Examination in Chief in Matrimonial Suit

 

District: South 24 Parganas. 

In the Court of Learned District Judge at Alipore, South 24 Parganas

 

Matrimonial Suit No:  2052 of 2024.

 

In the Matter of: 

Sri. Sayan Mukherjee, Son of: Santunu Mukherjee, Aged about: 26 Years, Residing at: Premises no. 1/4, Rajendraprasad Colony, Post Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District: South 24 Parganas. 

..... Petitioner No: 1/Husband.

 

And 

 

Smt. Nistha Bakshi, Wife of: Sayan Mukherjee, Daughter of: Tilak Bakshi, Aged about: 25 Yrs Residing at: 60, Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur University, Kolkata: 700032. 

.........Petitioner No: 2/Wife. 

 

Examination in Chief on Affidavit of the Petitioner No. 2 / Wife

 

 

 

Affidavit

 

I, Smt. Nistha Bakshi, Wife of: Sayan Mukherjee, Daughter of: Tilak Bakshi, Aged about: 25 years residing at Premises no. 60, Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur University, Kolkata: 700032, do hereby solemnly affirms and says as follows: 

 

1.   That I am the Petitioner no. 2, herein in the present Matrimonial Suit. I am well conversant and acquainted with the material facts as stated in the Suit. 

 

2.   That I beg to say that I and the Petitioner No: 1, got married with each other according to the Hindu rights and ceremony and the said Marriage was registered according to the Special Marriage Act 1954 on 25^th Day of March 2016. The Social Marriage was solemnized between us on.................. and  from the very next day of our marriage, we started to live as husband and wife Under one roof at the Petitioner no. 1, residence being Premises no. 1/4, Rajendraprasad Colony, Post Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District: South 24 Parganas. 

 

3.   That I beg to say that before marriage the Petitioner no. 1, was engaged in the service and was residing at the Premises no. 1/4, Rajendraprasad Colony, Post Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District: South 24 Parganas. I was engaged in house hold work at my parental home at Premises No. 60, Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur University, Kolkata: 700032. 

 

4.   That I beg to say that our marriage was duly consummated between us.

 

5.   That I beg to say that from our wed lock one female Child born who named as Sanvika Mukherjee on 6th April 2017. 

 

6.   That I beg to say that after birth of the said minor child there was frequent cruel relinquished between us in relating to very petty issues. 

 

7.   That I beg to say that thereafter both of us realized that there is differences of opinion, habit, decision making, like, dislike etc., for which we are not able to continue with the matrimonial tie. 

 

8.   That I beg to say that the family members and the well wishers tried to dissolve our marital issues and set in meetings to resolve but they failed then we decided to dissolve our marriage by a decree of mutual consent. 

 

9.   That I beg to say that the consent for the mutual divorce is not obtained by force, fraud, collusion or undue influence what so ever and we in our free will and consent decided to execute and to file mutual divorce to dissolve our marriage by a decree of mutual consent. 

 

10.        That I beg to say that I left my matrimonial home on 20^th day of August’ 2022 and since then I am residing at my parental home, at Premises No. 60, Bikramgarh, 3^rd Floor, Near Hari Sava Math, Jadavpur University, Kolkata: 700032, District South 24 Parganas. 

 

11.        That I beg to say that the minor female child Sanvika Mukherjee stay in the custody of the Petitioner no. 1 and I may have right to visit my child and take care with my love and affection.

 

12.        That I beg to say that no Case is pending between us before any Court of Law.

 

13.        That I beg to say that I will not put any claim for maintenance or alimony, at present or in future from the Petitioner no. 1.

 

14.        That I am seeking to get a decree of Mutual Divorce under Section 28 Special Marriage Act 1954, by way of dissolution of our marriage dated 25^th Day of March 2016. 

 

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

 

 

 

DEPONENT

Identified by me,

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

Dated : 1^st February’ 2025

Place : Alipore Judges’ Court

 

N O T A R Y

 

Communication for date of Hearing

 

Date : _____January’ 2025

To,

1. Canara Bank, Chowringhee Branch, having its Office address as Premises being no. 7, Kyd Street, Police Station – Park Street, Kolkata – 700016. Email : cb0145@canarabank.com

3. The Authorized Officer, Canara Bank, Chowringhee Branch, having its Office address as Premises being no. 7, Kyd Street, Police Station – Park Street, Kolkata – 700016. Email : cb0145@canarabank.com

Ref.: S. A. No. 627 of 2024;

In the matter of;

M/s. Global Aqua & Anr., – Versus – Canara Bank & Anr.,;

Pending before the Hon’ble DRT Kolkata 3;

 

Reg.: IA no. 393 of 2025, being an application for stay of Order dated 21-01-2025, and IA no. 395 of 2025, being Put up petition for advance urgent hearing;

 

 

 

 

Dear Sir/s, Madam/s,

 

Please take note that copies of the above referred IA applications being no. 393 of 2025 with all annexures and IA no. 395 of 2025, has already been served upon you, which has been received by you on 27/01.2025.

 

Please take further note that the said applications have been fixed for hearing on 6^th February’ 2025 ), before the Hon’ble Debts Recovery Tribunal Kolkata - 1, when please attend the Hon’ble Tribunal.

 

This is for your information and necessary action. Please take steps accordingly.

 

Kindly do the needful and oblige.

 

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh,

Advocate

High Court Calcutta

Communication on Respondent Bank

 

Date : 27^th day of January’ 2025

To,

1. Canara Bank, Chowringhee Branch, having its Office address as Premises being no. 7, Kyd Street, Police Station – Park Street, Kolkata – 700016. Email : cb0145@canarabank.com

3. The Authorized Officer, Canara Bank, Chowringhee Branch, having its Office address as Premises being no. 7, Kyd Street, Police Station – Park Street, Kolkata – 700016. Email : cb0145@canarabank.com

Ref.: S. A. No. 627 of 2024;

In the matter of;

M/s. Global Aqua & Anr., – Versus – Canara Bank & Anr.,;

Pending before the Hon’ble DRT Kolkata 3;

 

Reg.: IA no. 393 of 2025, being an application for stay of Order dated 21-01-2025, and IA no. 395 of 2025, being Put up petition for advance urgent hearing;

 

 

 

 

Dear Sir/s, Madam/s,

 

Enclose Please find herewith a copy of IA no. 393 of 2025, being an application for stay of Order dated 21-01-2025, with all annexures thereof and IA no. 395 of 2025, being Put up petition for advance urgent hearing, for your kind references & Perusal thereof.

 

Kindly do the needful and oblige.

 

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh,

Advocate

High Court Calcutta

Dated : 27/01/2025

AFFIDAVIT OF DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8^th 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 DECLARATION

 

FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

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 of the Order dated 21-01-2025, passed in Complaint Case No. 220 of 2024, by the Learned A.C.J.M. Uluberia, Howrah, and the another IA diary no. ___________ of 2025, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, has been submitted before the Hon’ble Tribunal.

 

4. That I say that no application has ever been preferred by me before the Hon’ble DRAT, Kolkata, or any other High Forum including the Hon’ble High Court at Calcutta, in connection with the present SA application pending before the Hon’ble DRT Kolkata III.

 

5. That I say that so far my knowledge concern I did not receive any application ever preferred by the Respondent Bank i.e. Punjab National Bank, pending before the Hon’ble DRT Kolkata III, and or before the Higher Forum including the Hon’ble High Court at Calcutta. I have no knowledge that the Respondent Bank has ever preferred any application to High Forum, in respect of the present SA application.

 

6. That I say that as per my knowledge concern there is no application has ever been preferred either by me, or by the Respondent Bank before the Hon’ble DRAT Kolkata, and before the High Forum including the Hon’ble High Court at Calcutta, till the day in placing 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 A.C.J.M. Uluberia, Howrah, and the another IA diary no. ___________ of 2025, being Put up petition for advance urgent hearing of the said IA application for interim protection from the purported actions of the defendant Bank, before the Hon’ble DRT Kolkata III.

 

7. 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

(8^th 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 DECLARATION FOR NO CASE PENDING BEFORE HIGHER FORUM

 

 

 

 

 

 

 

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

 

 

 

AFFIDAVIT OF SERVICE FOR THE DATE OF HEARING

 

IN THE DEBTS RECOVERY TRIBUNAL III, KOLKATA

JEEVAN SUDHA BUILDING (8^th 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 DATE OF 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 the 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, which has been fixed for hearing on _________________2025. The forwarding Letter of my Learned Advocate intimating about the date of hearing of the Stay application 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

(8^th 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 DATE OF 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