Humble Submission To -:

The Hon'ble Chief Justice of Tamilnadu

High Court Chennai

Kalimuthu.B
S/o. Balasubramaniam,
No.74, Karur Main Road,
Kalipalayam, Dharapuram – 638661
Ph – 78250 69223 … APPLICANT
.
--Vs.--
THE AUTHORISED OFFICER,
M/s. Housing Development
Finance Corporation Limited, (HDFC)
No.29, Kamarajar Road,
Coimbatore – 641 018. … DEPENDANT/CREDITOR

SUBJECT: This Petition is submitted for the reason that the

Respondent has submitted false documents before the court and
obtained a wrong judgment from the Judge, DRDA Office,
Coimbatore on 06.12.2022 – Regarding
SARFAESI ACT was enacted under the Scope and Aim for collection
of Bad Debts (Unpaid Loans), announced by the Hon’ble Supreme
Court to the effect that High Courts should not interfere with, under
the SARFAESI ACT, with the cheating purpose, i.e., as the has filed
the False Affidavit before the Court, this Petition is humbly
submitted to your good selves for initiating Criminal action legally
under section 340 of the Cr.P.C., for inquiry.
1. This Petitioner is the Complainant in the case bearing
S.A.No.1114/2022, before the DRDA Court at Coimbatore.

2. The above-stated Respondent in the Dependent/Creditor

3. The Authorized (Authority) Officer of the above HDFC bank

has acted with the objective of obtaining enrichment (Profit)
by way of depriving my properties and selling the same to else
other persons. It has been demonstrated in page no 3
paragraph No.2 of the Judgment (enclosed herewith)
delivered by the DRDA Judge as, “Learned Counsel for the
Respondent/F1 submitted that the Bank has to recover the
dues from the Applicant and there is no Payment made by the
Applicant, after the issuance of Notice, under section 13(2) &
13(4) of the SARFAESI ACT. These are enclosed herewith from
Page No.1 to Page No.4.

4. But they have not mentioned the Receipt Number, concerning

the HDFC Bank. This Petitioner has paid a sum of Rs.50,000 to
the above Bank on 01-11-2022. He has paid the above-stated
amount and obtained the Receipt thereof and the same is
enclosed on Page No.5 as the Document
 The true facts in this document are that this Petitioner has
paid an amount of Rs.50,000/- properly. But miserably in the
Judgment of the DRDA Court, as stated above, it has been
recorded that the Petitioner did not, at all pay any money. As a
result, there are lies (untrue matters) in the Judgment of the
above-mentioned Judge as “Error is apparent on the face of
the Record, leading to miscarriage of Justice. Admittedly, it
has become true that the Respondent Bank has obtained the
Verdict, by way of defrauding the Court of Law. Hence, I pray
you to exercise legal action by filing a Criminal Case against
the above officer of the bank. It is a Criminal offense, under
the sections 191, 193, 195, and 199 of the I.P.C., 1860 to make
a False Affidavit if one’s pleadings or filing a False Affidavit or
False Document is evidence, before the Court of Law.

Dalip Singh v. State of Uttar Pradesh [MANU/SC/1886/2009 :

(2010) 2 SCC 114], ii] Rameshwari Devi v. Nirmala Devi
[MANU/SC/0714/2011 : (2011) 8 SCC 249, and iii] Kishore Samrite
v. State of Uttar Pradesh[MANU/SC/0892/2012 : (2013) 2 SCC 398],
holding that, "It is very well settled that a person whose case is
based on falsehood has no right to approach the Court and he is not
entitled to be heard on merits and he can be thrown out at any stage
of the litigation.
 FACT OF THE CASE
5. This Petitioner had been working as a Physical Education
Teacher (P.E.T.), right from the year 1998, in the Education
Department of Govt. of Tamil Nadu. In the year 1993, he was
working as the P.T. Assistant at Govt. Higher Secondary School
in Udumalaipettai.

In the case bearing No.2218/2009, the Judicial Magistrate

Court at Kangeyam pronounced Judgment, with 6 months
Imprisonment upon this Petitioner. Immediately he was
dismissed form the Govt. Service. As against the above
Judgment, this Petitioner filed an Appeal with 726 days delay,
before the Principal and Sessions Court at Tiruppur and also
obtained an order of withholding the Imprisonment. Again, a
case bearing STC No.2218/2009 was filed upon this Petitioner
before the Judicial magistrate Court at Kangeyam and he was
under Judicial Custody from 23-12-2013 to 06-01-2014.
6. On account of this, under Rule No.53(1) of the Tamil Nadu
Government Servants Conduct (Fundamental) Rules, the
Petitioner was suspended from 23-12-2013 and he has been
suffering from Cruelty ( In fact, he is undergoing punishment
for the offense not done by him). Regarding all these matters,
this Petitioner filed a case bearing W.P.No.17028/2020,
before the High Court of Judicature at Chennai and obtained a
Positive order on 08-11-2021, to the effect that he should be
provided with the job again. But, the colleagues at his office
are making me run from pillar to post (harassing), by way of
not respectively the Court’s order. Due to a deficit of money,
the Petitioner's situation in his day-to-day life is.

7. Concerning all these grievances, this Petitioner himself is

likely to file a case by appearing directly in Person, without
the assistance of any Advocate, by way of filing/registering
case, from Contempt of Court under in the Hon’ble High Court
of Chennai CNR No- HCMA010203572023 Filing No CONT P
14315of 2023 point of view.
8. Also, in view of the Arrest made, only 25% of the Subsistence
Allowance (for the Suspension period) is granted to this
Petitioner. By keeping this meager amount only, he is leading
a difficult life with his wife and children. In this regard, Page
No.1 to Page No.10 is enclosed herewith as the documents.
Because of these basic reasons only, this Petitioner is unable
to pay the money properly, in the case as filed under the
aforesaid SARFAESI ACT, and unable to conduct the case
through talented Advocates and is leading the pathetic way of
life, so far.

The petitioner has availed the Loan to the tune of Rs.3,90,000

only, from the above-mentioned Bank. As he was unable to
repay continuously, again it was mortgaged by the Bank and it
was made to the effect that the Petitioner had to pay a sum of
Rs.6 lakhs. Subsequently, due to the reason of the Petitioner’s
inability to pay the Interest amount again and again, today the
DRDA has passed orders that the Petitioner has to pay a huge
sum of Rs.9 lakhs, legally. As a matter of fact, the DRDA Court
has pronounced Order that , it the Petitioner fails to pay the
Amount, he has to pay Rs.4,50,000/- within 03-01-2023 and
he has to pay Rs.4,50,000/- again on or before 31.01.2023 and
in default of payment, an Auction may be accomplished by the
above stated Respondent.
The Authorized Officer HDFC Limited under SARFAESI Act
Wrong /Perjury Affidavit Handover to the Hon’ble DRDA-
Coimbatore - Crime has been Confirmed

PRAYER

The petitioner's humbly begs to prefer before the Hon'ble Court,

and praying direct to register a Legal Case by initiating Stringent
and Instant action upon the aforesaid Prime Accused, The
Authorized Officer HDFC Limited under SARFAESI Act perjury
Affidavit Handover to the Hon’ble DRDA- Coimbatore - Crime has
been Confirmed.

For the reason that, the above mentioned order/judgment has been
pronounced on seeing/ perusing the False documents, the same is
not maintainable nor tenable.

Therefore, I must humbly request and pray to register a suitable

criminal action (case) upon the Respondent herein and to conduct
an Enquiry and also to oblige me for meeting the ends of Equity and
Justice, please.
Petitioner/ Aggrieved Person

03-02-2023 (Kalimuthu.B) -(Party in Person)