R.S.K.

SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

To Date: 10-3-2023
Sri Kumar Santosh
Chief Manager & Authorized Officer
CANARA BANK, Bengaluru Rajaji
Nagar Branch, No.693,3rd Block,
Ram Mandir Road, Rajaji Nagar
BANGALURU-560002

SUBJECT:- Representation under proceedings under of SARFEASI Act

In respect enforcement of Security Interest on the
Property pledged towards loan A/c of Sri G.Narpathraj -reg.
Sir,
At the outset it is submitted that, whatsoever may the facts of
this case, as my client Sri G.Narpathraj, son of Late D. Geverchand Bhansali
64 years, sole Proprietor of M/s B.S Distributor No. 102/1, shop No. 14 1 st
Floor, Hunumesh Complex, G.P. Street, Avenue Road cross, Bangaluru-
560002, is under mental severe depression and is under sedation due to
medical treatment is unable to properly represent the true facts before your
Hon’ble Authority, hence he has engaged the services of the counsel, hence
this representation is now submitted to bring out true facts of the case
pending before your Hon’ble Authority in the matter of enforcement of
security interest on the property pledged for the purpose of security for
availing Loan A/c s by my client as follows for your kind perusal:-

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

1. My client instructed to me to state that he is carrying on the business

of warehousing distributing the products of multinational Company ‘
COLGOATE BRAND’ ever since 1990 and he has very good track record
of making timely payment to his creditors for the past 30 years
without any bad remark on credit ratings.
2. My client instructed me to state that he has been sanctioned five loan
products during the course of his business as follows:

Sl.No LOAN A/C No Amount of Type /Nature

. loan IN LAKHS of loan
1 040814000002469 160.0 OD
2 0407730000042 31.5 HL
3 04089160000357 23.0 GECL
4 04089580000094 16.0 Synd MSME
5 173000040847 16.0 GECL-10%

3. My client instructed me to state that the loan No.3 and 5 cited above
are sanctioned during the time Covid period and it is subsidy loan
amount released under the Notification of Government of India, in
respect of these two loan accounts are outside the purview of
SARAFEASI proceedings since no security interest has been created on

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

the property pledged to the Bank hence this amount of two accounts
may please be dropped from the recovery proceedings initiated under
SARFEASI law by your Hon’ble Authority.
4. My client instructed to state that out of five Loan account sanctioned
he has repaid Principal plus Interest in Equated Monthly Instalments
promptly until March 2022 and the total amount paid towards each
loan account is shown as follows:

Sl.No. LOAN A/C No Amount of Amount Balance

loan in lakhs paid amount
principal due in
plus lakhs
interest in
lakhs
1 040814000002469 160.00 215.00 55.00
2 0407730000042 31.5 38.32 6.82
3 04089160000357 23.00 2.06 20.94
4 04089580000094 16.00 5.87 10.13
5 173000040847 16.31 1.31 14.69

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

5. My client instructed me to state that due Covid Lock down during April
2020, the business sales has steadily come down and during this
Pandemic my client lost his only son on 18-5-2021, and subsequently
his wife also died on 9-12-2021.
6. My client instructed me to state that due to loss of his family
members, son and wife he entered into severe mental depression and
as per medical suggestion he is on rest. It is during this time that he
lost control over his business and bad time in his life started leading to
delay in payment of loan accounts.
7. My client instructed me to state that he is now 64 years of age with
old age medical issues like Diabetes, hyper tension and added to this
misery he is under severe mental depression, his only son who is
supposed to take reins of his family business has died in youthful age
there is no option for him except to exit from the business and retire
and take rest in house.
8. My client instructed me to state that due to loosing control over his
business activities since 2 and half years, several of his customers who
have taken goods on credit have not repaid the amount due to him
leading to severe business loss. It is exactly at this point of time that
Loan account have been declared as Non-Preforming asset by the
Bank.

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

9. My client instructed me to state that he has submitted a detail

representation to the your Authority under the provisions of Section
13(3)A of SARFEAI Act on 1-12-2022, as the mandatory reply accepting
or rejecting the representation of my client has not been received by
him within 15 days, he was constrained to to file a Writ Petition before
the Hon’ble High Court of Karnataka under W.P. No. 2552/2023(GM-
RES) and subsequently after hearing the matter the Court was pleased
to pass order dated 6-2-2023, wherein notice issued by your Authority
under Section 13(2) of SARFEASI Act Dated 4-11-2022 and Possession
dated 9-1-2023 has been stayed subject to payment of 30% of amount
due in two instalments first instalment with in 3 weeks and second
instalment within 3 weeks thereafter.
10. My client instructed me to state that as he is now under severe
mental depression a medical condition which would not permit him to
attend to his day to day business work and also absolutely there are
no resources or money left with him right to now to make payment of
money as per the Court orders.
11.My client instructed me to inform you that there are several facts
which are not in his knowledge such as the exact total amount
principal money paid towards each of loan account and also as how
money interest money paid towards each of loan, what is principal

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

amount due on date of irregularity of account i.e March 2022, date of

N.P.A i.e. on 29-10-2022 and date of issue of demand notice, hence to
place all true facts before the Hon’ble High Court of Karnataka in W.P.
No. 252/2023, your Hon’ble Authority is hereby requested to issue
certified copies of the following documents to me to enable to
prepare pleadings and file before the Hon’ble High Court of Karnataka
in W.P. No. 2552/2023 urgently in the interest equity and Justice.
a. Copy of Bank Statement showing exact amount of Principal money
and interest money due separately due for each of the Loan
Account of my client as on the date disorder of the loan i..e in
March 2022.
b. What is principal amount due on the date of N.P.A i.e 29-10-2022
and what is interest amount due on 29-10-2022 for each of Loan
account, Principal and interest amount may please be informed
separately.
c. What is the principal amount due for each of Loan account as on
the date 4-11-2022 Demand notice, what is total interest amount
due for payment for each account separately.
d. My client has paid Rs 4.2 lakhs during November 2022, in this
behalf you may please inform us as how much money out of this
amount has been debited towards Principal amount of each

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 R.S.K.SINGH
ADVOCATE
Resi:
Plot No.54, Sontha Linganna
Setty Colony, opp to park
Gandhinagar, BALLARI-583103
PHONE: 7619490247
email: Rsksingh122@gmail.com

account and how much money has been debited towards interest
due of each loan account urgently.
e. Copies of all the Loan agreements signed by my client along with
Guarantor for each of loan account.
12. The copies may be urgently issued to my address and I will pay the
Copying fees as per Bank rate on receipt reply as how much is the cost
of coping charges, the total amount immediately.
13. I have instruction from my client to submit that whatsoever may be
facts and without prejudice to his rights to agitate the matter legally
he is willing to get the matter of payment due reasonably through OTS
settlement.

Yours faithfully

( R.S.K.Singh)