BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

Rejoinder On Behalf Of The Applicants To Reply And

Additional Reply

To,
The Hon’ble Presiding Officer
Hon’ble Debts Recovery Tribunal
Jabalpur, M P

May This Please To Your Lordship

Most Respectfully Showeth;

1. That the respondent bank filed reply to SA on 29/01/2019 and

disclosed the documents, namely, 13(2) notice,

representation submitted by applicants, order under section

13(3A), possession taken on 20/02/2018 and published on

21/02/2018. Nothing else was produced by the respondent

bank in the reply to S A therefore there was no need felt for

filing rejoinder to reply.

2. In response to stay application praying for stay of auction

scheduled on 30/03/2019, respondent bank has filed reply on

26/03/2019 and filed auction sale notice dated 12/03/2019 on

record. Till that point of time also need for filing rejoinder was

no felt.
3. Vide order dated 11/04/2019, this Hon’ble Tribunal after

hearing both sides was pleased to grant interim protection

and issues based on which protection was extended have

been noted in the order. Those issues are; (i) 8(6) notice not

served in accordance with law, (ii) account is not NPA in

accordance with law, (iii) devolved LC amount has been

wrongly debited in CC account and higher rate of interest has

been charged, (iv) security documents are signed in blank.

4. After order dated 11/04/2019, respondent bank has filed

additional reply and provided documents, namely,

hypothecation documents, instructions issued by RBI dated

01/07/2011 and by bank of Baroda dated 03/09/2015 and

24/10/2018, envelope addressed to shree coal carrier and

internal dispatch register.

5. Contents of additional reply are incorrect misleading therefore

denied. Following rejoinder may be noted and appreciated;

8(6) Notice Not Served In Accordance With Law:

6. In para 7 of the additional reply it has been admitted by the

respondent bank that notice to Neeraj as mentioned in auction

sale notice dated 12/03/2019 has not been sent.

7. It is alleged by the 4 notices were received by the applicants,

which is without any material and substance.

8. Fact remains that no notice has been sent to Shri Neeraj Jain

who owns the property.

9. Averment that mistake of the bank is inadvertent and the

same shall not fall within the purview of material irregularity is

 false and without substance. Law is very clear that process

and provision is to be followed in such special law in the same

manner in which it is provided in the statute book. If notice is

not sent to Shri Neeraj Jain the same goes to the root of the

matter and renders the entire proceeding illegal.

Account Is Not NPA In Accordance With Law:

10. Respondent bank has made general averment to demonstrate

that account can be NPA for multiple reasons, namely, no

transactions, devolvement of LC, overdue, insufficient

operations, non-availability of drawing power etc.

11. Respondent bank does not specifically mention as to for what

reason out of bundle of reasons account of applicant no. 1

has been classified as NPA.

12. Entire record including 13(2) demand notice demonstrates

that account of applicant has been classified as NPA on the

ground of non-payment only and not for any other reason.

13. In the circumstances the fact that Rs. 50 Lakhs was deposited

on 29/09/2017 to prevent the account from slipping into NPA

at the request of then branch manager. Despite deposit of

said huge amount just a day before account could not have

been classified as NPA.

Devolved LC Amount Has Been Wrongly Debited In CC

Account And Higher Rate Of Interest Has Been Charged:

14. Respondent bank has produced circular by RBI to

demonstrate that in case of devolvement of LC the said

 amount can be debited in CC account and interest of CC

account can be charged in the devolved amount.

15. It is incorrect to allege that any such provision is laid down in

the said circular of RBI.

16. Let the bank demonstrate from the said circular that devolved

LC amount can be deposited / debited in CC account and

interest of CC limit can be levied on such amount. Let the

respondent bank also demonstrate as to what happens to LC

charges / commission charged by the bank for providing said

facility.

Security Documents Are Signed In Blank:

17. In para 4 of the additional reply respondent bank has admitted

that blank documents were taken from the applicants.

18. It is further alleged that blank documents were never enforced

by the respondent bank.

19. It is further admitted that blank documents were provided by

the bank to borrower for their knowledge.

20. It is further admitted that clank hypothecation documents were

signed by the applicants which are available with the bank.

21. In para 5 blank has taken a summersault of its stand and has

averred that it is absolutely incorrect to say that the blank

documents were executed by the applicants.

22. All these submissions / pleadings prove one and one thing

that documents were taken in blank and same have been

filled in later on by the officers of the bank.

23. It is submitted that respondent bank has not denied one very

important fact that after the applicants had demanded for the

documents relied on by the bank for issuance of demand

notice, blank documents were provided by the bank to

applicant’s representative.

24. Thus, it is false to allege that blank documents were not used

to take action against the applicants.

25. Respondent bank may be directed to produce all the

hypothecation documents filed with additional reply, blank

documents alleged to be available with the bank in original for

verification of the applicants.

26. It is denied that that the hypothecation documents filed by the

bank with additional reply were signed by the applicants after

the contents were filled in.

27. In the aforementioned, facts and circumstances of the matter,

instant is a rejoinder, which may kndly be taken on record.

28. An affidavit in support of this rejoinder is being filed herewith.

Place: Jabalpur Filed

By:

Dated: /05/2019 Counsel For Applicants

 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Arun Kumar Jain, Son Of Late Shri Kapoor Chand Jain,

Aged About 62 Years, Resident Of: E7/435 Arera Colony, Bhopal,
M P, applicant no. 2 and proprietor of applicant no. 1, do hereby
solemnly affirm and declare as under:

1. That I am applicant no. 2 and proprietor of applicant no. 1 in the

captioned matter. In view of above position I am conversant with
the facts and circumstances of the case therefore, competent to
swear this affidavit on oath.

2. That the accompanied Rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.
3. All the annexures appended to rejoinder are true copies of their
respective originals.

DEPONENT

VERIFICATION

Signed and verified on this ___ day of May, 2019 at Bhopal

that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Anil Kumar Jain, Son Of Late Shri Kapoor Chand Jain,

Aged About 60 Years, E-4/108 Arera Colony, Bhopal, M P,
applicant no. 3, do hereby solemnly affirm and declare as under:

1. That I am applicant no. 3 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION
 Signed and verified on this ___ day of May, 2019 at Bhopal
that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Nirmala Jain, Wife of Shri Arun Kumar Jain, Aged About 56

Years, Resident Of: E7/435 Arera Colony, Bhopal, M P, applicant
no. 4, do hereby solemnly affirm and declare as under:

1. That I am applicant no. 4 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION

Signed and verified on this ___ day of May, 2019 at Bhopal

that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.
 DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Neeraj Kumar Jain, Son of Shri Arun Kumar Jain, Aged

About 35 Years, Resident Of: E7/435 Arera Colony, Bhopal, M P,
applicant no. 5, do hereby solemnly affirm and declare as under:

1. That I am applicant no. 5 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION

Signed and verified on this ___ day of May, 2019 at Bhopal

that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR
 Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Arvind Kumar Jain, Son Of Late Shri Kapoor Chand Jain,

Aged About 57 Years, Resident Of: 51/C Mata Mandir Road,
Gokulpeth, Nagpur 10, applicant no. 6, do hereby solemnly affirm
and declare as under:

1. That I am applicant no. 6 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION

Signed and verified on this ___ day of May, 2019 at Bhopal

that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier

And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT

I, Manoj Kumar Jain, Son Of Late Shri Kapoor Chand Jain,

Aged About 53 Years, Resident Of: E-6/4 Arera Colony, Bhopal, M
P, applicant no. 7, do hereby solemnly affirm and declare as under:

1. That I am applicant no. 7 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION

Signed and verified on this ___ day of May, 2018 at Bhopal

that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT
BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL,

JABALPUR

Securitisation Application No. 96/2018

In the matter of:

M/s Shree Coal Carrier
And Others … Applicants

Versus

Bank of Baroda … Respondent

AFFIDAVIT
 I, Sadhna Jain, Wife Of Shri Santosh Jain, Aged About 59
Years, Resident Of: C-450, Shahpura, Bhopal, M P, applicant no. 8,
through power of attorney holder do hereby solemnly affirm and
declare as under:

1. That I am applicant no. 8 in the captioned matter. In view of

above position I am conversant with the facts and circumstances
of the case therefore, competent to swear this affidavit on oath.

2. That the accompanied rejoinder has been drawn under my

instructions. I have gone through the same and have understood
the contents of the same, which are true and correct to my
knowledge and belief. No part of the accompanied rejoinder is
false and nothing material has been concealed.

3. All the annexures appended to rejoinder are true copies of their

respective originals.

DEPONENT

VERIFICATION
Signed and verified on this ___ day of May, 2019 at Bhopal
that the contents of the foregoing affidavit are true and correct to my
knowledge and belief. No part of this affidavit is false and nothing
material has been concealed thereof.

DEPONENT