Sunday, February 2, 2025

AFFIDAVIT OF SERVICE FOR THE STAY APPLICATION OF ORDER DATED 21-01-2025 & ADVANCE HEARING

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. 627 OF 2024

(Diary No. 1210 of 2024)

 

                                        In the matter of;

M/s. Global Aqua, & Another;

--- ---- PETITIONERS

 

VERSUS

 

Canara Bank, & Another;

----- ---- RESPONDENTS

 

AFFIDAVIT OF SERVICE FOR THE STAY APPLICATION OF ORDER DATED 21-01-2025 & ADVANCE HEARING;

 

 

AFFIDAVIT

 

I, Jayanta Chowdhury, proprietor of M/s. Global Aqua, Son of Late Ajay Chowdhury, having Office and residence at Premises being no. 44/1A, Shyamnagar Road, Police Station – Dum Dum, Kolkata – 700055, District North 24 Parganas, West Bengal, do hereby solemnly affirm and says as follows;

 

1. That I am being the applicant no. 2, herein in the above referred SA application acquainted and conversant with the material facts stated therein. I am the Proprietor of the applicant no. 1, herein. I am competent to swear this affidavit.

 

 

 

 

 

 

 

 

2. That the above referred application has been placed in sub section (1) of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act’ 2002, challenging the Demand Notice under Section 13(2) of SARFAESI Act 2002, as well as the Possession Notice and purported action of the defendant Bank.

 

3. That one IA application being diary no. __________ of 2025, being Interim Application, praying to Stay the Order dated 21-01-2025, passed in Complaint Case no. 220 of 2024, by the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah, and IA no. __________of 2025, being an application for advance hearing, has been placed before the Hon’ble Tribunal, and the copy of which along with all annexures has served on the respondent bank. The forwarding Letter of my Learned Advocate along with the Photostat copy of the application to stay the Order dated 21-01-2025, passed in Complaint Case no. 220 of 2024, by the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah, served on the respondent bank by hand delivery.

 

Photostat Copy of the said Letter dated ________day of January’ 2025, showing the stamp and signature of the respondent bank is annexed herewith and marked as Annexure – “A”.

 

4. That the above statements are true to the best of my knowledge and belief.

 

 

 

 

DEPONENT

 

Identified by me,

 

Advocate

Prepared in my Chamber,

 

 

Advocate

Date : _________________2024;

Place : Kolkata                                                                       N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING

(8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ____________OF 2025

(Diary No. __________of 2025)

arising out of

SA NO 627 OF 2024

(Diary No. 1210 of 2024)

 

 

In the matter of ;

GLOBAL AQUA & ANR.

--- ---- PETITIONERS

VERSUS

 

CANARA BANK & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

 

AFFIDAVIT OF SERVICE FOR THE STAY APPLICATION OF ORDER DATED 21-01-2025 & ADVANCE HEARING;

 

 

 

 

 

Advocate on Record;

 

Ashok Kumar Singh, Advocate High Court Bar Association Room No. 15, High Court Calcutta, Mobile Number : 9883070666, 9836829666, Email : aksinghadvocate@rediffmail.com

 

Put up Petition for Advance Hearing

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. 627 OF 2024

(Diary No. 1210 of 2024)

 

GLOBAL AQUA & ANR.                          --- ------ PETITIONER

 

VERSUS

 

CANARA BANK & ANR.                      ----- ---- RESPONDENTS

 

 

PUT-UP PETITION FOR ADVANCE URGENT HEARING OF AN APPLICATION TO STAY THE ORDER DATED 21-01-2025;

 

INDEX

 

Sl. No.

Particulars

Annexure

Pages

1

Put-Up Petition for advance urgent hearing of an application to Stay Order dated 21-01-2025;

-

1 & 2

 

 

Advocate – on – record :

 

 

 

 

Ashok Kumar Singh,

Advocate.

High Court, Calcutta.

High Court Bar Association Room No. 15, High Court Calcutta, Mobile Number : 9883070666, 9836829666, Email : aksinghadvocate@rediffmail.com

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. 627 OF 2024

(Diary No. 1210 of 2024)

 

GLOBAL AQUA & ANR.                          --- ------ PETITIONER

 

VERSUS

 

CANARA BANK & ANR.                      ----- ---- RESPONDENTS

 

The humble petition on behalf of the abovenamed Applicant

Most respectfully sheweth:-

1.       That a put-up application is being filed by your Petitioner for certain urgent reliefs.

 

2.       That under such circumstances, it is humbly prayed that your Honour may direct the concerned Department to put-up the case record immediately on board before the Learned Tribunal for necessary intervention and consideration.

 

3.       That the application is made bonafide and for the end of Justice.

Hence, it is humbly prayed that Your Honour may graciously be pleased to direct the concerned Department to put-up the case record immediately on board before the Learned Tribunal for necessary intervention and consideration, and / or 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, your petitioner as in duty bound shall ever pray.

 

 

 

 

 

AFFIDAVIT

 

I, Jayanta Chowdhury, proprietor of M/s. Global Aqua, Son of Late Ajay Chowdhury, having Office and residence at Premises being no. 44/1A, Shyamnagar Road, Police Station – Dum Dum, Kolkata – 700055, District North 24 Parganas, West Bengal, do hereby solemnly affirm and declare as under :-

 

1 : That I am the applicant no. 2, herein and thoroughly conversant with the facts and circumstances of the present case. I am the Proprietor of the applicant no. 1, and am competent to swear this affidavit.

 

2 : That the statements made in the paragraph number 1 is true to my knowledge and belief and the rests are my humble submissions before the Hon’ble Tribunal.

 

3 : That the facts contained in 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

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated :_____day of January’ 2025.

Place :Kolkata.                                          

 

N O T A R Y

 

 

 

 

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING

(8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ____________OF 2025

(Diary No. __________of 2025)

arising out of

SA NO 627 OF 2024

(Diary No. 1210 of 2024)

 

 

In the matter of ;

GLOBAL AQUA & ANR.

--- ---- PETITIONERS

VERSUS

 

CANARA BANK & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

 

PUT-UP PETITION FOR ADVANCE HEARING

 

 

 

 

 

 

 

Advocate on Record;

 

Ashok Kumar Singh, Advocate High Court Bar Association Room No. 15, High Court Calcutta, Mobile Number : 9883070666, 9836829666, Email : aksinghadvocate@rediffmail.com

 

 

 

 

Index in application challenging the Order passed by ACJM in Section 14 of SARFAESI Act 2002

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. 627 OF 2024

(Diary No. 1210 of 2024)

 

GLOBAL AQUA & ANR.                              --- ---- APPLICANTS

 

VERSUS

 

CANARA BANK & ANR.                        ----- ---- RESPONDENTS

 

AN APPLICATION TO SET ASIDE ORDER DATED 21/01/2025, PASSED IN COMPLAINT CASE NO. 220 OF 2024, RE-CHRISTENED AS MISC CASE NO. 29 OF 2025, CNR NO. WBHW120023152024, (CASE U/S. 14 SARFAESI ACT) BY LEARNED COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ULUBERIA, HOWRAH (J.O. CODE – WB 00953);

INDEX

Sl. No.

Particulars

Annexure

Pages

1

An application to set aside an Order dated 21-01-2025, passed in Complaint Case No. 220 of 2024, by the Learned ACJM, Uluberia, Howrah (J.O. Code – WB00953);

-

 

2

Certified Copy of Order dated 21-01-2025, passed in Complaint Case No. 220 of 2024;

-

 

3

Photostat Copies of the Possession Notice dated 03-07-2024, and Notice dated 28/03/2023, under Section 13(2) of the SARFAESI Act’ 2002;

A

 

4

Photostat Copy of the Term Loan Statements;

B

 

5

Photostat copy of the GECL guideline and related notification with the GECL Loan Statements;

C

 

6

Photostat copy of the Sanction Memorandums of Packing Credit;

D

 

7

Photostat copies of the Email communications between the Petitioner and the Respondent Bank;

E

 

8

Photostat Copy of the said Notice dated 07/10/2024, and subsequent Corrigendum dated 19th day of October’ 2024;

F

 

9

Photostat Copy of the Sanction Memorandum of Housing Loan dated 27-09-2023;

G

 

Advocate – on – record :

 

Ashok Kumar Singh,

Advocate.

High Court Bar Association Room No. 15,

High Court, Calcutta.

Mobile Number : 9883070666 / 9836829666

E-mail : aksinghadvocate@rediffmail.com