12/26/24, 10:59 AM Gmail - Ref. No. TCL/4238/2024 (Loan Agreement No.
nt No. TCFPL0540000012652644) In the matter of; Tata Capital Limited, __…
Ref. No. TCL/4238/2024 (Loan Agreement No. TCFPL0540000012652644) In the
matter of; Tata Capital Limited, _____Claimant - Versus – Subhajit Shome,
_____Borrower Written Statement of the Borrower;
1 message
Ashok Kumar Singh <[email protected]> Thu, Dec 26, 2024 at 10:58 AM
To:
[email protected] In the Centre for Alternative Dispute Resolution Excellence
having its Office at 2nd Floor, Shanmugha Arcade, # 39/1, NGEFT Lane,
Binnamangala First Stage (Indiranagar 1st Stage), Banglore - 560038
Before the Learned Arbitrator Magesh Kumar KP
[email protected] Ref. No. TCL/4238/2024
(Loan Agreement No. TCFPL0540000012652644)
In the matter of;
Tata Capital Limited,
_____Claimant
- Versus –
Subhajit Shome,
_____Borrower
Written Statement of the Borrower;
The humble Petition of the above named
Borrower, most respectfully;
Sheweth as under;
1. That the Borrower is not in receipt of any copy of Claim ever placed by the
Claimant before the Learned Tribunal, therefore the Borrower is not in any clear
knowledge or iota about the story or statements has ever placed by the Claimant
against the Borrower. The Borrower reserve his rights to put his comments on
the purports and contents, while he will receive a copy of the Claim submitted
by the Claimant. The Borrower will make his reply on the said claim, by way of
additional written statement, in the present arbitration proceeding, in the
interest of administration of justice as well as for fair adjudication of the
purported claim, if any.
2. That since the borrower is not in receipt of any copy of claim ever submitted
by the claimant, the borrower has no occasion to dealt with the contention and
purports of the said purported claim, therefore the borrower is obliged to place
the true fact, which are necessary to enrich the fair & proper adjudication of the
claim, if any;
(a) The Borrower availed the Financial Assistance for a sum of Rs. 1,50,973/-
(Rupees One Lakh Fifty Thousand and Nine Hundred Seventy Three) only, on
27th day of January’ 2024, But the borrower received a sum of Rs.
1,42,040/- (Rupees One Lakh Forty Two Thousand and Forty) only, therefore
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12/26/24, 10:59 AM Gmail - Ref. No. TCL/4238/2024 (Loan Agreement No. TCFPL0540000012652644) In the matter of; Tata Capital Limited, __…
the money received by the borrower is the actual and true money as a sum of
Rs. 1,42,040/- (Rupees One Lakh Forty Two Thousand and Forty) only,
availed and enjoyed by him.
(b) The Borrower paid 2 EMIs worth Rs. 5,844/- each, on 5th March’ 2024,
and 5th April’ 2024. The Borrower availed such loan to start his own
business; But became the victim of unemployment and crypto fraud. The
Borrower was in suffering of financial distress.
(c) The Claimant offered One Time Settlement (OTS) to the Borrower
considering his financial distress, as a sum of Rs. 62,000/- (Rupees Sixty
Two Thousand) only. The claimant given the Sanctioned of Settlement Letter
being Reference Number FY 24-25/PL/2406858918537 dated 27/06/2024.
The Borrower paid the said sum of money as Rs. 62,000/- (Rupees Sixty Two
Thousand) only, being Settlement money by and between the Claimant and
the Borrower by way of Demand Draft Number 963527156 dated
28/06/2024, drawn on Indian Overseas Bank, in favour of Tata Capital
Limited.
Photostat copy of the said Settlement Letter dated 27/06/2024, and the
Demand Draft for a sum of Rs. 62,000/- (Rupees Sixty Two Thousand) only,
are annexed herewith and marked as Annexure – “A”, Collectively.
(d) Presently, the Borrower have Highly financial distress with him on
account of his unemployment and the victim of financial fraud, therefore the
Borrower is not in any position to pay any money to his Creditors including
the Bank, NBFC, etc. Therefore the Borrower has instituted an application
under Section 10 of the Provincial Insolvency Act, 1920, as to adjudicate the
borrower being the Debtor as an Insolvent, against the Creditors, before the
Hon’ble District Judge, South 24 Parganas, at Alipore Judges’ Court, Alipore,
Kolkata – 700027. The said application has been registered as Insolvency
Case No. 141 of 2024. The said Insolvency case is pending for adjudication.
(e) Since the Claimant even after received the Settlement money asking the
borrower for further money and disturbing off and on to the borrower, the
borrower made the claimant the party as Respondent / Creditor in the said
Insolvency Case no. 141 of 2024. The Claimant is in receipt of the notices of
the said Insolvency Case instituted by the Borrower.
Photostat copy of the application under Section 10 of the Provincial
Insolvency Act, 1920, is annexed herewith and marked as Annexure – “B”.
(f) That the Borrower assessed his total payable sum of money as a sum of
Rs. 8,96,576/- (Rupees Eight Lakhs Ninety Six Thousand and Five Hundred
Seventy Six) only, to the Creditors, in placing his said Insolvency application
and the Borrower has the entire assets which consists the Cash being sum of
Rs. 2,000/- (Rupees Two Thousand) only, with the balances in his Bank
Accounts & Mutual Fund Investments as a sum of Rs. 10,226.42 (Rupees
Ten Thousand Two Hundred Twenty Six and paise Forty Two) only, and no
other property either movable or immovable is found favour the borrower.
3. That in the given facts, while the settlement has been entered by and
between the Claimant and the Borrower and the said settled money has already
been taken by the claimant by way of Demand Draft from the Borrower; no
further claim can be sustained in the eye of Law from the Borrower, and the
claim if any bad in law.
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12/26/24, 10:59 AM Gmail - Ref. No. TCL/4238/2024 (Loan Agreement No. TCFPL0540000012652644) In the matter of; Tata Capital Limited, __…
4. Pertinently, the Borrower seeks adjudication as an insolvent before the
competent Court of Law, and the said proceeding is pending for adjudication
which clearly established his inability in earning any money and having any
property either movable or immovable, so far, therefore the Claimant has no
occasion to put his any purported claim even after taking settlement money
from the borrower.
5. The Borrower seeks the refusal of the present arbitration proceeding initiated
by the claimant herein against the borrower, in the interest of administration of
Justice.
6. Unless the Learned Tribunal refused the present arbitration proceeding
initiated by the claimant herein against the borrower. The Borrower will highly
prejudice and suffer with irreparable loss and injury thereof.
7. The preponderance of the balance of convenience and inconveniences are lies
in favour of the Borrower.
8. This application is made bonafide and in the interest of administration of
Justice.
It is therefore prayed that the Learned
Tribunal would graciously be pleased to
accept the Written Statement submitted by
the Borrower, and to refused the present
arbitration proceeding under Ref. No.
TCL/4238/2024, against the borrower, in
the interest of administration of Justice,
and /or to pass such other necessary order
or orders, as the Learned Tribunal may
deem, fit, and proper for the end of Justice.
And for this act of kindness, the Petitioner as in duty bound shall ever pray.
VERIFICATION
I, Subhajit Shome, being the Borrower, in the present Arbitration Proceeding, made
this Written Statement. I am well conversant and acquainted with the material facts
as stated in the fore going paragraphs. I verify and sign this written statement on
_____December’ 2024.
Ashok Kumar Singh, Advocate, High Court at Calcutta, High Court Bar Association Room No. 15, High Court at
calcutta. Mobile no. 9883070666, 9836829666, E-mail : [email protected]
8 attachments
Gmail - Claim ID TCL__4238__2024 Logged by Tata Capital Limited Against Subhajit Shome WRITTEN
STATEMENT OF THE BORROWER.pdf
122K
Annexure - A - Subhajit Shome - December 2024.pdf
780K
Written Statement of the Borrower - Page - 1.pdf
669K
Vakalatnama of the Borrower.pdf
679K
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12/26/24, 10:59 AM Gmail - Ref. No. TCL/4238/2024 (Loan Agreement No. TCFPL0540000012652644) In the matter of; Tata Capital Limited, __…
Written Statement of the Borrower - Page - 3.pdf
795K
Written Statement of the Borrower - Page 4.pdf
507K
Written Statement of the Borrower - Page 2.pdf
798K
Annexure - B - Subhajit Shome - December 2024.pdf
3759K
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