Before the Hon’ble Debt Recovery Tribunal at
Lucknow.
Securitisation Application No. 421 of 2024
M/s Jan Jyoti Foods and others ……….Applicants
VERSUS
State Bank Of India ……….Respondents
Objection/Reply Affidavit on behalf of the opposite
Party
I, Amit Kumar Singh, aged about 42
years, son of Shri Sachidanand
Singh, Chief Manager posted at
SARB, SBI, Lucknow, the deponent,
do hereby solemnly affirm on oath
and state as under:-
1. That the deponent is presently posted as Chief Manager and
the deponent is duly authorized to file the present Affidavit
in the above noted Securitisation Application (S.A). He states
that he is well conversant with the facts deposed to
hereunder.
2. That the applicants has filed the affidavit in support of stay
application (Hereinafter referred as affidavit) to stay the
impugned order passed by the Learned Additional District
Magistrate, Financial and Revenue, Rampur dated
13.02.2025.
3. That the contents of the affidavit have been read over to the
deponent and after understanding the same, the instant
objection/ Counter Affidavit is being filed.
4. That the contents of Para 1,2,3 and 4 of affidavit needs no
comments.
5. That in reply to the contents of Para 5 and 6 it is relevant to
submit here that the bank has filed the application to
Additional District Magistrate, Finance and Revenue, Rampur
, as per the provisions of SARFAESI Act,200, in which there
was no irregularity and illegality and no dictums of the
Hon’ble Supreme Court and the Hon’ble High Court were
violated.
It is further submitted that as per
the provisions, after being heard the applicants, Additional,
District Magistrate , Finance and Revenue, Rampur passed
the order dated 13.02.2025 in accordance with law as such
the applicants are not entitled to any relief.
6. That in reply to the contents of para 7 , it is submitted that
while initiating SARFAESI proceedings the bank has followed
all the relevant provisions of the Act and the Rules and the
entire SARFAESI proceeding so initiated, is in accordance
with the law, in which there is no defect /irregularity as such
the instant application deserves to be dismissed. So far
impleadment of opposite party no 4 is concerned, it is
submitted that the bank has impleaded Madhav Sharan
Pandey,which is by typographical mistake, named as Ram
Sharan Pandey, despite of this Opposite party no 3 filed a
false affidavit on behalf of O.P No.4 in the written statement.
The copy of the affidavit filed on behalf of O.P No.3 is hereby
annexed as ANNEXURE NO 1 to this affidavit.
7. That the contents of Para 8 are wrong, misconceived and
denied and in reply thereto, it is further submitted that the
bank had filed application accompanying with affidavit as
per the provision of Sec 14 of SARFAESI Act,2002 as such the
applicants are not entitled to any relief so sought by
them .The copy of Application accompanied with Affidavit
made so is hereby annexed as ANNEXURE NO 1 to this
affidavit.
It is further submitted that as per
the provisions of sec 14 of SARFAESI Act,2002 , there is no
provision too file any Authorisation or Power of Attorney and
the same is only subject to the bank and it is also relevant to
submit here that, the applicant is the competent authority as
per the provisions of Rule2(a) of the Security
Interest(Enforcement) Rules, 2002 as he is on post of
Chief Manager and the application was also filed in the
capacity of Chief Manager as such the applicants are not
entitled to any relief.
8. That the contents of para 9 of the affidavit are wrong,
misconceived hence denied and in reply thereto, it is
submitted that all the proceeding so initiated by bank is in
accordance with the provisions of the SARFAESI Act,2002, in
which there is no irregularity or illegality as such the
applicants are not entitled to any relief and instant
application deserves to be dismissed.
It is further submitted that only after
the hearing of the applicants, Additional District Magistrate ,
Finance and Revenue , Rampur passed the order dated
13.02.2025, which is in accordance with the provisions of
SARFAESI Act,2002.
9. That the contents of the para 10 are wrong, misconceived
hence denied and in reply thereto, it is submitted that all the
pleading was duly verified time to time by the accompanying
affidavit followed by the applications as such there is no
irregularity to the provision of C.P.C in the entire proceeding.
10. That the contents of Para 11 was wrong misconceived
hence denied and in reply thereto, it is submitted that the
applicants are provided with the legible copy of the notice
u/s 13(4) of the SARFAESI Act ,2002. The copy of the notice
u/s 13(4) is hereby annexed as ANNEXURE NO 2 (Not
available) to this affidavit.
11. That in reply to the contents of Para 12 , it is submitted
that in view of the gross negligence on the part of applicants
in making payment of the outstanding dues the account
became grossly irregular and the same has been classified
as NPA on 29/09/2023 and thereafter the bank has initiated
the recovery proceeding under the SARFAESI Act on
31.10.2023 to borrower and guarantors and the same was
sent through registered post and is delivered to all the
person. The copy of the notice under section 13(2) is hereby
annexed as ANNEXURE No 3 to this affidavit.
12. That in reply to the contents of the para 13, it is
submitted that bank has filed the application by the
authorized officer as per the provisions of sec 14 of the
SARFAESI Act,2002, in which there is no irregularity and
illegality in the entire proceeding.
Place : Lucknow.
Dated : -03-2025 Deponent
VERIFICATION
I, the abovenamed deponent, do hereby verify that the
contents of paragraphs ................. of this Reply are true to my
personal knowledge and the contents of paragraphs .............are
believed to be true by me.
Signed and verified this on .... day of July, 2024 in Hon’ble
Tribunal’s compound at Lucknow.
Place : Lucknow.
Dated : -03-2025 Deponent
I identify the deponent who has signed before me.
Advocate
