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BEFORE
THE HON’BLE DEBT RECOVERY TRIBUNAL-II;
AT NEW
DELHI-110001.
TSA NO. ___ OF 2022.
IN THE MATTER OF:-
_____________ : APPLICANT
VERSUS
______________________ : RESPONDENT
D.O.H.:- …….2023
REPLICATION ON BEHALF OF THE APPLICANT TO THE WRITTEN
STATEMENT FILED BY THE RESPONDENT TO THE S.A. FILED BY THE APPLICANT.
MOST RESPECTFULLY SHOWETH:-
1.
That the present Replication is filed on behalf of
the Applicant in reply to Written Statement filed by answering Respondent (hereinafter
called as “Respondent”). It is stated that the Respondent has made libelous and
slanderous allegations in their written statement against the Applicant and the
Respondent reserves the right to initiate the legal action as warranted under
the law against the Respondent.
2.
Without prejudice to the foregoing and without in
any manner admitting any of the submissions, contentions and allegations made
in the Written Statement
by answering Respondent save and except
those expressly admitted, the Applicant are tendering its replication to the written statement as under:-
REPLY TO THE PRELIMINARY SUBMISSIONS/OBJECTIONS:-
1. That
the contents of para 1 of the preliminary submissions and objections are matter
of record, need no reply.
2. That
the contents of para 2 of the preliminary submissions and objections are wrong
and denied. It is submitted that the person authorized by the Respondent company
is not competent person to sign and depose on behalf of the Respondent company
and he has not been authorized as per the rules and guidelines of the Act.
3. That
the contents of para 3 of the preliminary submissions and objections are wrong
and denied. It is denied that the Applicant has not approached this
Hon'ble Tribunal with clean hand as the Applicant is hiding the substantial
facts of the case from this Hon’ble Tribunal and has deceit this Hon'ble
Tribunal with the wrong facts to get the undue advantage of stay against the
rightful order of the I.d. CMM, West, Tis Hazari Court, Delhi, with sole
malafide intention to deprive the Answering Respondent from their statutory and
legal rights as per the provisions of the SARFAESI Act, 2002.
4. That
the contents of para 4 of the preliminary submissions and objections are not
denied, hence need no reply.
5. That
the contents of para 5 of the preliminary submissions and objections are wrong
and denied. It is denied that the after due deliberation and
consideration, Applicant Alongwith ______________ agreed to the initially
offered Loan amount executed Sanction Letter and Loan agreement in favor of
Respondent and agreed to adhere to the Repayment schedule and financial
commitments as specifically detailed in the aforesaid Sanction letter and the
Loan agreement.
6. That
the contents of para 6 of the preliminary submissions and objections are wrong
and denied. It is denied that the believing upon the representation
and request of Applicant Alongwith ____________, Respondent, provided a
Complete paper book set of Loan documents i.e. sanction letter, Loan agreement
and others and further initially disbursed a loan against property for the
amount to Rs. __________/- vide loan account no. ________ and thereafter Rs.__________/-
vide Loan account No. _________
7. That
the contents of para 7 of the preliminary submissions and objections are wrong
and denied. It is denied that the Applicant alongwith Mr. _________
and Mrs. _______ after availing the said Loan Facility started making defaults
in the payment of their EMI and had frequently been at default of making timely
payment of EMIs with respect to the financial services availed by them.
8. That
the contents of para 8 of the preliminary submissions and objections are wrong
and denied. It is denied that the Applicant after availing the Loan
Facility did not adhere to the financial commitments made under the aforesaid
agreements and committed defaults with regard to repayment plan. It is further
denied that in view of defaults of interest and installment of principal
remaining overdue in respect of the loans and in accordance with the Master
Circular/ Guidelines for Asset Classification issued by the Reserve Bank of India
(RBI)/ National Housing Board borrower account of Applicant Along -with Mr. ________
and Mrs. _________ have been declared as Non-Perforrning Asset on ________.
9. That
the contents of para 9 of the preliminary submissions and objections are wrong
and denied. It is denied that the it was in Applicants specific
knowledge that continuous defaults at their end being borrower and co-borrower
would lead to their loan account being classified as NPA, despite which the
Applicants failed to adhere to the re-payment schedule.
10. That
the contents of para 10 of the preliminary submissions and objections are wrong
and denied. It is denied that the in furtherance to the
classification of Loan account of Applicant as NPA and still unceasing defaults
in payment of EMIs by the Applicants, the Respondent left with the only option
to exercise its rights provided under section 13 Clause 2 of the Act, 2002 and
served a Demand Notice dated _________ to the Applicants cum Borrower and
Co-borrower. It is further denied that as per the mandatory provisions of
SARFAESI Act, 2002, the said demand notice dated ______ was also served on the
Applicant through publication in News Paper (Both Hindi and English Editions).
11. That
the contents of para 11 of the preliminary submissions and objections are wrong
and denied. It is denied that the despite the service of above said
Demand notice through speed post and newspaper publication Applicant and the
Co-borrower failed to discharge their liability within the stipulated time
period of 60 (Sixty) days and the Respondent was further constrained to serve
Possession Notice dated _________ U/s 13(4) of SARFAESI Act, 2002.
12. That
the contents of para 12 of the preliminary submissions and objections are wrong
and denied. It is denied that the Applicant along with Co-borrowers
failed to honor the Repayment schedule and made number of defaults in making
the timely payment of EMIs subject to which the Respondent has served reminders
through Demand Notice dated _____ and Possession Notice dated ________ to the
Applicant but the Applicant did not pay any heed to the said reminders and
deliberately ignored the same.
13. That
the contents of para 13 of the preliminary submissions and objections are wrong
and denied. It is denied that as per the statement of account
maintained in ordinary course of business as on _________ the total outstanding
amount is Rs._________/- vide loan account no. ________ and Rs. __________ vide
Loan Account no. ______which is jointly and severally due and payable by
Applicant and Other co-borrowers. It is further denied that the said
outstanding dues, Applicant and Other co-borrowers are also liable to pay
interest and other charges accruing to the said credit facilities.
14. That
the contents of para 14 of the preliminary submissions and objections are wrong
and denied. It is denied that the Respondent has rightfully approached
the Hon'ble Court of Ld. CMM, West, Tis Hazari Court, Delhi and obtained the
impugned order dated _____ passed by the Ld. CMM, West, Tis Hazari Court, Delhi
under section 14 of the SARFAESI Act, 2002 to take over the possession of the
Secured Asset i.e. Entire First Floor without roof rights out of free hold property bearing no. ___
out of Khasra No.
______ situated the area of Village __________, New Delhi-110027.
15. That
the contents of para 15 of the preliminary submissions and objections are wrong
and denied. It is denied that the Applicant have made false,
concocted and defaming allegations on the Respondent with the sole intention of
depriving the Respondent from executing their statutory rights under SARFAESI
Act to take possession of the Mortgaged property.
16. That
the contents of para 16 of the preliminary submissions and objections are wrong
and denied. It is denied that the present Securitization Application
(S.A.) is a Malafide attempt of the Applicants to deprive the Respondent of the
statutory right to recover the debt under SARFAESI Act, 2002 as the Applicants have produced wrong and baseless
facts before this Hon'ble Tribunal to wrongfully attain relief from this court
and failed to produce any substantial evidence in support of their contentions,
therefore the present Securitization Application is liable to dismissed with
exemplary cost.
REPLY TO PRELIMINARY OBJECTIONS:-
A. Reply
to Non-Joinder of Necessary Parties;
1. That
the contents of para 1 of the preliminary submissions are wrong and denied. It
is submitted that the Applicant along with _________________________never approached
the Respondent for any a Housing Loan Facility.
2. That
the contents of para 2 of the preliminary submissions are matter of record,
need no reply.
3. That
the contents of para 3 of the preliminary submissions are reproduction of legal
procedure, need no reply.
4. That
the contents of para 4 of the preliminary submissions are wrong and denied. It
is denied that the Applicant
has further deliberately chose to not to implead _________________________as a
party to the present application Imowingly the Loan was issued to Applicant
alongwith __________________.
A. Reply
to Misuse of process of law and suppression of true and correct facts;
1. That
the contents of para 1 of the preliminary submissions are wrong and denied. It
is denied that the petition is bad in law and only a misuse
and abuse of process of law further is only filed with the sole intention to
harass, infringe and to cause wrongful loss to the Party.
2. That
the contents of para 2 of the preliminary submissions are wrong and denied. It
is denied that the Applicant has not approached this
Hon'ble Tribunal with clean hands and suppressed true and correct facts from
this Hon'ble Tribunal.
3. That
the contents of para 3 of the preliminary submissions are wrong and denied. It
is denied that the Applicants are trying to deceit this
Hon'ble Tribunal by putting wrong facts before this Tribunal by wrongly
submitting that the Respondent did not sewed the 'Demand Notice' under section
13 clause (2) of the SARFAESI Act to the Applicants as it is evident from the
tracking report of Demand Notice dated ________ that the Respondent has
strictly complied with the provision of SARFAESI Act, 2002 and sewed all the
Borrower i.e. the Applicant in the present case and the Co-Borrower i.e. _______.
4. That
the contents of para 4 of the preliminary submissions are wrong and denied. It
is denied that the Possession Notice dated ___ U/ s 13(4)
of SARFAESI Act, 2002 was duly served and received by the Applicant which
proves that the Applicant had ample of opportunities to regularize the
defaulted Loan account.
REPLICATION TO THE PARAWISE REPLY:-
1. That
the contents of para 1 of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that Applicant has deliberately chose to not to implead _________________________as
a party to the present application knowingly the Loan was issued to all
Applicant alongwith ___________.
2. That
the contents of para 2 of the reply are matter of record, need no replication and
those of the corresponding para of the application are reiterated as correct.
3. That
the contents of para 3 of the reply are matter of record, need no replication and
those of the corresponding para of the application are reiterated as correct.
4. That
the contents of para 4 of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that the Applicants were duly served with the Possession Notice U/ s
13(4) SARFAESI Act, 2002 dated _______ taking symbolic possession of the secured asset but the
same was neither objected or nor challenged by the S. Applicant.
5. That
the contents of para 5 of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct.
Replication to Reply to the Facts of the Case :-
i. That
the contents of para i) of the reply, need no replication and those of the
corresponding para of the Application are reiterated as correct.
ii. That
the contents of para ii) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that Applicant Along with _________________________approached the
Respondent and requested for a Housing Loan Facility against the Property.
It
is further denied that officials of the Respondent visited the Applicant house
and get kit signed from the applicant.
iii. That
the contents of para iii) of the reply are reiterated and those of the
corresponding para of the application are reiterated as correct. It is denied to
the extent that Applicant Alongwith _________________________approached
the Respondent and requested for a Housing Loan Facility against the Property.
iv. That
the contents of para iv) of the reply are reiterated and those of the
corresponding para of the application are reiterated as correct. It is denied
that the Applicant Along with _________________________approached the
Respondent and requested for a Housing Loan Facility against the Property. It is further denied
that after due deliberation and consideration, Applicant alongwith _________________________agreed
to the offered Loan amount executed Sanction Letter and Loan agreement in favor
of Respondent and agreed to adhere to the Repayment schedule and financial
commitments as specifically detailed in the aforesaid Sanction letter and the
Loan agreement.
It
is further denied that believing upon the representation and request of
Applicant Alongwith _____________, Respondent herein, provided a Complete paper
book set of Loan documents i.e. sanction letter, Loan agreement, passbook and
others and further, disbursed a loan against property for the amount to Rs.________/-
vide loan account no. ________ and Rs._______/- vide Loan account No. _____.
It is further denied that officials
of the Respondent visited the Applicant house and get it signed
from the applicant.
v. That
the contents of para v) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that the Applicant after availing the Loan Facility did not adhere to
the financial commitments made under the aforesaid agreements and committed
defaults with regard to repayment plan. It is further denied that in view of
defaults of interest and installment of principal remaining overdue in respect
of the loans and in accordance with the Master Circular/ Guidelines for Asset
Classification issued by the Reserve Bank of India (RBI) / National Housing
Board borrower account of Applicant Alongwith _________________________have
been declared as Non-Performing Asset on ________.
It
is further denied that the Applicant along with Co-borrowers failed to honor
the Repayment schedule and made number of defaults in making the timely payment
of EMIs subject to which the Respondent has served reminders through Demand
Notice dated _________
and Possession Notice dated _________ to the Applicant but the Applicant did
not pay any heed to the said reminders and deliberately ignored the same.
It
is further denied that the Applicant have made false, concocted and defaming
allegations on the Respondent with the sole intention of depriving the
Answering Respondent from executing their statutory rights under SARFAESI Act
to take possession of the Mortgaged property.
vi. That
the contents of paras vi), vii) and viii) of the reply are reiterated and those
of the corresponding para of the application are reiterated as correct. It is
denied that the Applicant have made false, concocted and defaming
allegations on the Respondent with the sole intention of depriving the
Respondent from executing their statutory rights under SARPAESI Act to take
possession of the Mortgaged property. It is further denied that the applicant
is only trying to dawdle the proceedings and waste time of this Hon'ble Court
by misusing the process of law.
vii. That
the contents of para ix) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that the Respondent is fully aware of its duties and responsibilities as
a Financial Institution and strictly adheres to them, in consonance with the
applicable rules, guidelines and laws. It is further denied that the Respondent
do not ignore or violates any applicable provision of law and has always uphold
the law of the land.
It is further denied that the Respondent has complied with the each mandatory
and required provisions of the SARFAESI Act, 2002. It is further denied that
the Respondent has rightfully approached the Hon'ble Court of LA. CMM, West,
Tis Hazari Court, Delhi and obtained the impugned order dated ________ passed
by the Ld. CMM, West, Tis Hazari Court, Delhi under section 14 of the SARFAESI
Act, 2002 to take over the possession of the Secured Asset i.e. Entire First Floor without roof
rights out of free hold property.
viii. That
the contents of para x) of the reply, need no replication and those of the
corresponding para of the application are reiterated as correct.
ix. That
the contents of para xi-xii) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that Securitization Application (S.A.) is a Malafide attempt of the
Applicants to deprive the Respondent of the statutory right to recover the debt
under SARFAESI Act, 2002 as the Applicants have produced wrong and baseless
facts before this Hon'ble Tribunal to wrongfully attain relief from this court
and failed to produce any substantial evidence in support of their contentions,
therefore the present Securitization Application is liable to dismissed with
exemplary cost.
x. That
the contents of para xiii) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that no cause of action arose in favour of applicant.
xi. That
the contents of para xiv) of the reply are reiterated and those of the
corresponding para of the application are reiterated as correct.
xii. That
the contents of para xv) of the reply are wrong and denied and those of the
corresponding para of the application are reiterated as correct. It is denied
that Securitization Application (S.A.) is a Malafide attempt of the
Applicants to deprive the Answering Respondent of the statutory right to recover the debt
under SARFAESI Act, 2002 as the Applicants have produced wrong and
baseless facts before this Hon'ble Tribunal to wrongfully attain relief from
this court and failed to produce any substantial evidence in support of their
contentions, therefore the present Securitization Application is liable to
dismissed with exemplary cost.
xiii. That
the contents of para xvi) of the reply, need no replication and those of the
corresponding para of the application are reiterated as correct.
REPLICATION TO THE REPLY TO GROUNDS:-
A. That
the contents of para (I) of the reply to grounds are wrong and denied and those
of the corresponding para of the application are reiterated as correct. It is
denied that the Respondent is fully aware of its duties
and responsibilities as a Financial Institution and strictly adheres to them,
in consonance with the applicable rules, guidelines and laws. It is further
denied that Respondent do not ignore or violates any applicable provision of
law and has always uphold the law of the land. It is further denied that the
Respondent has complied with the each mandatory and required provisions of the
SARFAESI Act, 2002. It is further denied that no act or omission of Answering
Respondent has caused any kind of Loss, mental agony, tension or harassment
whatsoever to the Applicants. It is further denied that Applicants were in
complete knowledge of the liabilities of the borrower and by merely disputing
the facts which are apparent on the face of the record is only an attempt to
escape the liability of borrower.
It
is further denied that officials of the Respondent visited the Applicant house
and get kit signed from the applicant.
B. That
the contents of para (II) of the reply to grounds need no replication and those
of the corresponding para of the application are reiterated as correct.
C. That
the contents of para (III) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
It is denied that any act or omission initiated by
Answering Respondent or its officers were completely legal in nature and are in
accordance to the law. It is further denied that Respondent is fully aware of
its duties and responsibilities as a Financial Institution and strictly adheres
to them, in consonance with the applicable rules, guidelines and laws. It is
further denied that Respondent do not ignore or violates any applicable
provision of law and has always uphold the law of the land. It is further
denied that the Respondent has complied with the each mandatory and required
provisions of the SARPAESI Act, 2002. It is further denied that the Respondent
has rightfully approached the Hon'ble Court of Ld. CMM, West, Tis Hazari Court,
Delhi and obtained the impugned order dated _________ passed by the Ld. CMM,
West, Tis Hazari Court, Delhi under section 14 of the SARFAESI Act, 2002 to
take over the possession of the Secured Asset i.e. Entire First Floor without roof rights out of free
hold property.
D. That
the contents of para (IV) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
It is denied that officials of the Respondent visited the
Applicant house and get kit signed from the applicant. It is further denied that
the Respondent has rightfully approached the Hon'ble Court of Ld. CMM, West,
Tis Hazari Court, Delhi and obtained the impugned order dated _________ passed
by the Ld. CMM, West, Tis Hazari Court, Delhi under section 14 of the SARFAESI
Act, 2002 to take over the possession of the Secured Asset i.e. Entire First Floor
without roof rights out of free hold property.
E. That
the contents of para (V) of the reply to grounds are wrong and denied and those
of the corresponding para of the application are reiterated as correct.
F. That
the contents of paras (VI-VII) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
It is denied that Respondent has rightfully approached the Hon'ble Court of Ld.
CMM, West, Tis Hazari Court, Delhi and obtained the impugned order dated ___________
passed by the Ld. CMM, West, Tis Hazari Court, Delhi under section 14 of the
SARFAESI Act, 2002 to take over the possession of the Secured Asset i.e. Entire
First Floor without roof rights out of free hold property.
G. That
the contents of para (VIII) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
It is denied that the Applicant have made false, concocted and defaming
allegations on the Respondent with the sole intention of depriving the
Respondent from executing their statutory rights under SARFAESI Act to take
possession of the Mortgaged property.
H. That
the contents of para (IX) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
I. That
the contents of para (X) of the reply to grounds are wrong and denied and those
of the corresponding para of the application are reiterated as correct.
J. That
the contents of para (XI) of the reply to grounds are wrong and denied and
those of the corresponding para of the application are reiterated as correct.
It is denied that Securitization Application (S.A.) is a Malafide attempt of
the Applicants to deprive the Respondent of the statutory right to recover the debt
under SARPAESI Act, 2002 as the Applicants have produced wrong and baseless
facts before this Honble Tribunal to wrongfully attain relief from this court
and failed to produce any substantial evidence in support of their contentions,
therefore the present Securitization Application is liable to dismissed with
exemplary cost.
6. That
the contents of para 6 of the reply to prayer are wrong and denied and those of
the corresponding paras of the application are reiterated as correct. It is
denied that the relief prayed by the Applicants is not maintainable as the
Applicant has not approached this Hon'ble Tribunal with clean hands and
deceived this Hon'ble Tribunal by producing wrong and false submissions before
this Hon'ble Tribunal, hence the relief prayed for by the Applicants should be
rejected with exemplary cost.
7. That
the contents of para 7 of the reply are need no replication and those of the
corresponding paras of the application are reiterated as correct.
8. That
the contents of paras 8 of the reply, need no replication and those of the
corresponding para of the application are reiterated as correct.
Prayer para of the written statement
are absolutely wrong and specifically denied. The answering Respondent is not
entitled to the relief claimed for.
Any allegation made in the written
statement and are not specifically denied herein are absolutely wrong and
specifically denied and its non-specifically denial shall not be taken as an
admission on the part of the Applicant.
It
is therefore most respectfully prayed that the relief may kindly be granted in
favour of the Applicant and against the Respondent as prayed in the main suit,
in the interest of justice, equity and circumstances of the case.
Pass such further order or orders as
this Hon’ble Tribunal may deem fit and proper of the facts and circumstances of
the case, in the interest of justice.
It is prayed accordingly.
DELHI APPLICANT
THROUGH
DATED:
____________________-------------------------
ADVOCATE
--------------------------
Mob. No.------------------------
Email: --------------------------
BEFORE
THE HON’BLE DEBT RECOVERY TRIBUNAL-II;
AT NEW
DELHI-110001.
TSA NO. ___ OF 2022.
IN THE MATTER OF:-
__________ : APPLICANT
VERSUS
___________________. :
RESPONDENT
Affidavit of
Mr. ____, aged about …… years, S/o Sh. _________ Kalra R/o ____________________________,
Village Basai Darapur, Delhi-110027, do hereby solemnly affirm and declare as
under :-
1. That I am the Applicant in the captioned
case and am therefore, competent to swear this affidavit.
2. That the contents of the accompanying replication
to the reply have been read over and explained to me in vernacular language and
having understood the same I say that the facts stated therein are true to the
best of my knowledge and belief and nothing material has been concealed
therefrom. That the facts as stated above in the affidavit are true to my
knowledge and no part of the same is false and nothing material has been
concealed therefrom.
VERIFICATION :-
Verified
at Delhi on this ____, day of May, 2023 that the facts stated in the above
Affidavit are true to my knowledge and no part of the same is false and nothing
material has been concealed therefrom.
DEPONENT
