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M,
NOIDA COURTS, UTTAR PRADESH
NO. ____/19
IN THE MATTER:
CHOLAMANDALAM INVESTMENT AND
FINANCE LIMITED …...APPLICANT
VS.
MEMO OF PARTIES
Also at:
2nd Floor, Plot No. 6,
MAIN PUSA ROAD,
KAROL BAGH, NEW DELHI – 110005
VERSUS
2. GURMEET KAUR
P-402, ADITYA MEGA CITY,
VAIBHAV KHAND INDERAPURAM
NEW DELHI 2-201014.
...........RESPONDENTS
APPLICANT
THROUGH
SONIA SINGH
Advocate
CH. No 547, Lawyers Block,
Saket Court Complex,
New Delhi-110017
(M) +91-9312403651
NEW DELHI
DATED:
BEFORE THE LD. C.J.M,
NOIDA COURTS, UTTAR PRADESH
NO. ____/19
IN THE MATTER:
CHOLAMANDALAM INVESTMENT AND
FINANCE LIMITED …...APPLICANT
VS.
SARANJEET SINGH SONDHI&ANR.
...…RESPONDENTS
P.S.: ___________________
4. That the Applicant has authorized Mr. Gaurav Dahiya to file, sign,
verify, institute and follow up the legal proceedings and actions under
the Securitization Act, on behalf of the Applicant. The copy of the
Board Resolution in this respect is annexed and marked as Annexure
“B”.
5. That the Respondent No. 1 is the main borrower of the loan from the
Applicant. The Respondent No. 2 to 4 is the co-borrower of the loan
facilities so extended. Further Respondent.
That The Applicant states that in order to secure the said loans
together with all its related dues, the Borrower(s) created mortgage
in favour of the Original Lender by way of deposit of title deeds of
the immovable PROPERTY NO.1- Residential Plot No.013
Admeasuring 250 sq.mts. in The Block-D of Sector-61 Gautam
Budh Nagar Situated in Noida District.
PROPERTY NO. 2- Shop Bearing No.GC-202 on Second Floor in
The Block Gold Crusht Aditya Mega City (Without Roof Rights)
Admeasuring 1053 sq.fts. In The Complex Located at Plot No.
C/GH-3 Admeasuring 64.489.62 sq.mts.Vaibhav Khand Indirapuram
Ghaziabad Uttar Pradesh.
The copies of the title deeds delivered by the Borrower(s) for
creation of mortgage are annexed hereto and marked as Annexure-
“D”.
9. That in pursuance to the provisions contained in the said Act and also
in view of the fact that the account of the Respondents was declared
as NPA, the Applicant sent and served upon the Respondents a
notice dated 13.05.2019 under Section 13(2) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002, calling upon the Respondents to pay a sum of Rs.
2,98,60,527.36/-(Rupees Two Crore(s) Ninety Eight Lakhs Sixty
Thousand Five Hundred Twenty Seven & Paise Thirty Six Only)
being due as on 13.05.2019 along with interest within 60 (sixty)
days from the date of receipt of the said notice, together with interest
and penal interest till the date of realization of payment. That a sum
of Rs._________________ /- (Rupees _______________________
Only) being due as on ____________ is outstanding against the loan
accounts of the Borrower/co-borrower. The statement of Outstanding
Amount is annexed hereto and marked as Annexure-“G”(Colly).
10. The said notice was sent and served by Registered/A.D. Post. That
by the said notice, the Respondents were called upon by the
Applicant to discharge in full all their liabilities within 60 days from the
date of notice failing which the Applicant would be entitled to exercise
all or any of the rights under sub-section 4 of Section 13 of the said
Act and not limiting to take possession of the said property and effect
subsequent sale. The copy of the said notice along with postal
receipts and proof of service are annexed as Annexure – F (Colly).
11. That the Applicant submits that the property mortgaged against the
Loan Accounts is a secured asset within the meaning of the said Act
and the Applicant is entitled to take possession of the same under the
provisions of the said Act for realization of the amount outstanding
against the loans.
16. That however, the Applicant has an apprehension that at the time of
taking over the possession of the secured asset by the Applicant, the
Respondents may attempt to breach law, order and peace in the area
and thus the police assistance would be required by the Applicant at
the time of the taking over the possession of the secured asset.
17. That it would be otherwise in the interest of equity and justice if the
present petition is allowed by this Hon’ble Court and the relief prayed
for hereinafter are granted.
PRAYER
locks, if any, found on the property and prepare the inventory of the
goods lying in the secured assets.
4. Permit the court receiver to take necessary police assistance for
5. Any other and further orders as may be deemed fit and proper under
APPLICANT
THROUGH
SONIA SINGH
Advocate
CH. No 547, Lawyers Block,
Saket Court Complex,
New Delhi-110017
(M) +91-9312403651
VERIFICATION:
Verified at New Delhi on -----day of Oct. 2019 that the contents of the
above Petition are true and correct to my knowledge which derived from
, no part of it is false and nothing material has been concealed there from.
APPLICANT
BEFORE THE LD. C.J.M,
NOIDA COURTS, UTTAR PRADESH
NO. ____/19
IN THE MATTER:
CHOLAMANDALAM INVESTMENT AND
FINANCE LIMITED …...APPLICANT
VS.
SARANJEET SINGH SONDHI&ANR. .
...…RESPONDENTS
AFFIDAVIT
5. I state that the borrower has not made any representations to the
notice issued under Section 13 (2) of the SARFAESI Act, 2002.
7. I state that the property has been physically visited before the filing of
the present petition and the property has been found to be found to
be in possession of the borrowers.
8. I say that there is no stay has been granted by the Ld. Debts
Recovery Tribunal, Delhi or any court of competent jurisdiction with
respect to the secured property herein.
DEPONENT
VERIFICATION:
Verified at New Delhi on this day of Oct. 2019 that the contents
of my above affidavit are true and correct to the best of my
knowledge which dervied from records maintained by Applicant
company in ordinary course of its business nothing has been
concealed there from.
DEPONENT
BEFORE THE LD. C.J.M,
NOIDA COURTS, UTTAR PRADESH
NO. ____/19
IN THE MATTER:
CHOLAMANDALAM INVESTMENT AND
FINANCE LIMITED …...APPLICANT
VS.
SARANJEET SINGH SONDHI &ANR.
...…RESPONDENTS
INDEX
SL NO. PARTICULARS PAGE NO.
1. Memo of parties
2. Petition under Section 14 SARFAESI Act
along with supporting affidavit
3. Annexure A: Copy of the gazette notification
dated 05.08.2016
4. Annexure B: Copy of the Board Resolution
in favour of Sh. Gaurav Dhaiya
5. Annexure C: Copy of the loan agreement
6. Annexure D (Colly): Copy of the title deeds
deposited by the Respondents with the
Applicant
7. Annexure E: Certificate issued by Applicant
declaring the loan account of the
Respondents as NPA
8. Annexure F (Colly): Copy of the notice
issued to the Respondents under Section
13(2) SARFAESI Act, 2002 along with postal
receipts
9. Annexure G (Colly): Copy of Statement of
account
10. Vakalatnama
APPLICANT
THROUGH
SONIA SINGH
Advocate
CH. No 547, Lawyers Block,
Saket Court Complex,
New Delhi-110017
(M) +91-9312403651