BEFORE THE HON’BLE CHIEF METROPOLITAN MAGISTRATE, AHMEDABAD.
(An authority designated under section 14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002)
APPLICATION NO. OF 2023
In the matter between:
Applicant: Bharat Co-Operative Bank (Mumbai) Ltd
(Through its Authorised Officer)
‘Marutagiri’, Plot No. 13/9A,
Sonawala Road, Goregaon (East)
Mumbai- 400 063
Versus
Opponent: (1) Mr. Nilesh Somchandbhai Parmar
A-504, Madhuvan Glory,
Reg Society named as Shrinath (Naroda),
Co-operative Housing Society Ltd,
Naroda, Ahmedabad-380038.
244/3, Sant Rohidas Nagar,
Opp. Bus Stand, Thakkar Bapa Nagar,
Ahmedabad-382350.
(2) Mrs. Hiral Nileshbhai Parmar
A-504, Madhuvan Glory,
Reg Society named as Shrinath (Naroda),
Co-operative Housing Society Ltd,
Naroda, Ahmedabad-380038.
244/3, Sant Rohidas Nagar,
Opp. Bus Stand, Thakkar Bapa Nagar,
Ahmedabad-382350.
AFFIDAVIT
I, Gopal Kotian, authorised officer of the applicant bank do hereby solemnly affirm on
oath and state as under:
1. The opponent herein-borrower has availed Housing Loan (Griha Samriddhi
Scheme) credit facilities from the applicant bank from its Ahmedabad Branch,
aggregating to Rs. 20,00,000/- under Loan Account No. 009233330000414 as
per Loan Agreement dated 03/03/2020. The total claim of the applicant bank on
the date of filing the present application is Rs. as on
under the said loan account number together with further interest @ 9.90% p.a
and penal interest @ 2% p.a. on the outstanding amount mentioned above
additional interest, and incidental charges, costs, charges, expenses etc.
incurred from 05.11.2021 till payment and/or realisation.
2. The borrower has created security interest over property as described herein
below and that the applicant bank is holding a valid and subsisting security
interest over such property and the claim of the applicant bank is within the
limitation period.
3. Details of the assets secured against the credit facilities availed by the
borrower.
Flat No. A/504 on 5th floor in Block No. A, admeasuring 65.60 sq. mtrs carpet
area situated in the scheme known as “Madhuvan Glory” of Shreenath (Naroda)
Co-Operative Housing Society” situate lying and being at Survey No. 954, Final
Plot No. 71 of Town Planning Scheme No. 2 of Mouje : Naroda, Taluka: Asarva
in the District of the Ahmedabad and registration Sun-District Ahmedabad-6
(Naroda) within the state of Gujarat-380038 along with share, right, title & interest
in the capital of the Society under Share Certificate No. 290 owned by Mr. Nilesh
Somechandbhai Parmar and Mrs. Hiral Nileshbhai Parmar.That the borrower has
created security interest over the property giving the details of property referred
to in sub-clause (2) above.
4. That the borrower has committed default in repayment of the financial assistance
granted aggregating to Rs. 22,80,712/- as on 04/11/2021 together with further
interest @ 9.90% p.a and penal interest @ 2% p.a. on the outstanding amount
mentioned above additional interest, and incidental charges, costs, charges,
expenses etc. incurred from 05/11/2021 till payment and/or realisation.
5. That consequent upon such default in repayment of the financial assistance the
account of the borrower has been classified as a non-performing asset.
6. That affirming that the period of sixty days’ notice as required by the provisions of
sub-section (2) of section 13, demanding payment of the defaulted financial
assistance has been served upon the borrower/Joint Borrower
7. That there is no objection or representation in reply to the notice received from
the borrower by the applicant bank.
8. That the borrower has not made any repayment of the financial assistance in
spite of the above notice and the Authorised Officer is, therefore, entitled to take
possession of the secured assets under the provisions of sub-section (4) of
section 13 read with section 14 of the SARFAESI Act
9. That the provisions of the SARFAESI Act and the rules made thereunder had
been complied with
I hereby state that all the above-made statements are true and correct to the best of my
knowledge, based on the record available with me and correct to the best of my belief
and that I have not suppressed any material or fact
SOLEMNLY AFFIRMED ON THIS _____ DAY OF __________ 2023.
Date:
Place: _____________
DEPONENT
VERIFICATION
Verified at _____________________on this ___day of _______-2023 that the contents
of my above-mentioned affidavit are true to my knowledge and nothing has been
concealed therefore and no part thereof is false.
Identified by me:
Advocate
