ASHOK KUMAR SINGH

Sunday, November 19, 2023

Covering Letter to ADMLR

Date : 3^rd day of November’ 2023

To,

The Additional District Magistrate (L.R.), Murshidabad, & with Authority Under Section 14 of SARFAESI Act’ 2002, having it’s Office of the District Magistrate, New Administrative Building, Berahampur, District – Murshidabad, Pin – 742101,

Email : admlr.murshidabad@gmail.com

Mobile Number : 9434770001.

Ref.: Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002.

In the matter of ;

Punjab National Bank, Nimtala Chunakhali Branch

- Versus –

1. Hasna Bewa, Wife of Late Janaruddin Sekh (Borrower);

2. Mehboob Sk, Son of Late Janaruddin Sekh

_______(Respondents All)

Memo. No. 1360 / R.M. / SARFAESI, dated 08/11/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad.

AND

IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

In SA number 26 of 2022

(Diary no. 256/2021)

In the matter of :

Hasna Bewa_________Applicant

- Versus –

Punjab National Bank

____Respondent

AND

IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

In SA number 26 of 2022

(Diary no. 256/2021)

In the matter of :

Hasna Bewa_________Applicant

- Versus –

Punjab National Bank

____Respondent

My Client : Hasna Bewa, Wife of Late Janaruddin Sekh, of Village Ustia, Post Office – Muktinagar, Police Station – Berhampore, District – Murshidabad, Pin – 742102, West Bengal.

Dear Sir,

Enclose please find herewith a copy of IA’s application along-with all annexures, thereof for your kind references and perusal thereof.

Kindly do the needful & oblige.

Thanking you,

Yours’ faithfully,

Ashok Kumar Singh,

Advocate

High Court Calcutta

Copy to ;

1. The Officer-in-Charge, SARFAESI Act, 2002, having it’s Office of the District Magistrate, New Administrative Building, Berahampur, District – Murshidabad, Pin – 742101, Email : admlr.murshidabad@gmail.com

2. The Authorised Officer, Punjab National Bank, Nimtala Chunakhali Branch, Murshidabad, and Regional Office at Premises being no. 26/11, Sahid Surya Sen Road, Post Office & Police Station – Berhampore, Murshidabad, Pin – 742101, Email : cs8283@pnb.co.in care@pnb.co.in zokolkata@pnb.co.in

3. The District Magistrate, Murshidabad, having it’s Office of the District Magistrate, New Administrative Building, Berahampur, District – Murshidabad, Pin – 742101, Email : dm-mur-wb@nic.in

{For information & necessary action} only.

Covering Letter

Date : _______ November’ 2023

To,

The Authorized Officer,

Punjab National Bank,

Murshidabad Circle Office,

26/11, Sahid Surya Sen Roaf, Post Office – Berahampore, District – Murshidabad, Pin – 742102, Email : cs8283@pnb.co.in

Ref.: IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

IA no. __________of 2023

(Diary no. _________/2023)

In SA number 26 of 2022

(Diary no. 256/2021)

In the matter of :

Hasna Bewa_________Applicant

- Versus –

Punjab National Bank

____Respondent

Dear Sir,

Enclose please find herewith a copy of the above referred IA application, with annexures thereof, for your kind references and necessary perusal.

Kindly do the needful and oblige.

Thanking you,

Yours’ faithfully,

Ashok Kumar Singh,

Advocate

High Court Calcutta

Reply Letter under Section 14

Date : 3^rd day of November’ 2023

To,

Email : admlr.murshidabad@gmail.com

Mobile Number : 9434770001.

Ref.: Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002.

In the matter of ;

Punjab National Bank, Nimtala Chunakhali Branch

- Versus –

1. Hasna Bewa, Wife of Late Janaruddin Sekh (Borrower);

2. Mehboob Sk, Son of Late Janaruddin Sekh

_______(Respondents All)

Memo. No. 1360 / R.M. / SARFAESI, dated 08/11/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad.

My Client : Hasna Bewa, Wife of Late Janaruddin Sekh, of Village Ustia, Post Office – Muktinagar, Police Station – Berhampore, District – Murshidabad, Pin – 742102, West Bengal.

WITHOUT PREJUDICE

REPLY ON YOUR NOTICE DATED 08/11/2023;

Dear Sir,

Under instructions of my Client Hasna Bewa, Wife of Late Janaruddin Sekh, of Village Ustia, Post Office – Muktinagar, Police Station – Berhampore, District – Murshidabad, Pin – 742102, West Bengal, I hereby states as follows;

1. That my Client has received your Notice being Memo. No. 1360/R.M./SARFAESI, dated 08/11/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, in connection with Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002, only on 14^th day of November’ 2023. The said notice directed in the said mentioned case about the date fixed on 23-11-2023.

2. That the said Notice under Memo. No. 1360)/R.M./SARFAESI, dated 08/11/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, is without any copy of any application or Claim, whatsoever of the Punjab National Bank. Therefore my client is not in any iota or knowledge of any claim put forward by the said Punjab National Bank; Even the said notice did not speak for itself. The said notice also did not speak about ant property as no schedule of any immovable property has ever been given or described, so far. Thus my client is need to have a copy of the application/ petition / claim/ affidavit with all annexures and /or documents or papers relied on by the Punjab National Bank.

3. That the following cases are pending before the Hon’ble Debt Recovery Tribunal, Siliguri, which has been duly lodged by my client against the Punjab National Bank for their unlawful acts & omissions;

(a) SA/26/2022;

(b) SA/27/2022;

Which are pending for final hearing before the Hon’ble Tribunal. It is pertinent to states that the Punjab National Bank failed to answer / reply on the application of my client, which has been noted with dissatisfaction in the order of the Hon’ble Tribunal, with a direction on the Chief General Manager of the Punjab National Bank. Further it is pertinent to states that the Punjab National Bank has taken steps during the pendency of the proceedings before the Hon’ble Tribunal, which has been turned down by the Hon’ble Tribunal.

4. That in the given fact, my client would place appropriate application before the Hon’ble DRT, Siliguri, at the earliest and will inform you the same. It is pertinent to state that the disputes between my client and the Punjab National Bank is subjudice before the Hon’ble DRT, Siliguri, and the same is awaiting for final hearing, wherein the Punjab National Bank willfully failed to reply or answer on the application of my client.

I, for and on behalf of my client requesting you to kindly provide the copy of application/ petition/ claim, etc. of the Punjab National Bank, to put forward necessary comments on the same and also take endavour to give the copy of the documents/ papers relied on by the Punjab National Bank, so that my client necessarily put forward her comments on those documents/ papers, so far, by the next date fixed in the above referred proceeding initiated by the Punjab National Bank before your good offices. Further my client will abide to inform you about any further order of the Hon’ble DRT, Siluguri, in the proceeding being (a) SA/26/2022, & (b) SA/27/2022 and also in relation to the proceeding referred herein above, which is pending before your good offices, which please note, copy kept for future references.

Thanking you,

Yours’ faithfully,

Ashok Kumar Singh,

Advocate

High Court Calcutta

Copy to ;

3. The District Magistrate, Murshidabad, having it’s Office of the District Magistrate, New Administrative Building, Berahampur, District – Murshidabad, Pin – 742101, Email : dm-mur-wb@nic.in

{For information & necessary action} only.

Reply Letter to Bank

Date : 3^rd day of November’ 2023

To,

Email : admlr.murshidabad@gmail.com

Mobile Number : 9434770001.

Ref.: Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002.

In the matter of ;

Punjab National Bank, Nimtala Chunakhali Branch

- Versus –

1. Hasna Bewa, Wife of Late Janaruddin Sekh (Borrower);

2. Mehboob Sk, Son of Late Janaruddin Sekh

_______(Respondents All)

Memo. No. 1323/1(3)/R.M./SARFAESI, dated 16/10/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad.

My Client : Hasna Bewa, Wife of Late Janaruddin Sekh, of Village Ustia, Post Office – Muktinagar, Police Station – Berhampore, District – Murshidabad, Pin – 742102, West Bengal.

WITHOUT PREJUDICE

REPLY ON YOUR NOTICE DATED 16/10/2023;

Dear Sir,

1. That my Client has received your Notice being Memo. No. 1323/1(3)/R.M./SARFAESI, dated 16/10/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, in connection with Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002, only on 2^nd day of November’ 2023. It appears from the envelop which is of Punjab National Bank, Murshidabad Circle Sastra, 26/11, S.S.Sen Road, Post Office – Berhampore, District – Murshidabad, Pin – 742101 (W.B.), and the said envelop has been posted only on 31^st day of October’ 2023, which has been delivered only on 2^nd day of November’ 2023, which clearly come through the track consignment report obtained from the Postal Web Server.

2. That very interestingly the notice issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, in connection with Case No. 20/2023 {Summon/ Notice in Connection with hearing of SARFAESI Act, 2002}, Notice under Section 14 of SARFAESI Act 2002, and Security Interest (Enforcement) Rules, 2002, has never been posted by him in an official envelop and the same has been posted under the envelop of the Punjab National Bank, which has been posted only on 31^st day of October’ 2023, therefore very surprisingly my client failed to understand that what prevented the issuing officer not post the said notice well within time, and the another one, what prompted him to give such notice to the official of the Punjab National Bank, and more interestingly, why such notice has been booked for post only on 31^st day of November’ 2023, therefore my client did not avail appropriate time to place her defence and the facts against the said given notice and the Punjab National Bank.

3. That the said Notice under Memo. No. 1323/1(3)/R.M./SARFAESI, dated 16/10/2023, issued by Officer-in-Charge, SARFAESI Act, 2002, Murshidabad, is without any copy of any application or Claim, whatsoever of the Punjab National Bank. Therefore my client is not in any iota or knowledge of any claim put forward by the said Punjab National Bank; Even the said notice did not speak for itself. The said notice also did not speak about ant property as no schedule of any immovable property has ever been given or described, so far. Thus my client is need to have a copy of the application/ petition / claim/ affidavit with all annexures and /or documents or papers relied on by the Punjab National Bank.

4. That the following cases are pending before the Hon’ble Debt Recovery Tribunal, Siliguri, which has been duly lodged by my client against the Punjab National Bank for their unlawful acts & omissions;

(a) SA/26/2022;

(b) SA/27/2022;

Photostat copies of all the orders are enclosing herewith and marked as Annexure –“A”.

5. That in the given fact, my client would place appropriate application before the Hon’ble DRT, Siliguri, at the earliest and will inform you the same. It is pertinent to state that the disputes between my client and the Punjab National Bank is subjudice before the Hon’ble DRT, Siliguri, and the same is awaiting for final hearing, wherein the Punjab National Bank willfully failed to reply or answer on the application of my client.

Thanking you,

Yours’ faithfully,

Ashok Kumar Singh,

Advocate

High Court Calcutta

Copy to ;

3. The District Magistrate, Murshidabad, having it’s Office of the District Magistrate, New Administrative Building, Berahampur, District – Murshidabad, Pin – 742101, Email : dm-mur-wb@nic.in

{For information & necessary action} only.