BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT AT THANE,

SECURITISATION APPLICATION NO – 4584/2024

(Under Section 14 (1) & (2) of the Securitisation and Reconstruction
Of Financial Assets and Enforcement of Security Interest Act, 2002)

ICICI BANK LIMITED

…. Applicant
Versus
VIMAL ANAND SINGH & ANR
….Respondents

AFFIDAVIT

I, Amrish Shetty, Age _______ years the authorized person of the Applicant Bank
above named, having its registered and corporate Office at Registered Office
address at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara-
390007, Gujarat and Corporate office address at ICICI Bank Tower, Bandra
Kurla Complex, Mumbai-400051 do hereby solemnly affirm and state as
under:-

1. That I am authorized to appear before this Hon’ble Court for the

verification of documents related to the mentioned case no- Cri M. A.
4584/2024.

2. That today on board, I am conducting the verification of original

documents

3. I say that I am conversant with the facts of the case and able to depose
to the same on the basis of records available in the office of the
Applicant Bank.

4. I say that the Respondents had availed Loan facility from the applicant
to the tune of Rs. 23,00,000/-(Rupees Twenty Three Lakh Only)
 (Home Loan) (LBKLY00002867915) as per sanction letter dated
18.02.2016 further Respondents had availed Loan facility from the
applicant to the tune of Rs 5,40,000/- (Rupees Five Lakh Forty
Thousand Only) as per sanction letter dated 18.11.2017 (Top-up
Loan) (LAN:- LBKLY00004094121), further Respondents had availed
loan facility from the applicant to the tune of Rs. 6,81,443/- (Rupees
Six Lakh Eighty One Thousand Four Hundred Forty Three Only) as
per sanction letter dated 21.11.2018 (Top-up Loan) (LAN:-
LBKLY00004864206) further Respondents had availed loan facility
from the applicant to the tune of Rs. 6,58,000/- (Rupees Six Lakh
Fifty Eight Thousand Only) as per sanction letter dated 22.09.2021
(Top-up Loan) (LAN:- LBKLY00005756232). But later but later the
amount disbursed to the respondent was Rs. 18,80,000/- (Eighteen
Lakh Eighty Thousand Only) (Home Loan) (LBKLY00002867915) as
mentioned in SOA and 13(2) Demand Notice issued by Applicant. I say
that the Respondents are the borrowers as well as a Mortgager to the
Loan facilities availed by them from ICICI Bank thereby jointly and
severally liability towards payment of the dues. An agreement was
executed between Applicant and Respondents and accepted all terms
and conditions of Loan Agreement and they have created security
interests over the subject property. I crave leave to refer and rely upon
the contents of the Securitisation Application filed by the Applicant
Bank as if the same are reproduced herein verbatim.

5. I Say that the respondents did not raise any objection on the said 13(2)
Demand Notice Which was sent by the applicant and applicant did not
receive reply/notice from the respondents

6. . I say that in accordance with the terms of the said sanction letter and
in consideration of grant of said facilities, the Respondents had, with
an intention to create mortgage and so as to secure the repayment of
the amounts advanced under the said credit facilities and interest
thereon, created security interest over following property: “(AS
 DESCRIBED IN THE LOAN DOCUMENT / PROPERTY DOCUMENT
COVERING FLAT NO. 505, 5th FLOOR, RAJ TOWER, WING A,
BEHIND MOHAN, SITUATED AT, MAHARAL TALUKA, KALYAN
THANE, SURVEY NO. 18, HISSA 1/E, MAHARASHTRA, THANE –
421301 (ADMEASURING AN AREA OF 701 SQ. FEET. BUILD-UP
AREA)”

7. .I say that the Applicant Bank is holding a subsisting security interest

over subject property and such claim of the Applicant Bank is within
the limitation period.

8. I say that the Respondents above named have committed default in

repayment of the financial assistance granted to the Respondents.

9. I say that consequent to such default in repayment of the financial

assistance the account of the Respondents has been classified as a
Non-performing asset (NPA) on 03.06.2023 in accordance with the
guidelines relating to Asset calculation issued by Reserve Bank of India
(RBI).

10. I say that vide Notice dated 05.08.2023 issued under section 13(2) of
SARFAESI Act, 2002 the Applicant Bank demanded payment of the
defaulted financial assistance i.e. amount of Rs. 30,56,668.72/- (Rupees
Thirty Lakh Fifty Six Thousand Six Hundred Sixty Eight And Seventy
Two Paise Only) by providing statutory period of sixty days’ notice. I say
that the notice was duly served upon the Respondents.

11 . I say that as on _______________, an aggregate amount (including

accrued interest and other charges) of ______________________________ is due
and payable by Respondents to the Applicant along with further interest
till realization and that the Respondents have failed to repay the same.
 12.I say that all the provisions of SARFAESI Act and the rules there under
had been complied with.

13.I say and submit that as of today the Applicant Bank is not served with
notice on behalf of the Respondents above named regarding filing of any
of any proceeding before the Hon’ble DRT, Mumbai and there is no stay
and/or restraining order from any Competent Court of law, inter-alia,
restraining the Applicant Bank from enforcing the security interest
created upon the subject property.

14.I say that in such circumstances, the Securitisation Application be allowed

and suitable orders may be passed for the purpose of taking possession
of the secured assets mentioned hereinabove.

15. I state and submit that, whatever is stated hereinabove is true and correct
to the best of my knowledge.

Solemnly Affirmed at Thane )

On this 23 day of July, 2025 )

Deponent

Authorised Officer
ICICI BANK LIMITED
Identified by me,

Advocate: Drashti Sethia: ___________________

MAH/12855/2021
Advocate for the Applicant
506,5TH FLOOR, RAJ CHAMBERS
MANCHUBHAI ROAD
MALAD (E)-400097
MAHARASHTRA
 Verification

I, Pradip Gaikwad, the Authorised Officer of the Applicant having office address

mentioned in cause title, do hereby verify that the contents of above-mentioned

paragraphs are stated on information and belief as gathered from the records

maintained by Applicant Financial Institution and that I have not suppressed

any material facts.

Authorised Officer
ICICI BANK LIMITED

Advocate For Applicant