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Form No. 3
[See Regulation-15 (aya) / 168)
'T 2)
DEBTS RECOVERY TRIBUNAL AHMEDABAD omedabad- 380 006
Srd Floor, Bhikhubhai Chamber, 18 Gandhikunj Socy. Ellisbridge,
Exh, No. 04
Oudward no. 972/2023
‘Case No. ©A/307/2023
f
sub-rute 2A) of rule So
Summons under sub-section (4) of section 19 of the Act, read wit we
the Debt Recovery Tribunal (Procedure) Rules, 199.
HDFC BANK
VS
KRISHNA ELECTRICALS AND ORS
To,
(1) KRISHNA ELECTRICALS JKOT
DHEBAR ROAD $ YOGESHWAR SOCIETY ATIKA INDUSTRIES AREA, RA
,GUJARAT- 360002,
(2) MAHESHBHAI NANJIBHAI SHINGALA
DHEBAR ROAD 5 YOGESHWAR SOCIETY ATIKA INDUSTRIES AREA
RAJKOT ,GUJARA- 360002.
YAND
SUBAHSH NAGAR MAIN ROAD OPP MOGAL KRIUPA KOTHARIYA ROAD BI/H N
HALL RAJKOT, GUIJARAT- 360003,
'TABEN MAHESHBHAI SHINGALA D
‘AHSH NAGAR MAIN ROAD OPP MOGAL KRIUPA KOTHARIYA ROAD B/H NAN!
HALL RAJKOT, GUJARAT- 360003.
suMMoNS
WHEREAS, 0.A/307/2023 was listed before Hon'ble Presiding Officer/Registrar on 12/08/2023.
WHEREAS this Hon'ble Tribunal is pleased to issue summons/ notice on the said Application
under section 19(4) of the Act, (OA) filed against you for recovery of debts of Rs. 3300254.74/-
(application along with copies of documents ete. annexed),
In accordance with sub-section (4) of section 19 of the Act, you, the defendants are directed as
under:~
9 To show cause within thity days of the service of summons as to why relief prayed for should
not be granted;
to disclose particulars of properties or assets ater than properties and assets specified by the
applicant under serial number 3A of the original application;
(ii) you are restrained from dealing with or disposing of secured assets or such other
properties disclosed under serial number 3 of the original application, pending hee
disposal of the application for attachment of properties; a
(iv) you shall not transfer by way of sale, lease or otherwise, except in the ord ;
busines any of the ses over which security intrest is created and or oer ances OS
properties specified or disclosed under serial number 3A of the orisi care
prior approval of the Tribunal; original application without theAT AHMEDABAD
IN THE HON'BLE DEBTS RECOVERY ‘TRIBUNAL-II
2022
ORIGINAL APPLICATION NO- OF
APPLICANT : HDFC BANK LIMITED
Versus
DEFENDANTS): KRISHNA ELECTRICALS && ORS.
APPLICATION UNDER SECTION 19 ie RECOVERY
OF DEBTS AND BANKRUPTCY ACT, 1999-
Date of Filing : __.09.2022
Date of Receipt
Registration No.
Signature of the Registrar
Suit Claim Amount ® Rs.33,00,254.74p
Interest Rate Claimed : @10.00% p.a.; and @ 8.25% p.a.
Details of payment of Application fees =
Pay Order Number 5 9425160 — dateddt.04.2022
Demand Draft Amount : Rs. 36,000/-io
IN THE HON'BLE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
ORIGINAL APPLICATION NO. OF 2022
APPLICANT : HDFC BANK LIMITED
Versus
DEFENDANTS, : KRISHNA ELECTRICALS & ORS.
INDEX
Documents attached to the Application
Place: AHMEDABAD
Date: __.09.2022
Phone : 26442164
98250 07052 (M)ae
|
\N THE HON'BLE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
ORIGINAL APPLICATION NO. OF 2022
MOFC BANK LIMITED, a Banking Company
Guorporated under the provisions of Indian
Companies Act and holding a license of Banking
from Reserve Bank of India and having its
Bastered office at “HDFC Bank House”, Senapati
Bapat Marg, Lower Parel, Mumbai ~ 400 013, and
having one of its Branch offices at 3" Floor,
Shivalik, — Nr,
Drive-in-Cinema, _ Bodakdev,
Ahmedabad and also at Rajkot
soo APPLICANT
Versus.
KRISHNA ELECTRICALS
A Proprietorship Firm Represented by and
through it’s Proprietor
MAHESHBHAI NANJIBHAI SHINGALA
DHEBAR ROAD, 5, YOGESHWAR SOCIETY,
ATIKA INDURSTRIES AREA,
RAJKOT - 360002
MAHESHBHAI NANJIBHAI SHINGALA
Adult; Occu; Self Employed
DHEBAR ROAD, 5, YOGESHWAR SOCIETY,
ATIKA INDURSTRIES AREA,
RAJKOT - 360002
AND ALSO AT,
SUBAHSH NAGAR MAINROAD,
OPP. MOGAL KRUPA, KOTHARIYA ROAD,
B/H NAND HALL, RAJKOT - 360003
GITABEN MAHESHBHAI SHINGALA
Adult; Occu; Self Employed
SUBAHSH NAGAR MAIN ROAD,
OPP. MOGAL KRUPA, KOTHARIYA ROAD,
B/H NAND HALL, RAJKOT - 360003
---DEFENDANTS
AFPLICATION UNDER SECTION 19 OF RECOVERY
OF DEBTS AND ACT, 1993,
‘The Applicant, above named, most respectfully applies as under;
ETAILS OF
4. PARTICULARS OF THE APPLICANT;
i. Name of the Applicant
HDFC Bank Limitedii, Address of Registered
Office
“HDFC Bank House”, Senapiti
Bapat Marg, Lower Parel,
Mumbai - 400 013.
iii. Address for service
of all Notice Hore bate Lanten
ank Limite
3" Floor, Prerna Arcade, Opp.
Doctor House, Nr. Parimal
Garden, Ambawadi,
Ahmedabad-380009.
thos: : -
‘¢ Applicant Bank is a Banking Company incorporated under the
rovis' i 7
: ope of Indian Companies Act and holding a license of Banking
rom
oe "serve Bank of India and having its registered office at “HDFC
ae House”, Senatpati Bapat Marg, Lower Parel-West, Mumbai-400
13. i i
The Applicant is also a Bank as defined under Section 2(d) of
the provisions of Recovery of Debts and Bankruptcy Act, 1993.
PARTICULARS OF THE DEFENDANTS;
i. Name of the Defendants As mentioned in cause title
ii, Office /Residence Addresses
of the Defendants As mentioned in cause title
Addresses for Services
of all notices e As mentioned in cause title
JURISDICTION OF THE TRIBUNAL;
‘The Applicant declares that the subject matter of the recovery of
debt due falls within the jurisdiction of this Tribunal as per the
provisions of Rule-6(b) of the Recovery of Debts and Bankruptcy Act,
1993 and since the transactions under the Secured Loan against
property Facility have taken place at the Applicant Bank at one of its
Branch at Surat in the State of Gujarat within the territorial
jurisdiction of the Hon'ble Tribunal and as the claim involved is
more than Rs.20.00 Lacs, the Hon'ble Tribunal has jurisdiction to
try and dispose off the Application. Therefore, as per rule-6(d), this
Hon'ble Tribunal is having the jurisdiction to entertain this
Application.3-A DETAILS OF DEBT AND ASSETS.
(i) Total amount of debt|
claimed as on the date to
be specified
Rs. 33,00,254.74p (Rupecs Thirty |
‘Three Lacs Two Hundred Fifty Four
and Seventy Four Paisa only) due as
on 22.08.2022
(i) Amount of debt, as on |
specified date, secured by
security interest over
Properties or assets of the
Defendant with particulars
of secured properties and
assets.
Rs. 33,00,254.74p (Rupees Thirty
‘Three Lacs Two Hundred Fifty Four
and Seventy Four Paisa only) due
as on 22.08.2022 is secured with
future interest and charges etc. by
equitable mortgage of the property
more particularly mentioned in
Schedule A herein below.
(ii) Estimated value of
properties or assets over
which security interest is
created.
| (iv) If estimated value is
not adequate to cover the
total debt claimed with
future interest particulars
‘of any other properties or
known to the
Bank
assets
Applicant with
estimated value of such
other properties or assets.
‘Aggregate value of property is Rs.
37,38,000/- as per the valuation
report dated 18.01.2020 annexed
with the List attached to Application
|Value of the
secured asset is
total debt
claimed with future interest.
sufficient to cover the
[Amount of unsecured
debt on portion of debt not
covered by estimated value
of personal properties and
other properties
Not Applicable. However, the
applicant prays for injunction on the
personal property described in
Schedule - B or any other personal
properties to be disclosed by the
Defendants, at later stage if security
is lost.5.
So
5.2
LIMITATION;
ation is within the
Applicant further submi
in Section 24 of the
The ts that the Applic
limitation prescribed it Recovery of Debts and
Bankruptcy Act, 1993.
anctioned the
The Applicant submits that the Applicant Bank si
ants in January, 2020.
Secured Loan against Property to the Defend:
‘Thereafter the Applicant bank granted additional Loan under ECLG
Scheme in September, 2020. The security Documents were executed
by the Defendants in favour of the Applicant Bank for repayment of
the said Facility along with all interest and other costs, charges and
The Defendants have made part payments towards
tanding amount during the period of three
as reflected in the
expenses.
repayment of the outst
ing of the present Application
the Applicant bank is maintaining
issued for
years preceding to fl
statement of account. That
running accounts of the Defendants and cheques
payment of instalments are bounced as reflected on statement of
accounts and therefore the Account was classified as Non
Performing Asset (NPA) on 06.08.2021 and then Loan Recall Notice
was issued on 23.08.2022 within period of limitation calling upon
them to pay the outstanding amount due under its account and
hence, the Application is within the prescribed period of limitation.
the loan is secured by mortgage and hence period of
Further,
limitation for filing the suit is 12 years as per the Limitation Act.
FACTS OF THE CASE;
facility in
ts were in need of working capital
for their business and
‘lity approached the
That the Defendant
nature of Loan Against Property (LAP)
g said Loan Faci
ch and requested for the said Loan
formed about the terms and
being desirous of availin;
Applicant bank at its Rajkot Brant
Facility. That the Defendants were in!
conditions of the said Loan under the Loan
being made aware of the same, the Defendants expressed their
desire to avail the said Loan Facility from the Applicant Bank.
Agreement and after
‘That on the basis of the necessary details, papers, and declarations
made by the Defendants, the Applicant sanctioned Loan Against5.5
Commercial Property of Rs. 24,90,000/- to the Defendants, details
of which are described hereunder, as per the terms and conditions
agreed upon by and between the Defendants under sanction letter
«lated 21.01.2020 and other requisite security documents and the
existing Limit is as under;
Nature of Facility Amount Rs.
LOAN AGAINST PROPERTY A/c No. 29,90,000/-
84332627 .
Total 24,90,000/-
The Applicant Bank further submits that in consideration of
granting and availing the aforesaid Secured Loan Against
Commercial Property Facility, the Defendants have executed
Agreement/Documents time to time for valuable consideration in
favour of the Applicant Bank enumerated inter-alia as under;
a. Application form dated 17.01.2020;
b. Sanction letter of Loan Against Property dated 21.01.2020
along with terms and conditions;
Loan Agreement along with Schedule-Cum-key fact Statement
dated 27.01.2020;
That the Defendants entered into Loan Agreement on 27.01.2020
which stipulates the terms and conditions of,the said Secured Loan
Facility and accordingly the Defendants were required to repay the
amount of the said Secured Loan Facility within a stipulated time as
per the terms of the said Loan Agreement and were also strictly
required to comply with the terms and conditions of the sanction
letter and the said Agreement and other documents executed for
availing the said Secured Loan Facility and for repayment of the said
Facility along with all interest and other costs, charges and
expenses.
‘The applicant bank further submits that Defendant no. 2 & 3. stood
as Co-Applicants and also signed the security Documents i.e. Loan
Agreement dated 27.01.2020 to secure the said Loan Against
Property granted to the Defendants. Therefore, all the Defendants
are jointly and severally liable to pay the dues to the applicant bank.5.6
Sy
6
Phat in addition to the aforesaid documents,
ments, the Defend,
ants have
4 hen e.
‘pon by the Applicant bank. The applicant bank further « a
‘ubmits
vuted several other documents time to time as and
wi
hat for securing the said Loan facility sanctioned to Defendant
Defendants have mortgaged their im-movable eee the
described in the Sehedule-A hereunder for security of repayment oe
the said Loan Facility and crated Equitable Mortgage by way "
deposit of original title deeds of the said properties and oth
er
documents and titles and thus, the Defendants herein are the
“borrowers” within the meaning of Sec. 2 (1) (f) of the Act and the
subject property as mentioned hereinabove is the ‘secured asset”
within the meaning of Sec. 2 (1) (zc) of the Act and the Applicant
Bank crave leave to produce the original titles deeds in the
vernacular language at the time of leading evidence.
The Applicant further submits that under the terms of the sanction
and security documents, the Defendants agreed to repay the
aforesaid Credit Facility along with HDFC Bank Base MCLR Rate +
1.85% prevailing on each day that such Facility remain outstanding.
‘That as on date of sanction the applicable rate of interest was @
10.00% per annum, more particularly described in the Sanction
Letter dated 21.01.2020 and thereafter the applicable rate of interest
was applied time to time as reflected in the statement of accounts.
That the Applicant Bank submits that an Emergency Credit Line
Guarantee Scheme (“ECLGS’) was unveiled as a part of the
comprehensive package announced by the
Government of India, on 13-05-2020, to aid eligible Business
Enterprises / Micro, Small and Medium Enterprises (MSMEs) sector
in view of the economic distress caused by the COVID-19 pandemic.
Subsequent to the same and at the request of Defendant No. 1, the
Applicant Bank had lent and advanced WCTL by way of Guaranteed
cy Credit Line (GECL) under the said special scheme of
Ministry of Finance,
Emergen
ECLGS under the Sanction Letter dated 15.09.2020. The terms of
the said sanction letter has been agreed and acknowledged by the
Defendant No. 1 who has appended his signature on the said
sanction letter.Type of Loan &Loan Agreement No.
WCTL ‘by way of Cuaranteed” Emergency |
Credit Line (GECL) under ECLGS Account
No, 8760288
‘The financial facilities mentioned hereinabove and granted under
the ECLGS to the Defendant by the Applicant Bank is to be referred
‘as Loan (Il) hereinafter.
© The Applicant states that the Defendant has executed the following
Security documents for the purpose of securing the aforementioned
Snancial facilities sanctioned by the Applicant Bank under Loan II:
@ Sanction Letter ~ Guaranteed Emergency Credit Line dated
15.09.2020;
(i) Facility cum Hypothecation Agreement along with Schedule-
Cum-Key Fact statement dated 24.09.2020;
Gi) Declaration Cum Undertaking dated 24.09.2020
(iv) Undertaking by the Borrower dated 15.09.2020;
That under the terms of the sanction and security documents, the
Defendant agreed to repay the aforesaid Loan Il facil
contractual rate of interest @ 8.25% per annum,
described in the Sanction Letter and Facility Agreement.
5.10 The Applicant Bank submits that the Financial Facilities granted to
the Defendant under Loan (II) was lent and advanced under the
special scheme of ECLGS as announced by the Ministry of Finance,
Government of India with the 100% guarantee backed from the
National Credit Guarantee Trustee Company (NCGTC) to the
Applicant Bank. However, even if the Financial Facilities is 100%
guarantee backed from the NCGTC, it is still due and recoverable
from Defendant and is to be compensated to the NCGTC from the
amounts to be recovered from the Defendant. The Applicant Bank,
after adjusting such recoveries towards default amount relating to
the Loan (1) & (11) and the legal costs incurred for recovery of the due
amounts, shall thereafter remit to NCGTC the balance recoveries.
yS11 The Applicant Bank submits that the
Defendants have availed and
utilised the said Secured Loan Facility as stated in the statement of
accounts. That the Applicant Bank submits that after availing of the
aforesaid Facility, the Defendants failed and neglected to repay the
outstanding amount as per the terms and conditions agreed upon
by the Defendants and the conduct of the account of the Defendants
with the Applicant Bank become unsatisfactory. That inspite of
several repeated reminders for payment of the outstanding amount,
the Defendants failed and neglected to clear the outstanding
neglected to regularize th
and
account. That the Applicant Bank
therefore issued a Loan Recall Notice dated 23.08.2
Defendants and called
022 upon the
upon to pay an amount of Rs.
$3,00,254.74p remaining outstanding in the account of the
Defendants as on 22.08.2022 within 14 days.
Defendants have neither paid the
However, the
said amount nor respond to the
said notice and therefore the Applicant Bank is compelled to file the
present Application. Th:
at as per the statement of the accounts of the
Applicant Bank an amount of Rs, 33,00,254.74p is remaining
outstanding
hereunder;
‘Particulars
due and to be recovered from the Defendants as stated
‘Amount Rs.
‘Amount due as per the statement of
accounts of Loan Against Property
Account no. 84332627 as on 26,93,617.74
22.08.2022
WCTL by way of Guaranteed Emergency
Credit Line (GECL) under ECLGS 6,06,637.00
Account No. 8760288 as on 22.08.2022;
[Teta 33,00,254.74 |
5.12 The Applicant Bank says that the Defendants are also liable to pay
|
further accrued interest on the aforesaid amount at the contractual
rate of interest till full realization and cost to the Applicant Bank
and the current rate for (i) Loan Against Property Account No.
84332627 is 10.00 % p.a. (ii) Guaranteed Emergency Credit Line
(GECL) under ECLGS Account No. 8760288 is 8.25 % Pp.a- ‘The
Applicant Bank is entitled to get decree of the above said sum
against the Defendants as per the Statement of Account along withhe caleulation «
u lation terest not debited in the account of the
Defendants d curtifies
ints duly crtified under the Banker's Books Evidence Act,
1891 which is filed herewith and the same be treated as part of this
Application,
i i a jurisdiction of this Hon'ble Tribunal when the
Sanctioned the Loan Against Property Facility in the
year 2020 and when the Defendants executed the sec urity
documents for repayment of the said Facility granted to the
Defendants and when the Defendants availed the said Facility from
the Applicant Bank and when the Defendants made some part
Payments as reflected in the statement of account but committed
breach of the terms of sanction and failed to repay the amount due
under the Secured Loan Facility account as per schedule and when
the Account of the Defendants was classified as Non-Performing
‘Asset on 06.08.2021 and when the Applicant Bank called upon the
Defendants to pay the outstanding amount and when the Applicant
bank issued Loan Recall Notice upon the Defendants on 23.08.2022
and called upon the Defendants to pay the outstanding amount but
the Defendants failed to pay the amount called for and as such the
cause of action is still continuing,
6. RELIEFS SOUGHT:
a aI =
In view of the facts and circumstances mentioned in para S- of this
Application, the Applicant bank most respectfully and humbly prays
for the following relief;
Main Relief:
‘this Hon'ble Tribunal be pleased to pass a Judgment for an
amount of Re, 33,00,284.74p (Rupsce ‘Thirty Three Lacs Two
Hundred Fifty Four and Seventy Four Paisa only) against the
Defendants jointly and severally and in favour of the Applicant
together with future interest @ 10.00% per annum for Loan
amines Property ant @ 2.25% pet ans for WCTL granted
winder BCLS schemes with monthly rests in respect of
vienna in ee woe Fach Accounts from 23.08.
sg, recoverable and Tealzable by the slp
é ad propertion. of the, datallaa and described
a.10
d from the other i),
_ a hereunder an ny
cena ‘ detailed and describe
. written and as may be found op
r To issue a Recovery Certificate for the amount claimed under
the Statement of Claim (Prayer “a” above):
« ‘That it be declared that the dues of Applicant as set out in
prayer clauses 6(A) above are fully secured by @ valid and
subsisting and have a first and exclusive charge in respect of
immovable properties of Defendants, more particularly
described in Schedule A herein;
4. That the immovable and movable properties described in the
Schedule A hereto, be sold by and pursuant to the orders
‘and directions of this Hon'ble Tribunal and the net sale
proceeds thereof be ordered to be paid over to the Applicant
towards satisfaction of its claim in the Original Application.
The Defendants be permanently restrained from transferring,
alienating, mortgaging or parting with possession of their
ibe §mmovable properties described in Schedule-A hereunder
& Direct the Defendants to pay to the Applicant the cc
application, Advocates fees other incidental expenses incurred
by the Applicant for typing, Xeroxing and stationary charges
etc. as provided under Order XX-A of the Civil Procedure
Code.
Such other and further reliefs which this Hon'ble Tribunal
may deem fit and proper under the circumstances of the case
be also granted to the Applicant.
7. INTERIM RELIEF;
‘The
je Applicant Bank submits that the Defendants are liable to pay
gt Saree Loan Against Property
Facility granted request by the Applicant Bank to thei
Defendanis . It is apprehended that during the pend:ncy of the
Application, the Defendants might do away with their properties and
substantial remedy of the Applicant would be lost and if they
Succeed in their doing so, the Applicant Bank will become
remediless and the Present application will become in fructuous and
it will be very difficult for the Applicant to recover the outstanding
from the defaulting Defendants.
It is quite likely that during the pendency of the Application, the
Defendants might also do away with their properties and in such an
event; the Applicant will not be able to recover its entire dues. In
order to ensure that adequate securities are available with the
Applicant Bank to realize the dues by attachment and sale of the
Properties belonging to the Defendants, it is required that the
Defendant be directed to disclose on oath the movable and
immovable properties belonging to them and the interim relief by
way of injunction be granted against the said properties of the
Defendants. It is therefore in the interest of justice to protect the
interest of the Bank during the pendency of the Application and
final hearing by granting interim relief by way of injunction in
respect of the movable and immovable properties belonging to the
Defendants be disclosed.
The Applicant Bank has strong prima facie case and the
balance of convenience is also in favour of the Applicant Bank rather
than the Defendants because the Applicant bank has to recover
huge dues from the Defendants. Moreover, the dues in question is
public money. If the interim reliefs prayed hereunder are not
granted, the Applicant Bank is likely to suffer irreparable loss which
can not be compensated in terms of money.
It is therefore most humbly prayed as under;
(A) The Defendants be restrained from transferring, alienating,
letting, disposing-off, creating any charge or third party rights,
title, interest or claim etc. in any manner whatsoever over the
Mortgaged immovable Properties described in SCHEDULE-A
and from the other Personal Properties of the Defendants
detailed and described in SCHEDULE -B hereunder written2
and as may be found or disclosed by the Defendants withous
prior approval of this Hon’ble Tribunal.
(B) The Defendants be directed to disclose on oath all their
movable and immovable properties including shares,
securities, fixed deposits, Bank Accounts insurance policies,
vehicles , jewellery, alogwith income tax and wealth tax
returns within a stipulated time from the date of service of
the order of this Hon'ble Tribunal and upon failure to declare
the same, appropriate order be passed as per provisions of
Section 19 (5) (iii) of The Recovery of Debts and Bankruptcy
Act 1993.
{C) The Defendants be directed to furnish security to the
satisfaction of this Hon'ble Tribunal for an amount of about
Rs.33,00,254.74p within one week from the date of service of
the order of this Hon'ble Tribunal, failing which, the
Defendants be directed to deposit the said amount in this
Hon'ble Tribunal within a period of one week from the date of
service of order of this Hon'ble Tribunal in this regard.
‘the hearing and final disposal of this—
comprehensive Affidavit disclosing details of all their other
assets along with documentary evidence including, inter-alia
the following particulars and to grant attachment before
judgment of the said assets:
a List of all bank accounts with copies of the same for the
last 3 years; .
b. List of all their other movable and immovable properties
along with copies of the title deeds and to order
before judgment thereof belonging to the
“Defendants be directed to file aa
{Present means of livelihood along wit) relevant
documentary;
(©) This Hon'ble Tribunal may be pleased to restrain the
Defendants from leaving India without the permission of this
Hon'ble Tribunal and be further pleased to order to deposit
Passport of the Defendants before the Registrar, Debts
Recovery Tribunal, Ahmedabad.
(F) This Hon'ble Tribunal be pleased to pass such other and
further orders, in interest of justice.
8. | MATTERS NOT PENDING WITH ANY OTHER 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 BANK DRAFT IN RESPECT OF THE .
APPLICATION FEE :
i) Name ofthe Bank : HDFC Bank Limited.
Ahmedabad
ii) DD/P.ONumber =: 495160 dated 01.07.2022
ii) DD / P.O Amount : Total Rs.36,000/-
‘ " on claim of Rs. 33,00,254.74p
nes i .
‘DETAILS OF INDEX : a
‘An Index in duplicate containing the details of the do
relied upon is enclosed.
LIST OF ENCLOSURES:
Memo of Application and copies of documents de:\ ee renter
14
VERIFICATION
|, PIYUSH J
SONEJI, Authorised Person of the HDFC Bank Limited,
the Applicant Bank, do hereby veri
y that the contents of Para No. | tg
1 are true to my persona! knowledge and belief and that I have not
suppressed any material fact
Place: Ahmedabad
Date: ___.09.2022
"APPLICANT
SCHEDULE-A
DI [ON OF MORTGAGED IM-MOVABLE PROPERTIES OF THE
DEFENDANTS
1. ALL THAT PIECE AND PARCELS OF THE IMMOVABLE
‘COMMERCIAL AT CSW NO. 10/2, CS NO. 70, RS NO. 304 PAIKI
TPS NO. 11, FP NO. 4 PAIKI PLOT NO. 7 PAIKI » BLOCK NO.C ,
SOUTH SIDE PART , SUBHASH NAGAR, RAJKOT BOUNDED AS
UNDER ;
EAST : ROAD
WEST : PLOTS PAIKI OTHERS PROPERTY
NORTH : OTHERS PROPERTY
SOUTH : BLOCK NO. B / OTHERS PROPERTY
SCHEDULE - B
OF VABLE PRO) OF THE
DEFENDANTS;
1.
ALL THAT RIGHT TITLE AND INTEREST IN THE PIECE AND
PARCELS OF the immovable property being situated at DHEBAR
ROAD, 5 YOGESHWAR SOCIETY, ATIKA INDURSTRIES AREA,
RAJKOT - 36000215
IN THE HON'BLE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
ORIGINAL APPLICATION NO. OF 2022
APPLICANT :
HDFC BANK LIMITED
Versus.
DEFENDANTS, KRISHNA ELECTRICALS & ORS.
AFFIDAVIT
1, PIYUSH J. SONEJI, Hindu, Adult, Resident of Ahmedabad, Occupation;
Service as Manager with of HDFC bank Limited, do hereby solemnly affirm
and declare on oath that what is stated in the Application is true and
correct to the best of my knowledge, information and belief as gathered
from the records of the Bank and I believe the same to be true and correct.
Solemnly affirmed at Ahmedabad on _ day of September, 2022.
. APPLICANT
Identified by me16
IN THE HON'BLE DEBTS RECOVERY TRIBUNAL-II AT AHMEDA3AD
APPLICANT
DEFENDANTS
ORIGINAL APPLICATION NO. OF 2022
HDFC BANK LIMITED
Versus
KRISHNA ELECTRICALS & ORS.
VAKALATNAMA
1/We the undersigned, do hereby appoint and retain Mr. Lalit
M. Patel, Advocate, to act, appear, plead for me/us in the
above matter in all proceeding/s that may be taken in respect
of any application connected, therewith and to deposit and
receive money on my/our behalf in the said matter and to
TuPromise, settle and / or withdraw the said matter or any
Proceedings arising therein, to represent me/us and to take
all necessary Steps on my/our behalf in the above matter. I /
We agree to ratify all act/s done by my abovenamed advocate
in pursuance of this authority / vakalatnama,
In witness whereof I/ We have set
my / our hand/s to this
writing on this
day of September, 2022
For HDFC BANK LTD.
Signature/s
Authoriszed Person
IDENTIFIED AND ACCEPTED
LALIT
M. PATEL
Advocate
Advocate Sanad / Code No. G/421/1989
Office :
LALIT M. PATEL
401, “Shaival Plaza’, Nr. Gujarat College
Inder-residency-Parimal Garden Road
Ellisbridge, Ahmedabad - 380 006
Phone ; 26442164 (0) 98250 07052 (m)
Court Fees of Rs. 5/- paid by Bharatkosh
‘TRF No.