Petition to drop the consumer execution proceeding

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas.

 

EA/77/2019

{ arising out of Complaint Case no. CC/25/2017 }

In the matter of :

Smt. Ranu Ghosh,

                   ________Decree Holder.

-      Versus –

Shri Ram Chandra Shaw,

          _______Judgment Debtor

 

Petition to Drop the present Execution proceeding;

 

The humble petition on behalf of the above named Judgment Debtor Shri Ram Chandra Shaw, most respectfully;

Sheweth as under :

 

1. That the present Execution proceeding submitted by the Decree Holder from the final Order & Judgment dated 17-04-2019, passed by the Learned District Consumer Disputes Redressal Forum, Baruipur, South 24 Parganas, in CC/25/2017.

 

2. That it is pertinent to states that one Appeal under Section 15 of the Consumer Protection Act’ 1986, has been placed by the appellant being the Judgment Debtor herein vide memo of appeal being no. A/426/2019, arising out of the proceeding being no. CC/25/2017, decided by the Learned District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas. The said appeal has been admitted by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, on 17-06-2019, and the direction for notices has been given.

 

3. That it is to states that in the said Appeal being A/426/2019, the Respondent no.1. Smt. Ranu Ghosh, being the Decree Holder herein made her appearance before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal. The said appeal  has been decided finally on 14^th day of September’ 2023, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal. The said Appeal being A/426/2019, is allowed in part on contest. The operative portion of the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, is as follows;

 

“Therefore, for the finality of the litigation, we think it would be just and proper to pass an order towards refund when both parties agreed to the same. As a result, the impugned order dated 17-04-2019, is hereby set aside. Thus, the appeal succeeds in part, hence, the appeal being No. A/426/2019 be and the same is allowed in part on contest. Accordingly, the impugned order is modified to the following extent : The appellant is directed to refund Rs. 12,30,000/- (Rupees Twelve Lakh Thirty Thousand) only with simple interest @ 8% per annum in favour of the Respondent no. 1, from the date of each payment till full realization within 60 (Sixty) days from the date of passing this order. The appellant is also directed to pay litigation cost of Rs. 20,000/- (Rupees Twenty Thousand) only within the aforesaid stipulated period. Thus, the Appeal is disposed of accordingly”..

 

Server Copy of the Order dated 14-09-2023, passed in A/426/2019, is annexed herewith and marked as Annexure – “A”.

 

4. That the Judgment Debtor states that the Decree Holder herein is well within the knowledge of the said Order dated 14-09-2023, passed in appeal being A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, wherein the Hon’ble State Commission was pleased to set aside the impugned Order dated 17-04-2019, passed in CC/25/17, by this Hon’ble Commission, which being the basis of the present Execution case.

 

5. That in the given situation the present Execution case referred herein above lost it surface against the Judgment Debtor. If at all the Decree Holder wish to continue against this Judgment Debtor, the Decree Holder may lodge new Execution application, against the Judgment Debtor.

 

6. That it is pertinent to states that this Judgment Debtor has preferred a Revision Application under Section 21(b) of the Consumer Protection Act’ 1986, against the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, which is yet to be register as the same is lying under verification & scrutiny, in the Registry of the Hon’ble NCDRC, New Delhi.

 

7. That in the given facts and circumstances, the present execution proceeding is liable to stopped being dropped in terms of the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in the interest of administration of Justice.

 

8. 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 dropped the present execution proceeding, in the interest of administration of justice, and or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas.

EA/77/2019

{ arising out of Complaint Case no. CC/25/2017 }

In the matter of :

Smt. Ranu Ghosh,

                   ________Decree Holder.

-      Versus –

Shri Ram Chandra Shaw,

          _______Judgment Debtor

AFFIDAVIT

Affidavit of Sri Ram Chandra Shaw, Son of Kapil Shaw, aged about _______years, by faith Hindu, by Occupation Business, Proprietor of Sarda Construction of East Baidya Para, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas;

I, the above deponent do hereby solemnly affirm and declare as under :

 

1.   That I am the Judgement Debtor No. 1, in the above referred Execution proceeding, 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 present 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.

 

3.   That the above statements of my declarations are true to my knowledge and belief.

 

 

                                                                                      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 ………….the day of …………….2023, at the Baruipur, South 24 Parganas.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : __________________ 2023.

Place : Baruipur, South 24 Parganas.

N O T A R Y

 

 

 

 

 

application by borrower before District Magistrate

 

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 2^nd day of November’ 2023, which has been given under the envelop of the applicant Bank, and the same has been posted only on 31^st 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 3^rd day of November’ 2023. The Petitioner intimated her inability to appear in such short period of time, through her Learned Advocate on 3^rd 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 14^th 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.

 

Affidavit of Service in DRT

 

IN THE DEBTS RECOVERY TRIBUNAL SILIGURI

PCM Tower, 2^nd Floor, 2 no. Mile, Sevoke Road,

Siliguri - 734001.

 

IA no.                  of 2023

Diary Number :

in

SARFAESI APPLICATION NO 27 OF 2022

{ Diary no. 254/2021 }

 

HASNA BEWA

--- ---- APPLICANT

– VERSUS –

 

PUNJAB NATIONAL BANK

----- ---- RESPONDENT

Affidavit of Service

AFFIDAVIT

I, Hasna Bewa, Wife of Late Janaruddin Seikh, aged about 51 years, by faith Muslim, by Occupation Business, residing at premises being Village – Ustia, Post Office – Muktinagar, Police Station – Berahampore, District – Murshidabad, Pin – 742102, West Bengal, do hereby solemnly affirm and say as follows:

 

1.   That I am being the applicant of the above referred application and I am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.

 

2.   That the above referred application has been placed to set aside notice being Memo no. 1323/R.M./SARFAESI, dated 16/10/2023, & Memo no. 1360/R.M./SARFAESI, dated 08/11/2023, and proceeding being Case no. 20/2023, under Section 14 of SARFAESI Act, 2002 & Security Interest (Enforcement) Rules, 2002, pending before the Additional District Magistrate (L.R.), Murshidabad & with Authority Under Section 14 of SARFAESI Act, 2002, under Section 14 of SARFAESI Act, 2002, in the given facts & circumstances.

 

3.   That my Learned Advocate Ashok Kumar Singh, prepared a communication for the said application with all annexure therein, and put up petition for early hearing as to serve on the defendant, The Original Communication Letter dated _______November’ 2023, is enclosing herewith and marked as Annexure – “A”.

 

4.   That I have posted such communication of the Learned Advocate prepared on my behalf through Courier upon the Defendant of the present above referred proceeding, on _________ November’ 2023.  The Original Courier receipts issued by DTDC, and Track Report of delivery on the defendant, are enclosing herewith, collectively marked as Annexure – “B”.

 

5.   That it is also submitted that the Learned Advocate served such communication through Email upon the defendant with a PDF copy of the said application with all annexure. Printout of such email services is enclosing herewith and marked as Annexure – “C”.

 

6.   That the above statements are true to my knowledge and belief.

 

 

 

 

DEPONENT

Prepared in my Office	Deponent is known to me
Advocate	Advocate
Solemnly affirmed before me this         _________day of November’ 2023
	N O T A R Y

District : Murshidabad

IN THE DEBTS RECOVERY TRIBUNAL SILIGURI , PCM Tower, 2^nd Floor, 2 no. Mile, Sevoke Road, Siliguri - 734001.

 

 

IA no.               of 2023

in

S. A.         NO. 27 OF 2022

{ Diary no. 254/2021 }

 

 

In the matter of :

Hasna Bewa,                                                                            ______Applicant

-      Versus –

 

Punjab National Bank

_______Defendant

 

 

 

 

 

Affidavit of Service

 

 

 

 

 

Advocate – on – record :

 

Ashok Kumar Singh, Advocate

High Court Bar association Room No. 15, High Court at Calcutta

Mobile Number : 9883070666 / 9836829666

Email : aksinghadvocate@rediffmail.com