/2023
Cri. M.A. No __
BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE AT
SANGLI
INDIA SHELTER FINANCE CORPORATION LIMITED, ...APPLICANT
V/s
Shobha Shinde etc ....OPPONENTS
Affidavit
I, I, Mr. Prakash Vijay Tandulkar, age- 36, Occu. Service and Authorized
Officer, INDIA SHELTER FINANCE CORPORATION LIMITED Branch
Office at-Sangli do hereby solemnly affirm and state as under;
1.That the applicant is a ‘Secured creditor’ within the meaning of Sec.
2(C)(ii) of Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act 2002, hereinafter referred to as ‘the
said Act’, and therefore applicant is entitle to invoke the provisions of the
said Act.
2. That, Mrs. Shobha Shivaji Shinde (hereinafter ‘borrower’), Jotiram Shivaji
Shinde, Shivaji Maruti Shinde (hereinafter ‘Co-borrower/ s) have availed
financial facilities from the applicant. Said borrower and co-borrower have
mortgaged of their immovable being All the piece and parcel of the Property
bearing Assessment Property No. 43 its Old No.45, area adm 47.21 Sq.
Meters situated at Banewadi, Tal- Kavathemahankal, Dist-Sangli
3. The applicant, thus, is holding a valid and subsisting security interest in
the secured asset and the claim of the applicant has been filed within the
period of limitation.
4. That the Rs.7,30,560/- (Seven lakh Thirty Thousand Five hundred &
Sixty) due as on 10/11/2022 along with further interest till the date of
realization.
S. That the Borrower/ co-borrowers have committed defaut jr, the repayment
of the financial assistance gr'anted aggregating the specified amount.
Q/od/nse quem ofupon such default "l: - rlepayme“t of the= financialP assistance
o the account the borrower has been classified ag non-perform ing asset.
The Applicant further Su
bmits that pursuant to
the provisions of the said
Act, the Applicant, through its
aythorized Officer, issued dema
dated 10/11/2022, under nd notice
section 13(2) of the said Act
calling upon them to ma , to the Opponent
ke payment of the outs
Rs.7,30,560/- (Seven
tanding amount of
lakh Thirty
Thousand Five hundred &
as on 10/11/2022 together wit Sixty) due
h further interest till the date
of realization
of payment, within g period of 60 day
s from the date of the said notice
failing which the Applicant could
exercise all or any of its rights ava
it u/s 13(4) of the said Act ilable to
, in respect of the secured asset.
A copy of the
said demand notice U/s 13(2) is
enclosed and marked as ANNEXURE
VI, -
That no objection or Tepresentation
in reply to the said demand
under sec. 13(2) of the said Act notice
is received to this applicant.
That the borrower has not mad
e any repayment of the financial ass
istance
within 60 days, in spite of the
above notice and the Authorized
Officer is,
therefore, entitled to take posses
sion of the secured asset und
er the
provision of sub-section 13(4) read with section 14 of the
said Act.
That, the secured asset is in the possession of the
borrower.
10. That, there is no suit or litigation is pending before any
court or tribunal as
against secured asset. Neither their is any order of
stay on proceedings is
issued by such court or tribunal.
11. That, there is no disqualification applic
able as against secur ed
asset as per
section 31 of said Act.
12. That the provisions of the said Act and the rules m. ade
there under had
been complied with.
Hence the affidavit
Sangli
Date-,9/12/2023
Verification
I, Mr. Prakash Vijay Tandulkar, age- 36, Verify on this 22 day of Dec
2023 that, the contents of the above affidavit are true and correct to the
best of my knowledge ang belief which is derived from the records
maintained by the applicant in its ordinary course of busines
Place: Sangli
Date: 22/12 /2023
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