BEFORE THE DEBTS RECOVERY TRIBUNAL III – CHENNAI
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ------------ Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Defendant
APPLICATION UNDER SECTION 17 (1) OF THE SECURITIZATIONS
AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (ACT 54 /
2004)
COUNSEL FOR APPLICANT:
K.SELVAKUMAR, MS/1582/2008,
195/2, KALLIGUDI ROAD, KARIAPATTI - 626 106,
VIRUDHUNAGAR DISTRICT,
CELL: 98651 22579
MAIL ID: [email protected]
BEFORE THE DEBTS RECOVERY TRIBUNAL - III – CHENNAI
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ----- Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Defendant
APPLICATION UNDER SECTION 17 (1) OF THE SECURITIZATIONS
AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (ACT 54 /
2004)
DETAILS OF THE APPLICATION:
1. PARTICULARS OF THE APPLICANT:
i) Name of the Applicant : Haris Rayan Marakkar Vettil
Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2,
Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076
ii) Address of the Applicant: As above
iii) Address of service of all
Notices : K.SELVAKUMAR,
195/2, KALLIGUDI ROAD,
KARIAPATTI - 626 106,
VIRUDHUNAGAR DISTRICT,
CELL: 98651 22579
2) PARTICULARS OF THE DEFENDANT:
i) Name of the Defendant: M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized
Officer/Chief Manager
ii) Office Address of the Defendant: As above
iii) Address for service of all
Notices : As above
3) JURISDICTION OF THE TRIBUNAL:
The Applicant declares that the subject matter of this application
falls within the jurisdiction of this Honorable Tribunal as the
Applicant residing in Tiruvallur district and property is situated in
Tiruvallur district .
4) LIMITATION:
The Applicant further declares that this Application is filed within
the limitation prescribed in Sub-Section (1) of Section 17 of the
SARFAESI ACT, 2002, pursuant to the order passed by the
Honorable C J M Tiruvallur in Crl.M.P.No: 11803/2024 on
19/11/2024.
5) FACTS OF THE CASE:
1. The Applicant submits that the above application is filed by
challenging the order passed by the Honorable C J M Tiruvallur
in Crl.M.P.No: 11803/2024 on 19/11/2024.
2. The Applicant respectfully submit that the Applicant had
borrowed loan from the Defendant Bank and was prompt in
servicing interest and repayment of principal regularly, however
due to intervention of Covid-19 Pandemic, heavy loss in business
and incurred huge amount for medical expenses, the Applicant
was not able to adhere to the repayment schedule of the
Defendant Bank.
3. All of a sudden the Defendant Bank issued Demand Notice
dated on 05/05/2023 and called upon the Applicant to pay a sum
of Rs. 2, 55, 27, 702. 10 within sixty days from the date of receipt
of the demand notice by the Applicant.
4. The Applicant submit that it could not be able to mobilize fund,
in this situation the Defendant Bank is bent upon to take physical
possession of the secured assets described in the schedule of
property more fully in collusion with the Auction Purchaser for the
illegal enrichment of the Bank Officials. If such physical possession
is allowed pursuant to the order passed by the Honorable C J M
Tiruvallur in Crl.M.P.No: 11803/2024 on 19/11/2024, third party
rights will be occurred which would cause severe financial losses
to the Applicant.
GROUNDS:
A) The order passed by the Honorable C J M Tiruvallur in
Crl.M.P.No: 11803/2024 on 19/11/2024, is arbitrary,
unreasonable and the same is not legally sustainable and is
liable to be set aside.
B) The Applicant is always willing and ready to settle the
outstanding liability by way of O T S. But Defendant Bank
without considering the requisition of the Applicant, in a
hurried manner initiated the SARFAESI proceedings against
the Applicant.
C) The immovable property in which the Defendant Bank
obtained order passed by the Honorable C J M Tiruvallur in
Crl.M.P.No: 11803/2024 for taking physical possession is
presently occupied by the Applicant with their family
members of children and elders also doing their small
business in the same premises.
D) The Defendant Bank obtained order passed by the
Honorable C J M Tiruvallur in Crl.M.P.No: 11803/2024 is
nothing but a tortious act by destroying the livelihood and
business of the Applicant and subjecting to further
suffering and distress.
E) If such physical possession is allowed pursuant to the order
passed by the Honorable C J M Tiruvallur in
Crl.M.P.No:11803/2024, the third party rights will be
occurred which would cause severe financial losses to the
Applicant.
F) The impugned order of the Honorable C J M Tiruvallur dated
19/11/2024 for taking physical possession by the Defendant
Bank suffers from errors apparent on the face of the record
and hence the same is liable to be set aside / quashed by
this Honorable Tribunal.
G) The impugned action of the Defendant suffers from errors
apparent on the face of the record and hence the same is
liable to be set aside / quashed by this Honorable Tribunal.
H) The Defendant ought to have seen that since the
classification of the Applicant’s loan accounts as NPA is bad
to law and all the further proceedings initiated by them is
not legally sustainable.
I) The Defendant ought to have seen that the Applicant is
eligible for renewal / restructuring of the loan account in
view of the RBI guidelines issued Covid 19 Pandemic.
J) In any event the action of the Defendant Bank is unlawful,
unreasonable, without jurisdiction and against the principles
of Natural Justice and the same is liable to be set aside.
K) The Applicant reserves his rights to raise additional grounds
if any at the time of arguments.
For the reasons stated above, it is prayed that this
Honorable Tribunal may be pleased to set aside the entire
SARFAESI proceedings initiated by the Defendant Bank
ending up with the order passed by the Honorable C J M
Tiruvallur in Crl.M.P.No: 11803/2024 regarding to take
physical possession, and pass such other order or orders
which this Honorable Tribunal may deem fit and proper and
thus render justice.
6) RELIEF(S) SOUGHT FOR:
In view of the facts mentioned in paragraph 5 above, the
Applicant prays for the following relief(s):-
a) To Set aside the entire SARFAESI proceedings initiated by
the Defendant Bank pursuant to the order passed by the
Honorable C J M Tiruvallur in Crl.M.P.No: 11803/2024,
and pass such other order or orders which this Honorable
Tribunal may deem fit and proper and thus render justice.
b) To pay the costs of the Applicant.
c) And pass such further or other orders which this
Honorable Tribunal may deem fit and proper and thus
render justice.
7) INTERIM ORDER, IF PRAYED FOR:
Pending final decision on the Application, the Applicant
seek issue of the following interim order:-
This Honorable Tribunal may be pleased to stay all further
SARFAESI proceedings pursuant to the order passed by the
Honorable C J M Tiruvallur in Crl.M.P.No: 11803/2024 for
the schedule mentioned properties, pending disposal of the
appeal and thus render justice.
8) MATTER NOT PENDING WITH ANY COURT ETC:
The Applicant further declares that the matter regarding
which this Application has been made is not pending before
any court of law or any other authority or any other Bench
of the Tribunal.
9) PARTICULARS OF THE FEE PAID IN TERMS OF RULES 13:
Value of the Application :- Rs. 2,55,27,702.10
Court Fee paid :-
Mode of Payment :- E-Payment
Transaction Ref. No. :-
10) DETAILS OF INDEX:
An index in duplicate containing the details of documents to
be relied upon is enclosed.
11) LIST OF ENCLOSURES:
Annexed herewith
COUNSEL FOR APPLICANT APPLICANT
K.SELVAKUMAR
VERIFICATION
I, Haris Rayan Marakkar Vettil Perumbadi, S/o Said
Muhammad R, aged about 53 years, residing at Flat No.1607,
Block 2, Hibiscus Alliance, Orchid Spring, Korattur RS, Tiruvallur -
600 076, do hereby solemnly verify and declare that the contents
of paragraphs 1 to 11 are true to my personal knowledge and
belief and I have not suppressed any material facts and I have
signed this verification at Chennai on this 29 th day of November,
2024.
COUNSEL FOR APPLICANT APPLICANT
K. SELVAKUMAR
DESCRIPTION OF THE IMMOVABLE PROPERTY
All that part and parcel of the land measuring an extent of 2640
Sq.ft., together with house constructed thereon bearing Plot No. 1
(Old Door No. 5A), Thilakar Street, Senthil Nagar,
Thirumullaivoyal, Chennai – 600062 and comprised in Old Survey
No. 544, 544/1A1A3, then Survey No. 544/1A1A1A2 and
544/1A1A1A3, T.S.No.11 and 12, Block No.108, Ward – D of
Thirumullaivoyal, Village Avadi Taluk, Thiruvallur District in the
name of Haris R.P.
Boundaries:
North By : Plot in Survey No 545 (T.S.No.D/113)
South By : 24 Feet Road (Thilakar Street) (T.S.No.20)
East By : Plot in Survey No. 534 (T.S.No. 18 & 19)
West BY : Plot No (T.S.No. 10)
Dated at Chennai on this 29th day of November, 2024.
COUNSEL FOR APPLICANT APPLICANT
K.SELVAKUMAR
VERIFICATION:
I, Haris Rayan Marakkar Vettil Perumbadi, S/o Said Muhammad
R, aged about 53 years, residing at Flat No.1607, Block 2, Hibiscus
Alliance, Orchid Spring, Korattur RS, Tiruvallur - 600 076, do
hereby solemnly verify and declare that the contents of schedule
of properties are true to my personal knowledge and belief and I
have not suppressed any material facts and I have signed this
verification at Chennai on this 29th day of November, 2024.
COUNSEL FOR APPLICANT APPLICANT
K.SELVAKUMAR
BEFORE THE DEBTS RECOVERY TRIBUNAL III – CHENNAI
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ------------ Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Defendant
LIST OF DOCUMENTS
Sl No Date Details of Documents Page No
1 29/11/2024 Application U/S 17(1) of the
SARFAESI ACT, 2002
2 17/07/2023 Possession Notice
3 19/11/2024 Impugned order of C J M
Tiruvallur
4 Aadhar Card of Borrower
cum owner of property
5 29/11/2024 Vakkalathnama
All the above documents are certified to be the true copies
of their originals.
Dated at Chennai on this 29th day of November, 2024.
COUNSEL FOR APPLICANT
K.SELVAKUMAR
BEFORE THE DEBTS RECOVERY TRIBUNAL - III – CHENNAI
S.A. No: / 2024
Between :
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ------------ Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Defendant
AFFIDAVIT OF THE PETITIONER
I, Haris Rayan Marakkar Vettil Perumbadi, S/o Said Muhammad
R, aged about 53 years, residing at Flat No.1607, Block 2, Hibiscus
Alliance, Orchid Spring, Korattur RS, Tiruvallur - 600 076 ,
temporarily come down to Chennai do hereby solemnly affirm
and sincerely state as follows:
1. I am the Petitioner herein and I am well acquainted with
the facts of the case.
2. I submit that I have borrowed loan from the Defendant
Bank and I was prompt in servicing interest and
repayment of principal regularly, however due to
intervention of Covid-19 Pandemic, heavy loss in business
and incurred huge amount for medical expenses, I was
not able to adhere to the repayment schedule of the
Defendant Bank.
3. All of a sudden the Defendant Bank issued Demand
Notice dated 05/05/2023 and called upon the Applicant
to pay a sum of Rs. 2, 55, 27, 702. 10 within sixty days
from the date of receipt of the demand notice by the
Applicant.
4. I submit that the Applicant is always willing and ready to
settle the outstanding liability by way of O T S. But
Defendant Bank without considering the requisition of
the Applicant, in a hurried manner initiated the SARFAESI
proceedings against the Applicant.
5. I submit that if the Defendant Bank enter into the
secured assets of the Applicant to take physical
possession of schedule mentioned property pursuant to
the order passed by the Honorable C J M Tiruvallur in
Crl.M.P.No: 11803/2024 on 19/11/2024, it would cause
severe financial losses to the Applicants.
6. I state that I have fair chance in succeeding in the present
Application. If the Defendant Bank is allowed to proceed
further, great prejudice will be caused to me and I will be
put to irreparable loss and hardship.
7. Unless urgent interim order is passed great prejudice will
be caused to me herein. Hence I filed this present
EMERGENT Application to take up the Application
immediately to enable me to get interim order at the
earliest.
For the reasons stated above it is therefore prayed that
this Honorable Tribunal may be pleased to treat this
application as EMERGENT one and to take up this
application immediately and thus render justice.
Solemnly affirmed and signed her BEFORE ME
name in my presence at Chennai
on this 29th day of November, 2024. ADVOCATE
BEFORE THE DEBTS RECOVERY TRIBUNAL III – CHENNAI
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ------------ Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Defendant
AFFIDAVIT OF THE PETITIONER
I, Haris Rayan Marakkar Vettil Perumbadi, S/o Said Muhammad
R, aged about 53 years, residing at Flat No.1607, Block 2, Hibiscus
Alliance, Orchid Spring, Korattur RS, Tiruvallur - 600 076 ,
temporarily come down to Chennai do hereby solemnly affirm
and sincerely state as follows:
1. I am the Petitioner herein and I am well acquainted with
the facts of the case.
2. I submit that I had borrowed loan from the Defendant
Bank and was prompt in servicing interest and repayment
of principal regularly, however due to intervention of
Covid-19 Pandemic, heavy loss in business and incurred
huge amount for medical expenses, I was not able to
adhere to the repayment schedule of the Defendant
Bank.
3. All of a sudden the Defendant Bank issued Demand
Notice dated on 05/05/2023 and called upon the
Applicant to pay a sum of Rs. 2,55,27,702.10 within sixty
days from the date of receipt of the demand notice by the
Applicant.
4. I submit that the Applicant is always willing and ready to
settle the outstanding liability by way of O T S. But
Defendant Bank without considering the requisition of
the Applicant, in a hurried manner initiated the SARFAESI
proceedings against the Applicant.
5. I submit that if the Defendant Bank enter into the
secured assets of the Applicant to take physical
possession of schedule mentioned property pursuant to
the order passed by the Honorable C J M Tiruvallur in
Crl.M.P.No: 11803/2024 on 19/11/2024, it would cause
severe financial losses to the Applicants.
6. I state that I have fair chance in succeeding in the present
Application. If the Defendant Bank is allowed to proceed
further, great prejudice will be caused to me and I will be
put to irreparable loss and hardship.
7. Unless urgent interim order is passed great prejudice will
be caused to me herein. Hence I filed this present
Emergent Application to take up the Application
immediately to enable me to get interim order at the
earliest.
For the reasons stated above it is therefore prayed that
This Honorable Tribunal may be pleased to STAY all
further SARFAESI proceedings pursuant to the order
passed by the Honorable C J M Tiruvallur in Crl.M.P.No:
11803/2024 on 19/11/2024, for the schedule mentioned
properties, pending disposal of the appeal and thus
render justice.
Solemnly affirmed and signed his
name in my presence at Chennai
on this 29th day of November, 2024.
BEFORE ME
ADVOCATE
BEFORE THE DEBTS RECOVERY TRIBUNAL III – CHENNAI
I.A. No: / 2024
IN
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076
---------- Petitioner/Applicant
And:
M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Respondent / Defendant
EMERGENT PETITON FILED U/S 19 (25) OF THE RDB ACT, 1993.
For the reasons stated in the above accompanying affidavit, it is
therefore prayed that this Honorable Tribunal may be pleased to
treat this application as EMERGENT one and to take up this
application immediately and thus render justice.
Dated at Chennai on this 29th day of November, 2024.
COUNSEL FOR PETITIONER
K.SELVAKUMAR
BEFORE THE DEBTS RECOVERY TRIBUNAL – III – CHENNAI
I.A. No: / 2024
IN
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ---------- Petitioner/Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager
-------- Respondent / Defendant
STAY PETITON FILED U/S 19 (25) OF THE RDB ACT, 1993.
For the reasons stated above in the accompanying
affidavit, it is therefore prayed that This Honorable
Tribunal may be pleased to STAY all further SARFAESI
proceedings pursuant to the order passed by the
Honorable C J M Tiruvallur in Crl.M.P.No: 11803/2024 on
19/11/2024, for the schedule mentioned properties,
pending disposal of the appeal and thus render justice.
Dated at Chennai on this 29th day of November, 2024.
COUNSEL FOR PETITIONER
K.SELVAKUMAR
BEFORE THE DEBTS RECOVERY
TRIBUNAL-III – CHENNAI
I.A. No: / 2024
IN
S.A. No: / 2024
----------------------------------------------
EMERGENT PETITON FILED U/S
19 (25) OF THE RDB ACT, 1993.
---------------------------------------------
Between:
Haris Rayan Marakkar Vettil
Perumbadi,
S/o Said Muhammad R,
----- Petitioner/Applicant
And:
M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized
Officer/Chief Manager,
Mr. Ranjan Kumar Sahoo.
-------- Respondent / Defendant
COUNSEL FOR PETITIONER
K.SELVAKUMAR
CELL: 98651 22579
BEFORE THE DEBTS RECOVERY
TRIBUNAL-III – CHENNAI
I.A. No: / 2024
IN
S.A. No: / 2024
----------------------------------------------
STAY PETITON FILED U/S
19 (25) OF THE RDB ACT, 1993.
---------------------------------------------
Between
Haris Rayan Marakkar Vettil
Perumbadi,
S/o Said Muhammed
---------- Petitioner/Applicant
And:
M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized
Officer/Chief Manager,
Mr. Ranjan Kumar Sahoo.
-------- Respondent / Defendant
COUNSEL FOR PETITIONER
K.SELVAKUMAR
CELL: 98651 22579
BEFORE THE DEBTS RECOVERY
TRIBUNAL – III – CHENNAI
S.A. No: / 2024
----------------------------------------------
AFFIDAVIT
---------------------------------------------
Between
Haris Rayan Marakkar Vettil
Perumbadi,
S/o Said Muhammed
------- Applicant
And:
M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized
Officer/Chief Manager,
Mr. Ranjan Kumar Sahoo.
---------- Defendant
COUNSEL FOR PETITIONER
K.SELVAKUMAR
CELL: 98651 22579
BEFORE THE DEBTS RECOVERY TRIBUNAL-III – CHENNAI
S.A. No: / 2024
Between:
Haris Rayan Marakkar Vettil Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2, Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076 ----------Applicant
And:
M/s BANK OF INDIA, Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized Officer/Chief Manager,
Mr. Ranjan Kumar Sahoo. ------
Defendant
I, Haris Rayan Marakkar Vettil Perumbadi, S/o Said Muhammad R, in the
above Appeal / Petition do hereby appoint and retain Mr.K. SELVAKUMAR,
M.A.,B.L., Advocate of Madurai to appear for us in the above Appeal /
Petition and to conduct and prosecute (or defend) the same and all
proceedings that may be taken in respect of any application connected with
the same or any decree or order passed therein including all applications
for return of documents or the receipt of any moneys that may be payable
to us in the said Appeal / Petition and also in appeals under Clause 15 of
the Letters Patents and in application for leave to appeal to the Supreme
Court of India and in all applications for review of judgment.
I certify that the contents of this
Vakalat were read out and explained
in Tamil in my presence to the Executant
who appeared perfectly to understand
the same and made his signature
in my presence.
Executed before me at Chennai on this 29th day of November, 2024
ACCEPTED
COUNSEL FOR THE APPLICANT:
ADVOCAT
E
ADDRESS OF COUNSEL:
Mr. K.SELVAKUMAR, (MS 1582/2008)
195/2, KALLIGUDI ROAD,
KARIAPATTI – 626106,
VIRUDHUNAGAR DISTRICT
Cell: 98651 22579
Mail id:
[email protected] BEFORE THE DEBTS RECOVERY
TRIBUNAL-III – CHENNAI
S.A. No: / 2024
------------------------------------------
VAKKALATH
-----------------------------------------
Between:
Haris Rayan Marakkar Vettil
Perumbadi,
S/o Said Muhammad R,
Flat No.1607, Block 2,
Hibiscus Alliance,
Orchid Spring, Korattur RS,
Tiruvallur - 600 076
----------Applicant
And:
M/s BANK OF INDIA,
Mylapore Branch,
No. 120/174, Luz Church Road,
Mylapore, Chennai 600004,
Represented by its Authorized
Officer/Chief Manager,
Mr. Ranjan Kumar Sahoo.
------ Defendant
COUNSEL FOR APPLICANT:
Mr. K.SELVAKUMAR,
(MS 1582/2008)
195/2, KALLIGUDI ROAD,
KARIAPATTI – 626106,
VIRUDHUNAGAR DISTRICT
Cell: 98651 22579
Mail id: [email protected]
