being no. 11/C, West Row, Circus Avenue S.O., Kolkata – 700017, Police Station – Karaya, District – South 24 Parganas, West Bengal. Mobile No. 9830055527.
______Applicant
- Versus –
1. ADITYA BIRLA FINANCE LIMITED, [ CIN : U65990GJ1991PLC064603 ], having it’s Branch Office at 4th Floor, 24, Camac Square, Camac Street, Kolkata - 700016.
2. ADITYA BIRLA FINANCE LIMITED, [ CIN : U65990GJ1991PLC064603 ], having its Registered Office at Indian Rayon Compound, Veraval, Gujarat – 362266, Email : ankur.shah@adityabirlacapital.com
_______Respondents
The humble petition of the above named Applicant Sri Aniruddha Guharoy, most respectfully;
Sheweth as under :
1. That your applicant is a peace loving and law abiding Citizen of the Country, residing permanently at the address as given in the cause title of this application.
2. Pursuant to Loan Agreement dated 28th day of February’ 2019, the Respondents granted a sum of Rs. 2,50,00,000/- ( Rupees Two Crore Fifty Lakhs ) only, in Loan Account no. ABFLKOLLAP0000046077, being Loan against Residential Property, and a further sum of Rs. 35,00,000/- ( Rupees Thirty Five Lakhs ) only in Loan Account no. ABFLKOLLAP0000046117, being Loan Against residential Property, in favour of the Borrowers M/s. Guha Roy Food Joint and Hotel Private Limited and Co-Borrowers namely M/s. Sweet Bengal Private Limited, Aniruddha Guha Roy, Sucharita Guha Roy, Anilava Chatterjee and Debasish Kundu ( hereinafter collectively referred to as the “Borrowers” ).
Photocopy of the Loan Agreement dated 28th February’ 2019, is annexed herewith and marked as Annexure – “A”.
3. The applicant and his wife Smt. Sucharita Guha Roy, mortgaged their Deed of Conveyance in respect of three numbers of immovable property. Full description of the said ownership property of the Applicant and his wife are fully and particularly described in a Schedule at the foot hereof and marked as Schedule “A”.
Photocopy of the said Deed of Conveyance are annexed herewith and collectively marked as Annexure –“B”.
4. As per the terms and conditions of the loan sanctioned by the Respondent, the Applicant is required to repay the loan in 180 Equated Monthly Installments as Rs. 3,00,043/- per month in Loan Account no. ABFLKOLLAP0000046077, and 60 Equated Monthly Installments as Rs. 81,439/- per month in Loan Account no. ABFLKOLLAP0000046117. The last Installment repayable by the Applicant is due on much later.
Photocopy of Loan Documents, is annexed herewith and marked as Annexure – “C”
5. The Borrower being M/s. Guha Roy Food Joint & Hotel Private Limited, regularly paid such EMI to the Respondent, and whereas the Borrower paid its EMI up to the month of February’ 2020. The said EMI directly taken by the respondent Bank, through ECS from the account of the borrower. Borrower did not default in paying its EMI as assigned by the respondent bank. The Borrower lastly paying its EMI in the month of November’ 2021.
6. That on 24 March 2020, the Government of India under Prime Minister Narendra Modi ordered a nationwide lockdown for 21 days, limiting movement of the entire 1.3 billion population of India as a preventive measure against the COVID-19 pandemic in India. It was ordered after a 14-hour voluntary public curfew on 22 March, followed by enforcement of a series of regulations in the country's COVID-19 affected regions. The lockdown was placed when the number of confirmed positive coronavirus cases in India was approximately 500. Observers stated that the lockdown had slowed the growth rate of the pandemic by 6 April to a rate of doubling every six days, and by 18 April, to a rate of doubling every eight days. As the end of the first lockdown period approached, state governments and other advisory committees recommended extending the lockdown. The governments of Odisha and Punjab extended the state lockdowns to 1 May. Maharashtra, Karnataka, West Bengal and Telangana followed suit.
7. That on 14 April, Prime minister Narendra Modi extended the nationwide lockdown until 3 May, with a conditional relaxations after 20 April for the regions where the spread had been contained or was minimal. On 1 May, the Government of India extended the nationwide lockdown further by two weeks until 17 May. The Government divided all the districts into three zones based on the spread of the virus—green, red and orange—with relaxations applied accordingly. On 17 May, the lockdown was further extended till 31 May by the National Disaster Management Authority.
8. That on 30 May, it was announced that lockdown restrictions were to be lifted from then onwards, while the ongoing lockdown would be further extended till 30 June for only the containment zones. Services would be resumed in a phased manner starting from 8 June. It was termed as "Unlock 1.0". Modi later clarified that the lockdown phase in the country was over and that 'unlock' had already begun.
9. That the second phase of unlock, Unlock 2.0, was announced for the period of 1 to 31 July, with more ease in restrictions. Unlock 3.0 was announced for August. Similarly, Unlock 4.0 was announced for September and Unlock 5.0 for the month of October. In the same way, Unlock 6.0 was announced for the month of November, Unlock 7.0 was announced for the month of December, Unlock 8.0 was announced for the month of January, and Unlock 9.0 was announced for the month of February.
10. That in the month of July’ 2021, the respondent bank through its Letter dated 27-07- 2021, sent notice stating inter alia your borrower as a defaulter and call upon your applicant for payment of Rs. 3,02,20,661/- ( Rupees Three Crore Two Lakhs Twenty Thousand Six Hundred and Sixty One ) only, categorize such Loan account as NPA ( Non-performing account) on 15-12-2020, and thereby threatened to initiate coercive proceeding against your applicant.
Photocopy of Letter dated 27-07-2021, is annexed herewith and marked as Annexure – “D”.
11. That the Reserve Bank of India on 27-03-2020, issued Statement of Development and Regulatory Policies where inter alia certain regulatory measures were announced to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic and to ensure the continuity of financial assertions, which extended time and again, by the RBI.
Photocopy of RBI circular dated 27-03-2020, and the Regulatory Statement, are collectively annexed herewith and marked as Annexure – “E”.
12. That the Reserve Bank of India has issued such notification for the moratorium period at first for the three months commencing from the month of March’ 2020, April’ 2020, and May’ 2020, and consequently for another three months i.e. June’ 2020, July’ 2020, and August’ 2020. Thus a total period of Six months has been given as moratorium period were announced to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic and to ensure the continuity of financial assertions, which extended time and again, by the RBI.
13. That the applicant is astonished to learnt that the respondent categorize such Loan account as NPA ( Nonperforming account) on 15-12-2020, during the moratorium period as directed by the Reserve Bank of India, and whereas the said facts has been acknowledge by the respondent bank through its Letter dated 27th day of July’ 2021, being Notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, stating inter alia your borrower as a defaulter and call upon your applicant for payment of Rs. 3,02,20,661/- ( Rupees Three Crore Two Lakhs Twenty Thousand and Six Hundred Sixty One ) only.
Photocopy of Statement of Account of Aditya Birla Finance Limited is annexed herewith and marked as Annexure – “F”.
14. That the applicant made his representation under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act; 2002, through his Learned Advocate being Reference no. Legal/GRFJHPL/1707-3108/2021, dated 27th day of September’ 2021, requesting the respondents for reconstruction and reschedule of such credit facility in favour of the applicant which has not been done and not even considered by the respondent.
Photocopy of Letter being Reference no. Legal/GRFJHPL/1707-3108/2021, dated 27th day of September’ 2021, is annexed herewith and marked as Annexure – “G”.
15. The Applicant further astonished subsequently when he received a notice dated 1st day of November’ 2021, issued by the respondent and thereby asking your applicant for the payment of Rs. 3,32,65,205/- ( Rupees Three Crore Thirty Two Lakh Sixty Five Thousand Two Hundred Five Only ) due as on 16-07-2021, and threatened to take further recourse to enforce its Security interest in accordance with the provisions of SARFAESI Act, 2002 and Security Interest ( Enforcement ) Rules, 2002.
Photocopy of the Letter dated 1st day of November’ 2021, issued by the Respondent, is annexed herewith this application and marked as Annexure – “H”.
16. The Applicant immediately rushed to the Respondent enquiring about the matter but the Respondent’s Officials showed their inability to satisfy the Applicant.
17. The Applicant states that the Respondent on the one hand is making request after request by its various letters addressed to the Applicant requesting him to clear the EMI but on the other hand served the said astonishing and purported notice dated 1st day of November’ 2021, issued by the respondent and thereby asking your applicant for the payment of Rs. 3,32,65,205/- ( Rupees Three Crore Thirty Two Lakh Sixty Five Thousand Two Hundred Five Only ) due as on 16-07-2021, and threatened to take further recourse to enforce its Security interest in accordance with the provisions of SARFAESI Act, 2002 and Security Interest ( Enforcement ) Rules, 2002, which is not at all tenable under the law.
18. That the Applicant further states that although the Loan Account of the Applicant with the Respondent has been, as admitted by the Respondent vide its Letter dated 27th day of July’ 2021, demanding outstanding amount as of Rs. 3,02,20,661/- ( Rupees Three Crore Two Lakhs Twenty Thousand and Six Hundred Sixty One ) only as on 16-07-202, and as such said loan account cannot, all of a sudden, be categorized and declared as NPA. The said demand notice dated 27-07-2021, did not disclose any earlier communication being notice of NPA. The said demand notice on the applicant proposed for recourse available under Sub Section (8) of Section 13 of the SARFAESI Act, 2002, in respect of time available, to redeem the secured asset/s, in the event of otherwise, so far.
19. Furthermore interestingly no alleged notice of alleged NPA or overdue in the alleged Loan Account has ever been served by the Respondent. It is pertinent to states that the applicant is not in receipt of any communication regarding NPA of such Loan Account, neither he is in receipt of any Possession Notice ( for immovable property ) under Appendix IV ( See rule 8 (1) ) of the Security Interest ( Enforcement ) Rules’ 2002.
20. In absence of any communication about NPA of the Loan Account, the Statutory Notice under the provisions of Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, the respondent purportedly threatened to proceeded under section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, by taking symbolic Possession ( for immovable property ) under Appendix IV ( See rule 8 (1) ) of the Security Interest ( Enforcement ) Rules’ 2002, at the schedule premises of the applicant, in connection with the Loan Account Number ABFLKOLLAP0000046077, and Loan Account no. ABFLKOLLAP0000046117.
21. If at all the service of the alleged notice for NPA as falsely claimed by the Respondent is held to be true still the admitted service of various letters, emails, etc., of the Respondent lastly upon the Applicant requesting him to clear and make payment of outstanding EMI amount to waiver of said alleged NPA.
22. That the Applicant states that inasmuch as the said account for the loan of the Applicant was or is not within the category of Non-Performing Asset and as such the alleged demand notice of the Respondent, if any, dated 27-07-2021, allegedly served upon the Applicant is bad in law and have no force at all.
23. In-spite of such unenforceable and bad notice allegedly served upon the Applicant and further in-spite of the said loan account of the Applicant being not under the category of Non-Performing Asset, the Respondent in collusion and connivances with its officers and knowing fully well that the Applicant is under moratorium given by RBI intends to translate the said notice and with such ulterior and bad intention and in furtherance of the said purported notice dated 27-07-2021, served upon the Applicant a notice dated 01-11-2021 purportedly threat under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, for Sale of the said property owned by the Applicant under the disguise of the enforcement of course of law which is not at all tenable under the law.
24. That due to arbitrary act on the part of the Bank, the Applicant made to suffer and is likely to be seriously prejudiced as a cloud has been casted upon his right, title and interest as owner of the Schedule “A” property and it is necessary that the said notices be quashed.
25. Under the facts and circumstances aforesaid the Applicant states and respectfully submits that the purported and alleged notice of the Respondent allegedly served upon the Applicant and any other notice or notices consequential thereto deserves to be and should be quashed and stating the same as bad in law and have no force at all. Consequently, the Respondent also deserves to be and should be restrained from giving any effect to the said notices or any manner acting in pursuance thereof against the Schedule “A” property of the Applicant.
26. The applicant states and submits that the Loan account cannot be categorized as defaulted account, and the same cannot be said to be a NPA, in view of the moratorium announced by the RBI during pandemic of COVID-19 spread out, in the year 2020.
27. That the applicant states and submits that in view of the aforesaid facts the respondent would restrain to take the immovable property as enumerated in Schedule – “A” of the application.
28. That the applicant states and submits that the applicant in representing the Company M/s. Guha Roy Food Joint & Hotel Private Limited, willing to pay the overdue amount as on the day of placing this application before the Learned Court to the respondent bank and to further continue in paying EMI to the respondent Bank.
29. That the applicant states and submits that the applicant is suffering numerous only due to the arbitrary performances of the respondent bank.
30. The facts and circumstances as aforesaid clearly speaks the bonafide intention of the respondent bank that they are at all material times taken arbitrary endavour to bring your applicant as a defaulter and to take the immovable property of the applicant, which have much more valued than the recalled amount of the said Loan account. On the contrary your applicant all along willing and take endavour to repay the Loan Amount by running and carrying business activities of M/s. Guha Roy Food Joint & Hotel Private Limited.
31. It is pertinent to states that in terms of the Loan Agreement dated 28-02-2019, which contains the Governing Law and Disputes Resolution at paragraph number 10 as :-
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1 Law of India shall govern this agreement, the security and other documentation pursuant hereto and courts in the city of Mumbai having exclusive jurisdiction over all aspects governing the interpretation and enforcement of this agreement, the security and other documentation pursuant hereto.
10.2 the parties agree and acknowledge that in case of any dispute or difference arising out of or in connection with this agreement whether during its subsistence or thereafter between the parties including any disputes or difference relating to the interpretation of the agreement or any clause thereof shall be settled by arbitration in accordance with the provisions of the arbitration and conciliation act 1996, or any statutory modifications thereof and shall be referred to a sole arbitrator, to be appointed by ABFL alone.
10.3 such crimes and disputes and / or differences shall be referred to arbitration by a solo arbitrator (herein after referred to as the “Arbitrator”) to be appointed by ABFL alone.
10.4 it is agreed between the parties hereto that nothing contained in Section 17 of arbitration and conciliation Act 1996 shall in any way, affect the right of or preclude ABFL to / from seek /seeking such interim relief/s in the court of jurisdiction, including interim reliefs under section 9 of the said act and the rules framed there under.
10.5 The venue for conducting arbitration proceeding shall be Mumbai, India.
10.6 The language of arbitration shall be English.
10.7 The award of the arbitrator shall be a senescing award and shall be final, conclusive and binding on all the parties to the arbitration whether on question of law or of fact.
10.8 In the event of death, refusal, negligence, inability, incapability of the person so appointed to access the arbitrator another arbitrator shall be shall be appointed by ABFL alone to act as the arbitrator.
10.9 The borrower(s) agrees confirms and consents that it shall not object to claims arising out of the outstanding amounts due, alone being adjudicated by the arbitrator in terms of this close of any grounds.
10.10 The borrower agrees confirms consonants that it shall not disputes the validity of the reference of the award of on any ground.
10.11 The borrowers expressly agrees that it shall not contained that ABFL has given up its rights on the security interest by reason of ABFL making a reference to the arbitration for the monetary claim, in case ABFL doc dos to make monetary claim only.
10.12 The borrower(s) agrees and consonants that it shall not raise the fact of notices invoking arbitration or reference to or pendency of arbitration proceedings as a ground of objection / defense in any appropriate forum / court / authority or tribunal in respect of claims or when action is taken by ABFL.
10.13 Notwithstanding anything contained in the agreement in the event, the loan of ABFL is assigned to any bank and / or financial institution which have the benefit under the securitization and reconciliation of financial assets and enforcement of security interest act, 2002. Act (“securitization act”) or the recovery of debts due to banks and financial institution act, 1993 (The DRT Act) and / or the legal status of ABFL changes or in the event of the law being made or amended so as to bring ABFL under the securitization act or DRT act (being notified under the securitization act and / or DRT act), to enable ABFL to enforce the security under the securitization act or proceed to recover dues from the borrower under the DRT act, the arbitration provisions contained shall at the option of ABFL, cause to have any effect and if arbitration proceedings are commenced that no award is made, then at the option of ABFL such proceedings stands a terminated and the mandate of the arbitrator shall come to an end from the date of the making of the law or the date when amendment becomes effective or the date when the lender express the option of terminating the mandate or arbitrator, as the case may be provided that neither a change in the legal status of ABFL not a change in law as referred to in this sub paragraph above, will result invalidating and existing award passed by an arbitral tribunal constituted Pursuant to the provisions of the agreement .
Therefore the respondent bank would may prefer the present disputes as raised by the respondent bank with your applicant in an arbitration proceeding, and whereas upon being came into knowledge of such intention of the respondent bank, your applicant would preferred to approach his own independent Arbitrator, other than the arbitrator preferred by the respondent bank.
32. Therefore, in the facts and circumstances, your applicant seeks to get an order of restraining the respondent bank over the immovable property of your applicant, till the disposal of this application.
33. Your applicant shall suffer irreparable loss and injury unless the respondent bank be restrained by an order of injunction under Section 9 of the Arbitration & Conciliation Act’ 1996, from taking possession, transferring, and or encumbering and or creating third party interest in respect of the Schedule – “A’ property, since the performance of the respondent bank being arbitrary has taken till date in the facts and circumstances, thus strong apprehension has been arisen, hence there is extreme urgency involved in the instant application.
34. That your applicant has no alternative suitable remedy elsewhere and the reliefs as prayed for, if are granted would be complete for your appellant.
35. That on the selfsame cause of action your appellant has not moved any other application.
36. This application is made bonafide and for the ends of justice.
In the premises aforesaid your applicant most humbly prays for the following orders:-
a) An order of injunction restraining the respondent and its men, agent and representatives from taking physical possession of the immovable property of the applicant as described in Schedule – “A” in this application, and or restraining the respondent from transferring and or disposing of and or encumbering and or creating any third party interest and or parting with any part or portion of the piece or parcel of the possession of the immovable property of the applicant as described in Schedule – “A” in this application, under Section 9 of the Arbitration & Conciliation Act’ 1996 ;
b) Ad interim order of injunction in terms of prayer (a) above;
c) Costs of and incidental to this application be added to the claim of the applicant in the arbitration proceeding against the respondent;
d) And to pass such other or further order or orders as to 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.
SCHEDULE “A” ABOVE REFERRED TO
Property 1:
ALL that piece and parcel of the immovable property being Flat No. 1A, 1st Floor, North side having super Built up area of 475 Sq. ft. more or less consisting of 1 (one) bed room, 1 (one) living cum dinning space, 1 (one) kitchen, 2 (two) Toilets, 1 (one) verandah in the northern side of the four storied building constructed and or built on the piece and parcel of home stead land containing an area 5 Cottah 13 Chhitacks situate and lying at and being the premises no. 43, Ustad Enayat Khan Avenue ( Formerly No. 43, Karaya Road ), Kolkata – 700 017, Police Station Karaya, Additional Sub Registration Office Sealdah, in the district of South 24 Parganas under Ward no. 64 of the Kolkata Municipal Corporation together with 173 sq. ft. more or less undivided share or interest in the land at the property bounded as :
North : By Balu Hawkak lane
South : By Karaya Road now known as Ustad Enayat Khan Avenue,
East : By West Row
West : By Premises no. 43/1, Karaya Road.
Property 2 :
All that piece and parcel of the immovable property being Flat No. 1B on the First Floor in the South – Western Side having super built up area of 1000 (one thousand) sq. ft. more or less, comprising of 2 (two) bed rooms, 1 (one) living cum dinning space, 1 (one) Kitchen, 2 (two) toilets, 1 (one) verandah in western Side in the five storied building constructed on the piece and parcel of land having an area of 5 Cottahas 13 Chhitacks more or less, situate lying at and being the Premises No. 43, Ustad Enayat Khan Avenue ( Formerly No. 43, Karaya Road ), Kolkata – 700017, Police Station – Karaya, Additional District Sub Registration Office Sealdah, in the district of South 24 Parganas, under Ward no. 64 of the Kolkata Municipal Corporation together with undivided share or interest in the land at the said premises attributable to the said Flat, and also together with the right of use of all common parts/ portion in the said building and/or the said premises.
The said premises is butted and bounded as follows :
North : By Balu Hawkak lane
South : By Karaya Road now known as Ustad Enayat Khan Avenue,
East : By West Row
West : By Premises no. 43/1, Karaya Road.
Property – 3 :
Part – I
( Description of the flat )
All that the Flat No. 1C, on the First Floor in the South-Eastern side having Super built up area of 1100 (One Thousand and One Hundred) Sq. ft. more or less comprising of 2 (two) Bed Rooms, 1 (One) Living Cum Dinning Space, 1 (One) Kitchen, 2(two) Toilets, 1 (One) Verandah in Eastern side in the five storied building constructed on the piece or parcel of land having an area of 5 Cottahs 13 Chittaks more or less situate lying at and being the Premises NO. 43, Karaya Road, now known as Ustad Enayet Khan Avenue, Kolkata – 700017, Police Station – Karya, Addl. District Sub Registration Office Sealdah in the District of South 24 Parganas under Ward no. 64 of the Kolkata Municipal Corporation together with undivided share or interest in the land at the said premises attributable to the said Flat and also together with the right of use of all common part/portions in the said building and /or the said building and/or the said premises.
The said premises is butted and bounded as follows :
North : By Balu Hawkak lane
South : By Karaya Road now known as Ustad Enayat Khan Avenue,
East : By West Row
West : By Premises no. 43/1, Karaya Road.
Part – II
( Description of the Servant’s Quarter )
All that the Servant’s Quarter having Super Built up area of 50 (fifty) sq. ft. more opr less in North – Western side in Ground Floor at Premises no. 43, Karaya Road, now known as Ustad Enayat Khan Avenue, Kolkata – 700017, as fully described in Part – I of the Schedule herein above together with undivided proportionate share or interest in land at the said premises attributable to said Servant’s Quarter.
Part – III
(Description of the Car Parking Space )
All that the Car Parking Space having area of 48 (forty – eight ) sq. ft. more or less in Ground Floor at Premises No. 43, Karaya Road, now known as Ustad Enayat Khan Avenue, Kolkata – 700017, as fully described in Part – I of the Schedule herein above together with undivided proportionate share or interest in land at the said premises attributable to the said car parking space.
– VERIFICATION –
I, Aniruddha Guha Roy, Son of Late Bimal Ranjan Guha Roy, being the applicant, hereby solemnly verify that the contents of paragraphs 1 to _______ are true to my personal knowledge and belief and that I have not suppressed any material facts.
I sign this Verification on this _____ day of February’ 2022.
AFFIDAVIT
Affidavit of Sri Aniruddha Guha Roy, Son of Late Bimal Ranjan Guha Roy, aged about 59 years, by faith Hindu, by Occupation Business, residing at premises number 11/C, West Row Circus Avenue SO, Kolkata – 700017, Police Station - Karaya, District – South 24 Parganas, West Bengal.
I, the above deponent do hereby solemnly affirm and declare as under :-
1 : That I am the applicant, and thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.
2 : That the facts contained in my accompanying petition / application, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.
Verified this _____day of February’ 2022, at the Kolkata.
DEPONENT
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _____ day of February’ 2022.
Place : Kolkata.
N O T A R Y
VAKALATNAMA
District : South 24 Parganas
In the Court of the Learned District Judge, South 24 Parganas, at 18, Judges Court Road, Alipore, Kolkata – 700027, District – South 24 Parganas.
Misc. Case (Arbitration) no. of 2022
In the matter of :
Sri Aniruddha Guha Roy, ______Applicant
- Versus –
M/s. Aditya Birla Finance Limited, and anr.
________Respondents
KNOW ALL MEN by these presents that I / We, Sri Aniruddha Guha Roy, Son of Late Bimal Ranjan Guha Roy, residing at premises number 11/C, West Row Circus Avenue SO, Kolkata – 700017, Police Station - Karaya, District – South 24 Parganas, West Bengal do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.
In witness whereof this Vakalatnama has been executed by me / us.
This the …………………day of ………………2022.
Ashok Kumar Singh, Advocate High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number : 9883070666 Email : aksinghadvocate@rediffmail.com
Sanjib Bandyopadhyay, Advocate High Court Bar Association Room No. 14, High Court at Calcutta. Mobile Number : 9123015930 Email : sanjib192@rediffmail.com
Rabindranath Das, Advocate, Biplab Some, Advocate. Miss Suchitra Chakraborty, Advocate. Pritam Das, Advocate.
