BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL –III,
AT CHENNAI
S.A.No. 409 of 2022
Smt. Agalya
W/o Senthilkumar
49, Alagappan Nagar,
1st Cross, Ariyalur
Tamil Nadu – 621704. … Applicant
- Versus -
The Authorized Officer
State Bank Of India,
Ariyalur Branch,
Mela Agraharam
Trichy Main Road,
Ariyalur – 621704. …Defendant
AFFIDAVIT FILED BY THE PETITIONER
I, Smt. Agalya wife of Senthilkumar, Hindu, aged about 33
years, residing at 49, Alagappan Nagar, 1 st Cross Ariyalur, Tamil
Nadu 621 704, temporarily come down to Chennai do hereby
solemnly and sincerely affirm and state as follows.
1. I am the applicant herein in the above S.A. As I am well aware
of the facts and circumstances of the case. I creave of this
Hon’ble Tribunal may be treated the grounds of appeal as part
and parcel of this affidavit.
The applicant most humbly submits as follows:
1. The Applicant approached the respondent bank herein for a
credit facility under OD Asset-Backed Loan to develop the
business. Accordingly, the respondent bank sanctioned the
said loan under OD Asset-backed Loan account
No.38821979386. But the respondent bank herein demanded
to mortgage the schedule-mentioned properties of the
applicant.
3. After availing the credit facility from the respondent bank and
paying the interest regularly without any default. We all knew
that the entire world was affected by the COVID-19 pandemic,
the Union and State Governments have announced the
lockdown, so the entire business of the petitioner became sick
and incurred huge losses. Due to non-payment of instalments,
the account became NPA.
2. After the account become NPA, the respondent bank affixed
the impugned Possession Notice dated 15.09.2022 on the
premises on 15.09.2022, initiated the recovery proceedings by
invoking SARFAESI Act thereby took symbolic possession.
3. The Applicant is trying to regularize the outstanding dues of
the respondent within a reasonable time. Unfortunately, the
respondent did not cooperate to settle the issue. In this case,
the respondent hurriedly issued the impugned Possession
Notice dated 15.09.2022 under Sec. 13(4) of the Act without
providing an opportunity, and it is currently under challenge
before this Hon’ble Tribunal.
4. During the pendency of this S.A., the amount claimed as per
the Possession Notice is Rs.20,64,818/- as of 15.09.2022. Out
of the claim amount the applicant has paid Rs.15,27,550/-
which is around 73.97% of the claim amount.
5. When the matter was called up for hearing by this Hon’ble
Tribunal on 10.03.2025, the applicant made a prayer to this
Hon’ble Tribunal to grant 2 months to settle the entire amount
as of date to the respondent bank.
6. This Hon’ble Tribunal considered fairly to file an affidavit to
consider the prayer as stated supra. As ordered by this Hon’ble
Tribunal, the applicant herein has filed an affidavit to pay the
balance amount within the stipulated time as prayed for.
Given the above circumstance the applicant prays that this
Hon’ble Tribunal may be pleased to grant 2 months to settle
the account and may pass such further or other orders as this
Hon’ble Tribunal may deem fit and proper and thus render
justice.
Applicant
Solemnly and sincerely affirmed Before Me
At Chennai and signed her name
In my presence on this 19th day of
March 2024 Advocate Chennai
BEFORE THE HON’BLE DEBTS
RECOVERY TRIBUNAL –III,
AT CHENNAI
S.A.No. 409 of 2022
Smt. Agalya
W/o Senthilkumar
49, Alagappan Nagar,
1st Cross, Ariyalur
Tamil Nadu – 621704.
… Applicant
- Versus -
The Authorized Officer
State Bank Of India,
Ariyalur Branch,
Mela Agraharam
Trichy Main Road,
Ariyalur – 621704.
…Defendant
AFFIDAVIT FILED BY THE APPLICANT
Mr. Srinivassan J
Counsel for the Applicant
