Sunday, February 2, 2025

application for advance urgent hearing before DRT

 

IN THE DEBTS RECOVERY TRIBUNAL II,

KOLKATA

JEEVAN SUDHA BUILDING (9th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. _________ OF 2025

(Diary No. ______________ of 2025)

 

PRASANTA BISWAS.                           --- ------ PETITIONER

 

VERSUS

 

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

 

 

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

 

INDEX

 

Sl. No.

Particulars

Annexure

Pages

1

Put-Up Petition for advance urgent hearing of an application to Stay on the Possession Notice dated 21-01-2025;

-

1 & 2

 

 

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

 

 

 

 

 

 

 

IN THE DEBTS RECOVERY TRIBUNAL II, KOLKATA

JEEVAN SUDHA BUILDING (7th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ______________Of 2025

(Diary No. ______________of 2025)

Arising out of

SARFAESI APPLICATION NO. _______________ OF 2025

(Diary No. _________________ of 2025)

 

PRASANTA BISWAS.                           --- ------ 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, PRASANTA BISWAS, Son of Dhirendranath Biswas, aged about _____years, by faith Hindu, by Occupation _______, residing at Village – Taldi, Police Station – Canning, District – South 24 Parganas, Pin – 743376, West Bengal, do hereby solemnly affirm and declare as under :-

 

1 : That I am the applicant and thoroughly conversant with the facts and circumstances of the present case 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 II, KOLKATA

JEEVAN SUDHA BUILDING

(7th FLOOR)

42C, J.L. NEHRU ROAD

KOLKATA – 700 071

 

IA NO. ____________OF 2025

(Diary No. __________of 2025)

arising out of

SA NO ____________ OF 2025

(Diary No. _________ of 2025)

 

In the matter of ;

PRASANTA BISWAS

--- ---- PETITIONER

 

VERSUS

 

CANARA BANK & ANR.

----- ---- RESPONDENTS

 

 

 

 

 

PUT-UP PETITION FOR ADVANCE URGENT HEARING

OF AN APPLICATION TO STAY ON THE POSSESSION NOTICE DATED 21-01-2025;

 

 

 

 

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

 

 

 

Examination in Chief on affidavit in Mutual Divorce 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. 1 / Husband

 

 

 

Affidavit

 

I, Sri. Sayan Mukherjee, Son of Santunu Mukherjee, Aged about 26 Years, by Faith Hindu, By Occupation Service, Residing at Premises being no. 1/4, Rajendraprasad Colony, Post Office Tollygunge, Police Station Jadavpur, Kolkata 700033, District South 24 Parganas, do hereby solemnly affirms and says as follows: 

 

1.   That I am the Petitioner no. 1, 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: 2 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 25th 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 my 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 I 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. The Petitioner No: 2 Smt. Nistha Bakshi, before the marriage engaged in house hold work at her 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 the Petitioner No: 2, Smt. Nistha Bakshi, left her matrimonial home on 20th day of August’ 2022 and went to her parental house and since then she is residing at her parental home, at Premises No. 60, Bikramgarh, 3rd 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 my custody under my care and protection and the Petitioner no. 2, Smt. Nistha Bakshi may visit her child and take care with her 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 the Petitioner no. 2, Smt. Nistha Bakshi, will not put any claim for maintenance or alimony, at present or in future from me.

 

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 25th 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 : 1st February’ 2025

Place : Alipore Judges’ Court

 

N O T A R Y