Before
the Learned Additional District Magistrate (L.R.), Murshidabad, & with
Authority under Section 14 of SARFAESI ACT, 2002;
Ref.:
Case No. 20/2023
{Under Section
14 of SARFAESI Act, 2002, and Security Interest (Enforcement) Rules, 2002}
In
the matter of;
Punjab
National Bank, Nimtala Chunakhali Branch;
______Applicant
-
Versus
–
Hasna Bewa,
Wife of Late Janaruddin Sekh (Borrower) and Another;
__Respondents
The humble
Petition on behalf of the Respondent no. 1, Hasna Bewa, Wife of Late Janaruddin
Sekh (Borrower), most respectfully;
Sheweth
as under;
1. That you
petitioner had received a notice at first only on 2nd day of
November’ 2023, which has been given under the envelop of the applicant Bank,
and the same has been posted only on 31st day of October’ 2023. The
said notice being Memo no. 1323/R.M./SARFAESI, dated 16/10/2023, has been
issued by the Officer-in-Charge, SARFAESI Act, 2002, Murshidabad. The said
notice directed for the appearance on 3rd day of November’ 2023. The
Petitioner intimated her inability to appear in such short period of time,
through her Learned Advocate on 3rd day of November’ 2023. The
petitioner intimated about the pendency of application being SA/26/2022 &
SA/27/2022, before the Hon’ble Debt Recovery Tribunal, Siliguri.
2. That
thereafter an another Notice being Memo No. 1360/R.M./SARFAESI, dated
08/11/2023, has been issued by the Officer-in-Charge, SARFAESI Act, 2002,
Murshidabad, which has been delivered to the Petitioner on 14th day
of November’ 2023. The said notice is directed to appear on 23/11/2023.
3. That the
Petitioner is not in receipt of any copy of application or claim statement ever
placed by the applicant bank in the above referred case, as the same has not
been served with the said purported two notices on the petitioner, therefore
the petitioner do not have any iota about the petition on which the case has
ever been registered before the Learned Additional District Magistrate (L.R.),
Murshidabad, & with Authority under Section 14 of SARFAESI ACT, 2002.
4. That the
petitioner has only assumption from the notices that a proceeding under Section
14 of SARFAESI Act, 2002, has been lodged against the petition by the applicant
herein Punjab National Bank. Such an action of the applicant is not desirable,
particularly when the disputes and their actions has been challenged by the
respondent under SARFAESI Act, 2002, before the Hon’ble DRT Siliguri, and the
same is pending for adjudication.
5. That the
Petitioner has preferred to challenge the notices and present referred case
herein above before the Hon’ble DRT Siliguri, with a prayer for stay of the
present case proceeding and the same would be listed for hearing very shortly,
therefore your petitioner seeks the adjournment of the referred case herein
above for a reasonable period of time, so, that your petitioner would able to
submit the order of the Hon’ble DRT Siliguri, at the earliest, in the interest
of administration of justice.
6. That the
Petitioner further seeking a direction upon the applicant Punjab National Bank
to serve a copy of the petition, claim, and the affidavit, with all relied upon
documents, to the Respondent Hasna Bewa, as to enable the petitioner to put her
comment & reply on those documents and petition, claim and affidavit, in
the interest of administration of justice.
7. That unless,
the Learned Additional District Magistrate (L.R.), Murshidabad, & with
Authority under Section 14 of SARFAESI ACT, 2002, adjourn the case referred
herein above and give direction upon the applicant Punjab National Bank to
serve a copy of the petition, claim, and the affidavit, with all relied upon
documents, to the Respondent Hasna Bewa, your petitioner will highly prejudice
and suffer with irreparable loss and injury thereof.
8. That the
preponderance of balance of convenience & inconveniences are in favour of
your petitioner and the applicant Punjab National Bank will not prejudice.
9. That this
application is made bonafide in the interest of administration of justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application and to grant
adjournment of the present referred case for a reasonable period of time, and
to direct the applicant Punjab National Bank to serve a copy of the petition,
claim, and the affidavit, with all relied upon documents, to the Respondent
Hasna Bewa, as to enable the petitioner to put her comment & reply on those
documents and petition, claim and affidavit, in the interest of administration
of justice, and /or to pass such other necessary order or orders as your Honour
may deem, fit, & proper for the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
VERIFICATION
I,
Hasna Bewa, being the Respondent no.1, herein in the above referred Case, under
Section 14 of SARFAESI Act, 2002, made this application. I am conversant and
acquainted with the material facts, as stated by me herein above, in my present
application. I verify and sign this application on ______ day of November’
2023.
