BEFORE THE DEBT RECOVERY TRIBUNAL II - CHANDIGARH

S.A.No. of2023

IN THE MATTER OF:

Anand Kumar Sinha & Anr. ... APPELLANTS

Versus

M/s Axis Bank Ltd. ... RESPONDENT

INDEX

SL. PARTICULARS PAGE

NO. Nos.
A Urgent Application
A
B. Memo of Parties. f Lt.SI DF l>AT E5 Al'l.b EVEN ~ 13- c
1. Memorandum of Appeal/Application under Section
17(1) of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest
Act, 2002 read with Security Interest (Enforcement)
1-{3
Rules, 2002 along with affidavits in support.

2. Annexure-A-1 (Colly.)
A copy of the said possession notice dated 03.06.2023 fL(-JCJ
and the court order dated 14.02.2023
3. Annexure-A-2
Copy of the letter dated 9.5.2023. !l/
I
I
4. Vakalatnama
dJ.
- -

lH1TE
13[6{J.oJ__3
Through
~
(SEEMA SHARMA)
Advocate for the Appellants
D-31, Jangpura Extn. New Delhi 14
Enlr: D/2456/99
Ph:9818296378
Email : seemasharma7 4@gmail.com
To,
The Registrar,
A
Debt Recovery Tribunal- Chandigarh II
Chandigarh

URGENT APPLICATION

Sir,

The Appellants are filing the accompanying appeal/application under

Section 17 (1) of the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 amended from time to time

(hereinafter referred to as 'Act') falls within the jurisdiction of this Hon'ble

Tribunal. That this appeal is being filed as Appellants are aggrieved from notice

of the Respondent Bank dated 3.6.2023 which was Pasted on the walls of the

residential property of the Appellants on 4.6.2023, wherein it was mentioned

inter-alia to the effect that as the borrower have failed to repay the amount, the

Court Appointed Receiver, Tehsildar, Faridabad will be taking the physical

possession of the secured asset viz. Flat No. 1107, 11th Floor, Tower B-6, SRS

Royal Hills, SRS City, Sector 87, Faridabad, Haryana 121002, in exercise of

powers conferred on him under Section 13 (4) of the Act read with rule 8 of the

said rules on 20.6.2023.

That the date given by the Respondent Bank for taking physical

possession of the asset is 20.6.2023. Hence this present Application seeking

permission for listing the Appeal before the Hon'ble Bench before the said day.

Thanking you,

(SEEMA SHARMA)
Advocate for the Appellants
 BEFORE THE DEBT RECOVERY TRIBUNAL II - CHANDIGARH

S. A. No. _ _ _ of 2023

IN THE MATTER OF:

Anand Kumar Sinha & Anr. ...APPELLANTS

Versus

M/s Axis Bank Ltd. . .. RESPONDENT

MEMO OF PARTIES
IN THE MATTER OF:

1. Anand Kumar Sinha

S/o Braj Kishore Prasad
R/o Flat No. 1107
Tower No. B6, SRS Royal Hills
SRS City.Sector 87
Faridabad, Haryana 121002

2. Jyoji Sinha
W/o Anand Kumar Sinha
R/o Flat No. 1107
Tower No. B6, SRS Royal Hills
SRS City.Sector 87
Faridabad, Haryana 121002 ...... .APPELLANTS

Versus

M/s Axis Bank Ltd.

Registered Office at:

Retail Asset Center AXIS BANK LTO.
Himalaya House, UGF, 1st Floor
Kasturba Gandhi Marg, Connaught Place
New Delhi 110001

Corporate Office at:

Retail Asset Center AXIS BANK LTO.
Himalaya House, UGF, 1st Floor
Kasturba Gandhi Marg, Connaught Place
New Delhi 110001
..... RESPONDENT

Through ~ "~
(SEE~RMA,
SHARANYA MUKHERJEE, UTKARSH KUMAR)
Advocate for the Appellants
• LIST OF DATES AND EVENTS c
18.02.12 The Appellants applied for loan and the Respondent Bank had

sanctioned a home loan for an amount of Rs.21 ,00,000/- with

floating rate of interest.

31.03.23 During the year 2021 till March 2022, due to loss of business, the

Appellant defaulted in making timely payments of the EM Is and in

the process defaulted in total six EMI payments. The Appellant

however had been in regular touch with the Bank representative

and till 31.3.2022 made payments of three defaulted EM Is.

14.02.23 The Court of District Magistrate Fardiabad under the SARFAESI

Act, 2002 upon Application of the Bank vide Order dated 14.2.2023

was pleased to appoint the Receiver to take possession of the

mortgaged property of the Appellants. It may be stated that the

Appellants did not receive any notice under the SARFAESI Act,

2002 from the Bank of initiation of the process of recovery.

04.06.23 The aforesaid Respondent Bank's Notice dated 3.6.2023 alongwith

the above Court Order dated 14.2.2023 was pasted in the property

of the Appellant. It was only on 4.6.2023 that the Appellants came

to know about the aforesaid order and the notice of attachment. The

Appellant had not received any notice under Section 13(2) of

SARFAESI Act, 2002 as required under the law.

13.06.23 Hence the present Appeal.

 I
• BEFORE THE DEBT RECOVERY TRIBUNAL II - CHANDIGARH

S. A. No. _ _ _ of 2023

IN THE MATTER OF:

Anand Kumar Sinha & Anr. . ..APPELLANTS

Versus

M/s Axis Bank Ltd. . .. RESPONDENT

MEMORANDUM OF APPEAL/APPLICATION UNDER SECTION.17 (1)

OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002
READ WITH SECURITY INTEREST (ENFORCEMENT) RULES, 2002.

DETAILS OF APPEAL:

1. Particulars of the Appellants

(i) Names of the Appellants
1. Anand Kumar Sinha
2. Jyoti Sinha

(ii) Addresses of Appellants

1. Anand Kumar Sinha

S/o B~ fl "3 /<;.1-llrfORE f?/(/t-£fUJ
Rio Flat No. 1107
Tower No. 86, SRS Royal Hills
SRS City.Sector 87
Faridabad, Haryana 121002

2. Jyoyi Sinha
W/o Anand Kumar Sinha
Rio Flat No. 11 07
Tower No. 86, SRS Royal Hills
SRS City.Sector 87
Faridabad, Haryana 121002

(iii) Address for service of all notices:

, As above.

2. Particulars of the Respondent:

(i) Name of the Respondent:

M/s Axis Bank Ltd.

(ii) Office addresses of the Respondent:

Registered Office at:

Retail Asset Center AXIS BANK LTO.
Himalaya House, UGF, 151 Floor
Kasturba Gandhi Marg, Connaught Place
New Delhi 110001

Corporate Office at :
Retail Asset Center AXIS BANK LTO.
Himalaya House, UGF, 1st Floor
Kasturba Gandhi Marg, Connaught Place
New Delhi 110001

(iii) Address for service of all notices:

As above.

3. JURISDICTION OF THE TRIBUNAL:

Appellants declare that the matter of aforesaid appeal/application under

Section 17 (1) of the Securitization and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 amended from time to time

(hereinafter referred to as 'Act') falls within the jurisdiction of this Hon'ble

Tribunal. That this appeal is being filed as Appellants are aggrieved from

notice of Authorized Officer of Axis Bank Limited, Unnamed dated

03.06.2023 which was Pasted on the walls of the residential property of

the Appellants on 04.06.2023 and the Order dated 31.01.2023 passed by

Hon'ble Court of District Magistrate Faridabad, wherein it was mentioned

inter-alia to the effect that as the Hon'ble Court of District Magistrate

Faridabad in the matter of Axis Bank V/s Anand Kumar Sinha and Ors,
 3
the Tehsildar Faridabad as a Receiver shall be taking the physical

possession of the secured asset viz. Flat No. 11 07, 11th Floor, Tower B-

6, SRS Royal Hills, SRS City, Sector 87, Faridabad, Haryana 121002, and

handover the same to the Authorized Officer of the Respondent Bank as

per section 14 of the Act.

Being aggrieved by the said notice which is ultra vires to the settled

principles of the law, the Appellants have approached this Hon'ble Tribunal

for quashing of the said notice dated 03.06.2023 by the Respondent Bank

and said order dated 31.01.2023 passed by Hon'ble Court of District

Magistrate Faridabad which is illegal and in gross violation of law and

principles of natural justice.

The Appellants submit that the mortgaged Property viz. Flat No. 1107, 11 1h

Floor, Tower B-6, SRS Royal Hills, SRS City, Sector 87, Faridabad,

Haryana 121002, which is the subject matter of the present appeal falls

within the jurisdiction of this Hon'ble Tribunal. Accordingly, this Hon'ble

Tribunal holds territorial jurisdiction and even otherwise the aforesaid

matter falls within the pecuniary jurisdiction of this Hon'ble Tribunal.

4. LIMITATION:

Appellants further declare that the present appeal/application is well within

limitation as prescribed under Section 17 (1) of the Act read with

Enforcement of Security Interest rules framed there under.

That this appeal is being filed by Appellants being aggrieved by the notice

dated 03.06.2023 issued by Respondent Bank and order dated

31.01.2023 passed by the Hon'ble Court of District Magistrate Faridabad

which was pasted on the walls of the residential property, where

• Appellants are residing on 04.06.2023, wherein it was mentioned that the

inter-alia to the effect that as the borrower/guarantor have failed to repay

the amount, the Tehsildar Faridabad on 20.06.2023 shall take possession

of the property viz. Flat No. 1107, 11 1h Floor, Tower B-6, SRS Royal Hills,

SRS City, Sector87, Faridabad, Haryana 121002 and handoverthe same

to the authorized officer of the Respondent Bank in compliance of the

order dated 31.01.2023 passed by the Hon'ble Court of District Magistrate,

Faridabad, which is a gross misuse of the process of law and is liable to

be set aside as stated hereunder. A copy of the said notice dated

03.06.2023 and the order dated 14.02.2023 is annexed hereto as

ANNEXURE-A-1(Colly.). Hence the present appeal is well within the

period of limitation of the Act.

5. FACTS OF THE CASE:

I. That the Appellants herein had approached the Respondent Bank for

applying a home loan.

II. That the Respondent Bank thereafter vide loan agreement dated

18.02.2012 had sanctioned a home loan for an amount of

Rs.21 ,00,000/- with floating rate of interest.

Ill. That the Appellants had been repaying the EMI as fixed by the

Respondent timely till April 2020 wherein payment of the EMI was

defaulted by the Appellants due to financial constraints owing to

lockdown. However, in between the Appellants had requested the

Respondent Bank orally to grant some time and time and again paid

few instalments to avoid the coercion tactics employed by the

 5
Respondent Bank and sought further time for the remaining default

EM Is.

IV. That despite the aforesaid payment status of the Loan account and

despite being in talks with the Respondent for repayment of the default

instalments, without receipt of any notice under Section 13(2) of

SARFAESI Act, 2002, the Appellants, were shocked to see the

Respondent Bank's Notice dated 03.06.2023 pasted in his premises

on 04.06.2023 which was nothing but a result of haste and

unreasonable actions on the part of Respondent Bank. Upon perusal

of the above notice dated 03.06.2023, it was known by the Appellants

that the Respondent Bank had approached the concerned Court of

District Magistrate, Faridabad under the SARFAESI Act, 2002 without

issuing the initial notices to the Appellants and the Hon'ble OM,

Faridabad vide Order dated 14.02.2023 was pleased to appoint the

Receiver to take possession of the mortgaged property.

V. That the Respondent's representative had been assuring the Appellant

to advise him on making the payments towards the default instalments

and accordingly the Appellants continued paying the few installments

in parts from the Bank Account of the Appellant No.1, which had been

duly received by the Respondent. The Respondent Bank has also

issued letter dated 8.4.2022 certifying the amount received interest and

principal for the period 01.04.2022 to 31.3.2023. Copy of the letter

dated 9.5.2023 is annexed hereto as ANNEXURE-A-2.

 VI. That the impugned possession notice was more shocking for the

Appellants as though Respondent Bank on one hand had assured to

give the possible favor to the Appellants and on the other hand, at the

back of Appellants intending to initiate action against the Appellants

contrary to the principles of natural justice and that of fair play. It is

further stated that the Respondent had not issued any notice under

Section 13(4) of the Act and had directly approached the Court of

District Magistrate, Faridabad for appointment of Receiver for taking

the physical possession of the property of the Appellants. Thus, the

malafide on the part of Respondent Bank is apparent on a bare perusal

of the possession notice dated 3.6.2023. Further, the Respondent had

been receiving the payment of few instalments being made from time

to time.

VII. That the acts and omissions of the Respondent Bank is in total

contravention of the settled principles of law and/or by acting

mechanically and without application of mind. In this regard the

Respondent Bank has exceeded all the limits of public fairness.

VIII. That the act of the Bank as well as the possession notice is liable to be

quashed since the Bank has not followed the rules and regulations of

the SARFAESI Act and had acted in arbitrary manner.

IX. That the act of the Bank and its officials since very beginning is not fair

towards the account of the Appellants as stated herein above and the

financial institution such as Respondent Bank may not be allowed to

act in such an unfair and arbitrary manner.

• That in view of the aforesaid facts and circumstances, it is submitted

that the aforesaid action/s and/or inaction/s of the Respondent bank

are wholly illegal, untenable in law and are liable to be set- aside/

quashed, inter alia, on the following amongst other grounds :-

GROUNDS:

I. Because the issuing of notice under section 13 (4) of the Act is

mandatory and the bank has violated the provisions of the Act and in

view whereof the possession notice of the Receiver is bad in law and the

proceeding emanating therefrom are liable to be struck down and

deserves to be quashed.

II. Because it is a settled law that issuance of notice under Section 13 (4)

is a condition precedent for initiating any proceeding and/or action under

Act and in absence thereof the bank may not be allowed to proceed

under section 13 (4) of the Act, hence the act of the bank is ultra vires to

the settled principles of law.

Ill. Because the said possession notice dated 3.6.2023 is bad in law which

is evident from the fact that Respondent Bank is resorting to patent

manipulations.

IV. Because malafide of Respondent Bank is evident on a bare perusal of

the notice dated 3.6.2023 wherein Respondent knowingly and/or

ignoring the mandatory provisions of Section 13 (2) of the Act did not

mention and/or disclose the date on which the Account of Appellant were

classified as NPA, being a mandatory requirement of notice under

Section 13 (2) of the Act and in view thereof the notice dated 3.6.2023 is
 ex facie bad in law and in view of the same the action of the Respondent

Bank under section 13 (4) of the Act is liable to set aside.

V. The Respondent Bank has invoked the provisions of the Act, without

following the principles of natural justice, which is liable to be quashed in

view of the aforesaid facts and circumstances.

VI. Because bonafide on the part of the Appellants is evident from the fact

that the Respondent had been receiving the payment of instalments

being made from time to time. In view of the same the Respondent Bank

may not be allowed to take advantage of its own wrong, and the action

of the bank to ruin the dream project is liable to be quashed.

6. RELIEF SOUGHT:

In view of the facts mentioned herein above, the Appellants in interest of

justice reserving their right to make claims, against the bank and/or its

erring officials, pray for the following reliefs:

A. AdmiUallow the appeal/application of Appellants;

B. Declare the possession notice dated 3.6.2023 issued by the Respondent

Bank which was Pasted on the walls of the residential property of the

Appellants on 4.6.2023, wherein it was mentioned inter-alia to the effect

that as the borrower have failed to repay the amount, the Court Appointed

Receiver, Tehsildar, Faridabad will be taking the physical possession of

the secured asset viz. Flat No. 1107, 11th Floor, Tower B-6, SRS Royal

Hills, SRS City, Sector 87, Faridabad, Haryana 121002, in exercise of

powers conferred on him under Section 13 (4) of the Act read with rule 8

of the said rules on 20.6.2023 of Respondent as illegal and void;

C) Award cost of the present proceedings for and in favour of the Appellants
1
and against the Respondent Bank;

D) Pass any such further order(s), direction(s) and/or relief(s) as this Hon'ble

Tribunal may deems fit and proper in the facts and circumstances of the

case.

7. INTERIM ORDER:

Pending final decision on the appeal, under the aforesaid facts and

circumstances the Appellant seeks issuance of following interim orders on

the following grounds:-

A) In case, an ad-interim relief as prayed for is not granted, the

Respondent shall take steps to take physical possession of the

aforesaid properties or take steps to sell the same and Appellant/s

shall needlessly suffer, which shall cause an irreparable loss and injury

to them. In such circumstances, interim relief, as mentioned hereunder

may kindly be granted in the interest of justice. Appellants have no

intention to sell, transfer or assign the said properties in any manner

whatsoever.

B) Prima facie, as has been submitted, Appellants have a very strong

case, which is likely to be accepted. The Respondent have not issued

notice under Section 13(4) of the Act.

C) The Respondent Bank's Notice dated 3.6.2023 is illegal, untenable in

law and the same are liable to be struck down.

D) The balance of convenience is also in favour of the Appellants and

against the Respondent. Irreparable loss and injury would be caused

to the Appellants in case the Respondent is not restrained from

 /0
proceeding ahead in pursuance of their notices referred to above. In

case an ad-interim relief is not granted, even the appeal, which has

been filed, may become infructuous. Respondent even otherwise has

not at all acted in accordance with the law as stated hereinabove.

INTERIM PRAYER:

A. Restrain the Respondent, their authorized employees, agents,

servants, attorneys from taking any action in terms of their notices.

They also be restrained from taking any action possession or taking

any step or to deal in any manner whatsoever pursuant to their

possession notice dated 3.6.2023 till the final disposal of this appeal;

B. Pass appropriate order/direction, directing the Respondent not to

initiate any measures against the AppellanUs or their propertylies under

the Securitization Act till the disposal of this appeal.

8. MATTER NOT PENDING WITH ANY OTHER COURT:

Appellant further declares that the matter regarding which this appeal has

been made is not pending before any court of law or any other Authority

or any other Tribunal.

9. PARTICULARS OF THE BANK DRAFT/POSTAL ORDER IN RESPECT

OF THE APPLICATION FEE:

i. Name of the Bank on which drawn: _____ Bank, _ _ _ __

Branch _ _ _ __
 (I
ii. Bank Draft No. _ _ _ dated _ _ _ _ of Rs. _ _ _ _ _ in favour

of Registrar DRT Chandigarh- II.

10. Details of Index:

An index in duplicate containing the details of the documents to be relied

upon is enclosed.

11. List of Enclosures:

As per Index.

APPELLANTS

Through

w
(SEEMA SHARMA)
Advocate for the Appellants
D-31, Jangpura Extn. New Delhi 14
Enlr: D/2456/99
Ph:9818296378
Email : seemasharma7 4@gmail.com
Dated:

13{ G(c(D~3
 BEFORE THE DEBT RECOVERY TRIBUNAL II - CHANDIGARH
!cl
S. A. No. _ _ _ of 2023

IN THE MATTER OF:

Anand Kumar Sinha & Anr. . ..APPELLANTS

Versus

M/s Axis Bank Ltd. . .. RESPONDENT

AFFIDAVIT

I, Anand Kumar Sinha, S/o Braj Kishore Prasad, aged about 44 years, presently
at Delhi, R/o Flat No. 1107, Tower No. 86, SRS Royal Hills, SRS City, Sector 87
~ Faridabad, Haryana 121002 , do hereby solemnly affirm and declare, on oath, as

(e~ « I;~~ndle:~
' ~e'~'~ ?Ji2.r. ....ftJ
the Appellant No. 1 in the above Securitization appeal and is fully
'\.'-Q '\!:l.'Z.- ,v.~/ conversant with the facts of the case and in a position to depose the same.
"-- 0 vt o\ -;/
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NOTARIAL
2. I say that the facts contained in the accompanying application/appeal under
Section 17 of the Securitization Act has been read and have been understood
by the deponent. The deponent also declares that the said statements of facts
are true to his knowledge based on information and legal advice.
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'-~=:-::::--r, the above named deponent do hereby solemnly affirm and verify that all facts
stated hereinabove are true to my knowledge; no part of it is false and nothing is
concealed or suppressed therein.

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Verifie9_~~----- on this _ _ day of _ _ _ , 2023.
~~ ~fMifiEO THATTHE CONTENTS EXPLAINED TO TMt
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, _.-....' t!EPONEHTIEXECUTAm 'NHo 1s SEEMED PERFECTlY ro

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2023
 BEFORE THE DEBT RECOVERY TRIBUNAL II - CHANDIGARH
(3
S. A. No. _ _ _ of 2023

IN THE MATTER OF:

Anand Kumar Sinha & Anr. . ..APPELLANTS

Versus

M/s Axis Bank Ltd. . .. RESPONDENT

~.'r~:.:::<·~~..
~~~:...", v_,r..)'C'?-. il \
AFFIDAVIT

\~·~~~~ ·-~{Jyoti Sinha, W/o Anand Kumar Sinha, aged about 41 years, presently at Delhi,
~ Q -~ >(,~'o Flat No. 1107, Tower No. 86, SRS Royal Hills, SRS City, Sector 87,
~Q~ ., .>T
">:; ...

~~\.:.-;/Faridabad, Haryana 121002 do hereby solemnly affirm and declare, on oath, as

under:-
NOTARIAL

1. I am the Appellant No.2 in the above Securitization appeal and is fully

conversant with the facts of the case and in a position to depose the same.

2. I say that the facts contained in the accompanying application/appeal under

!L /~~-)L6~.~.
Section 17 of the Securitization Act has been read and have been understood
~~h y'\\ ;· by the deponent. The deponent also declares that the said statements of facts
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0 "'so':- C?.~;.;u:'y,.., ~J'' are true to her knowledge based on information and legal advice.
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I.. U4 .. \ DEPONENT
VERIFICATION:
I, the above named deponent do hereby solemnly affirm and verify that all facts
stated hereinabove are true to my knowledge; no part of it is false and nothing is
concealed or suppressed therein.

Verit;.Joi
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 NOTICE
1:. ' o: l.p.:. t: , ,. 111 11:1 !1 : r: ,t t 't , : : /() / !Cl},j j .1 St '(: il' :l,r· f!n:l''dt•
c·.,IJ: 1 ,,f ' t: ...., l tt l ~ \: .lt'.t 'I a ', ·.t: :<! .l ·,, ,rJ 11 :~ , . it t.t . , •• · ~· Axis Bank

V / s Anand Kumar Sinha and Ors trl lf "} ,., n! u !Ju\\'' : 1 ' p;·rlJ t' l t·.,
lw Tc·h 1 c!; n J .. fl \c ·d •..Zo -!~ .J~ne. )( J2 ~ J[ ' 11: .t ll\'
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- d.t•:.
1l.c·ll'c t1 t 'l, l et! t . tktn!!, po ·sc · ~SlO! nl l}lt' fo!l~ l\\ ll!~ rn r rf L'olt!r·d

pr•lfW l \ '. !. .\ u I Ol : ~c ·d nfl wc·l uf Axis Bank Limited :w r·h gn c·

tlll lt'( ' t ll .lt 1111 l he · Uank \\'tH l ld lw t~lkltlg pnsst 'SSitH1 •Jf •rw . . . ud
11101 g . .l~c · d p: npt·J1\' on nr on a n\' d:t\' afte-r .{o.!t; ...Jun .!tJ2. •

Tlw ••tTupants flf .111~ 1 m thl' IJ,·J"w nwtttiorwd prop Tl)' .ulf.
horrnwct s / 1 Uarantor:-, mongagu1san· lwrcbr dn-~r l c· d '" \·:watt· tlw
-.aid J>TilpCrt} for 1akm~ p ·acdul pos~r ssinn hy tlw u nckr~ign~<i on
hl' saul rl;ttt· .

DetaU. of Immovable Property _ _

• ALL THAT PIECE AND PARCEL OF THE PROPERTY FLAT NO.
1107, 11 nt FLOOR, TOWER- 8-6, SRS ROYAL HILLS, SRS
CITY, SECTOR ·87, BEING PART OF GROUP HOUSING
SOCIETY, FARJDABAD, HARYANA - 12100.

Aurhon (' ~ t •!fict·r

Axis Bapk ~im ited
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'opv tw
nt·ct·ss~-tl! .tt tinn _

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 (5
-
'
NOTICE

In compliance to order dated 14/02/2023 passed by the Hon'ble Court of District

Magistrate Faridabad in the matter of Axis Bank V/s Anand Kumar Sinha and
ors in respect of the following property, the Tehsildar has fixed 20th June, 2023 or
on any day thereafter, for taking possession of the following mortgaged property. I,
Authorized officer Axis Bank Limited hereby gave notice that on the Bank would
be taking possession of the said mortgaged property on or any day after 20th June
2023.

The occupants (if any) in the below mentioned property and borrowers/ guarantors/
mortgagors are hereby directed to vacate the said property for taking peaceful
possession by the undersigned on the said date.

Details of the Immovable Property

• ALL THAT PIECE AND PARCEL OF THE PROPERTY FLAT NO.

1107, 11TH FLOOR, TOWER- B-6, SRS ROYAL HILLS, SRS CITY
SECTOR- 87, BEING PART OF GROUP HOUSING SOCIETY,
FARIDABAD, HARYANA- 12100

Authorized Officer
Axis Bank Limited

Dated: 3 June 2023

Copy to: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , Faridabad for information
and necessary action.
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 ...

,. 1121 Z<;z_-z_ 16
. .!Mit of lb. fti•IAS. PM! It& ........... Elfldlbld.
C.. No.17218ARFAE81 ACTIIM-GWOU
Decided on: 31-ctl-2023
AXIS Bank Lid•• R.... Asset Cern AXIS Bank Ud. tlmalaya Houle
OOF, 1• Floor Kaltulha Gandhi a..g, ConnaUght P11ce New o.lhl-
110001.
······~
1. AMnd 1<\.mw Sinha Rio H.No.-1031, Sec-28, Farldabad. ~
121008.
Alao At:· Fl8t No.1107, Tower No.B8, SRS Royal Hlllt, SRS City,
Sec-87, Flltdabad, Halyana-121002
2. Jyoti Sinha Rio H.No.1031, Sec-29. Farklabad, Haryana-121008.
Alao At:· Flat No.1107, Tower No.B8, SRS Royal Hila, SRS City,
S~7.Farldabad.H~121002.
. ..... Ft~itl
APPLICATION UNDER SECTION-14 OF THE SECURmSATION AND
REC'*STRUCTION Of FINANaAL ASSETS AND ENFORCEMENT
OF SECURITY INTEREST ACT. 2002 FOR ASSISTANCE IN TAIONG
POSSESSION OF SECURED ASSET MORTGAGED BY THE
...
RESPONDENT WITH THE HELP OF LOCAL POUCE.

Pr11ent 8mt. RMtu ..... Advocate, for tt.e App!tcP.nt Bank

None for . . Rlaponclenta.
Order
An applcdon lftler Seadalion and RecrJnllrUdlon of FNndal
Aueta lnd Enfon:ement cf Security .,..,. Ad. 2002 - been moved by
aeand aecltor AXIS Benk Ltd., throUgh Ill AuiMwtzed Olficer for lllldrG
posa...lon r1 secued • • • rl d.,._. bono~uarwdor. as menloned In
eh _,.CIIIon
of aeand aecllor.
The epplicelll AXIS S.nk IJIL. throUgh Ia aUihorlzed ()fftcet. on .,
affidevtt . . aubmltted that compliance d eo day& notice Issued under IK1icJn
13(2) a compliance of rule 3 of the said IICt ~ this regent haa been rMdl .net
the said bonciiJidgulllldor Ml failed to depollt the arnowd.
W16r perue1ng . . c~e~a• p.. c... on 1M tie, I Ia .......... that
cte.plta .._..,.. oppcwtu1tll1a, none.., 11red In thla--.
Now In . . . . . of power contened under MdtOn 14 of the ukl Ad.
I am Ulllfted i.t
e. IIQI'ed cndlor-AuthoriZed Olllcer ie entitled to take
~ ~ uid ...... end documen11 • mentioned In the application under
ru1e 14 (1) or the seculllzdon anct Rec:cnnucuon ot A1Mclal AsMta and
~ cf Secuttty .,,..... ~. 2002.
The Property ofwhlch potlllllon .... to be t8ken iadetaited ~-
IAU.---=THA:--T-Piece··ANDPARCEL, FLAT N0:;107, 11 TH Fi:OOR. TOWER_·-~
I 8-1, IR8 ROYAL HLLI, SRS CITY, SECTOR-17,
i HARYANA-12100, BEING PART Of~~ HQUSING. SOCETY.
_r-
7t1'4 e {_o fJ
 11
The Tellallclar FarldabiMI II appoi'tted aa Recetver to take over the
poa18181on cl eecurad 8888tslmortgaged property In the named lh. Anand
Kumlr Sinha 1nd Jyotl Sinha lhe receiver Is permitted to break open the lock of
the aboVe aald property, If the pranltea Is found locked and take over the
poeaeaaton after tnakktg the vtdeo-graphy and an lrwentory of the goode lying in
the above said property. as per llw. The aame may be handed over to the
Secured Cndtor/ Authorized Offtcer, AXIS Bank Ltd., aa per the Securftlzatjon
and Reconstruction of Financial Assets and Entorcament of Security fnta'eat Act.
2002. Durtng thla course, tf any. order passed by the Debts Recovery Tribunal or
any other competent court Ia produced In respect of Secured Assets that may be
CQII1Jiied, acconlnQiy wlthi1 the legal tame work &ambit of taw.
F\lther In exerdse the powers corlerred upon District Magfatraf8
Ula 22(1) 23(il) code of criminal pnJCedura, 1873 Tehalldar Farldablcl is

,....ion
appall ated aa Duty Magistrate to maintain taw & order during the taking of physical
of the . . . .
Comrni88ioner ~ PolcB. F~ to piOYide adequ8le polce
..astanc:e to the 1lUthorized Ofllcarlracetver. dwlng'the process of taking physical
I)'WI818ion d the eaid I8Qir8 -eta. . ·. "\
Compliance NPOtt be ....t to thla ollce. ~\
· · Dis M&Qpnte.
F .
. Endat. No.~~-~1 PB ·· · ~ 14.1--11 ',2....· ~
A copy 111 bw8rded to lh8 following for lltformatlon and neceeaary ac:tion:-
1. CommiiJlo.-.- of Pollee, F.td~~Nd. .
2. "1;8hhllw F..tdabed.
YAXIS 8ank Ud.• Retal Allet Centre AXJS Blink ltd. H~s Hoose
UGF, f' floor Kasturba G~ Marg, Connaught Place New Delhi-
110001. .
for~.
f~.
 The Court of Sh. Vikram. lAS. District Magistrate, Faridabad.

Case No.172/SARF AESI ACT/04-08-2022

Decided on: 31-01-2023

AXIS Bank Ltd., Retail Asset Centre AXIS Bank Ltd. Himalaya House UGF, 1
Floor Kasturba Gandhi Marg, Connaught Place New Delhi- 110001 .

...... Applicant

1. Anand Kumar Sinha Rio H.No.-1031, Sec-29, Faridabad, Haryana- 121008.

Also At:- Flat No.1107, Tower No.86, SRS Royal Hills, SRS City. Sec-87,
Faridabad, Haryana-121 002
2. Jyoti Sinha Rio H.No.1031, Sec-29, Faridabad, Haryana-121008.
Also At-Flat No.1107, Tower No.88, SRS Royal Hills, SRS City, Sec-87,
Faridabad, Haryana-121002.

.....Respondents

APPLICATION UNDER SECTION-14 OF THE SECURITISATION AND

RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT, 2002 FOR ASSISTANCE IN TAKING
POSSESSION OF SECURED ASSET MORTGAGED BY THE
RESPONDENT WITH THE HELP OF LOCAL POLICE.

Present Smt Renu Bala, Advocate, for the Applicant Bank

None for the Respondents.

Order
 11
" An application under Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 has been moved by secured
creditor AXIS Bank Ltd., through Its Authorized Officer for taking possession of
secured assets of defaulter borrower/guarantor, as mentioned in the application of
secured creditor.

The applicant AXIS Bank Ltd., through its authorized Officer, on an

affidavit has submitted that compliance of 60 days' notice issued under section
13(2) and compliance of rule 3 of the said act in this regard has been made and the
said borrower/guarantor has failed to deposit the amount.

While perusing the details placed on the file, It is gathered that despite
adequate opportunities, none appeared in this case.

Now, in exercise of power conferred under section 14 of the said Act. I

am satisfied that the secured creditor-Authorized Officer is entitled to take
possession of said assets and documents as mentioned in the application under rule
14 ( 1) of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.

The Property of which possession has to be taken is detailed below:-

ALL THAT PIECE AND PARCEL, FLAT NO.l107, 11 TH FLOOR, TOWER-

B-6, SRS ROYAL HILLS, SRS CITY, SECTOR-87, FARIDABAD HARYANA-
12100, BEING PART OF GROUP HOUSING SOCIETY.

The Tehsildar Faridabad is appointed as Receiver to take over the

possession of secured assets/mortgaged property in the name of Sh. Anand kumar
Sinha and Jyoti Sinha the receiver is permitted to break open the lock of the above
said property, If the premises is found locked and take over the possession after
making the video-graphy and an Inventory of the goods lying in the above said
property, as per law. The same may be handed over to the Secured Creditor/
Authorized Officer, AXIS Bank Lid., as per the Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest Act. 2002. During this
course, if any, order passed by the Debts Recovery Tribunal or any other
competent court is produced in respect of Secured Assets that may be complied,
accordingly within the legal frame work & ambit of law.
 Further in exercise the powers conferred upon District Magistrate U/s
22(1) 23(1) code of criminal procedure, 1973 Tehsildar Faridabad is appointed as
Duty Magistrate to maintain law & order during the taking of physical possession
ofthe assets.

Commissioner of Police, Faridabad to provide adequate police assistance

to the authorized officer/receiver, during the process of taking physical possession
of the said secure assets.

Compliance report be sent to this office.

District Magistrate
Faridabad

Endst. No. 5477-79/ PB Dated: 14-02-2023

A copy is forwarded to the following for information and necessary action:-

1. Commissioner of Police, Faridabad
2. Tehsildar Faridabad
3. AXIS Bank Ltd., Retail Asset Centre AXIS Centre Bank Ltd. Himalaya
House UGF, 1ST Floor Kasturba Gandhi Marg, Connaught Place New Delhi-
110001.

For District Magistrate

Faridabad
 A-:1 d!
INTEREST CERTIFICATE
J..AXIS BANK
[--- Agreement Number :

PHR012600442795
Date :
May 9, 2023
--- -]
-~

ANAND KUMAR SINHA Customer 10 843277357

Registered Address : FLAT 110711TH FLOOR TOWER-B-6 Registered Mobile No 9811758809
SRS ROYAL HILLS SECTOR-87 FARIDABAD FARIDABAD
HARYANA FARIDABAD HARYANA INDIA- 121001 Email j .anand.s@gmail .com
Loan Sanctioned Rs 22 ,06 ,600.00

ACTUAL STATEMENT OF HOME LOAN FOR CLAIMING DEDUCTIONS UNDER SECTION 80(C) AND 24(b) OF THE INCOME TAX ACT,
1961 FOR THE PERIOD 01 APR 2022 TO 31 MAR 2023
Co Applicants Name(s) : MS. JYOTI SINHA

TO WHOMSOEVER IT MAY CONCERN

This is to state that ANAND KUMAR SINHA. Loan Account Number PHR012600442795 has been granted a housing loan of Rs
22 ,06 ,600.00 for purchase of the following residential property:

FLAT 110711TH FLOOR TOWER-B-6 SRS ROYAL HILLS SECTOR-87 FARIDABAD FARIDABAD HARYANA
INDIA - 121001

The above loan is repayable in Equated Monthly Installments (EM Is) comprising of the principal and the interest.
The breakup of this amount into principal and interest is as follows :-

Paid from 01/04/2022 to 31/03/2023 --l

................................ ~.~~-~-~-~.P..~~...(~.~...~~-~l. ................................-............................................... !3:~.: ..~.!.9.~.?.:.99................................................
........................... .... }.~~-~r..~~-~.J.~.~- -~~-~).................................................................................~.~ .: ...~.?. ..?..~~.:.9.9..............................................
......................................!.~.~.~.t .t~.~... ~~.:J .......................................-............................................. ~~.: ..?..1.!.~.?.9.:.9.9..............................................
Please Note :
1) The total amount paid towards Principal and/or Interest in said Financial Year is inclusive of
Pre EMI
Payment received against said Financial Year's instalment dues
Payment received against said Financial Year's or against any previous Financial Year's instalment dues
Principal repayment done against outstanding Principal in said Financial Year
2) Deductions under section 24(b) of the Income Tax Act 1961 with respect to the interest on the borrowed principal amount
& under section 80C of the Income Tax 1961 with respect to the principal amount can be claimed subject to the fulfilment
of conditions prescribed therein .
3) The PAN and Registered Office Address of Axis Bank Ltd are as under:
a) PAN NUMBER : AAACU2414K
b) Registered Office : Axis Bank Limited, TRISHUL, Third Floor. Opp. Samartheshwar Temple, Nr. Law Garden ,
Ellisbridge, Ahmedabad- 380 006

ATTENTION: It Is sole responsibility of borrower/s to claim rebate under Income Tax Act by declaring the
principal repayment. Kindly verify principal repayment amount repaid, while claiming the same for IT
purpose.
Sincerely ,

-.
Axis Bank Ltd.

For the list of Loan Centres , Log on to www.axisbank.com >Go to Contact us> Select Locate Us> Select Loan Centre

Call us on 1860-419-5555 /1860-500-5555

Write us on at axisbank.com/support
(Local charges applicable) or 18001035577 (toll-free)
 IN THE COURT OF ••/.H.£. ]).£.8.T...t.£.C~.V.t;g.r_ . :t:&1.8.1)..NII L If-
VAKALATNAMA
CHFtN.../J! C,f!R If
SA
Suit /Appeal/ Pet. No. _ _ _of 2023

In re: -
ANAN.b l<UM)9R 8tN/!A .z_ ANR. PlffJApplt./Petitioner

I~ VERSUS
{'10 AXI.S ,fifl;Vk L!J>. Defnt./Respondent.

~~~-~-~~-~~~-~-~~~~-~~-~~~~...A .NilA.LD...K .v.MBR....SLN..!I/.J...~AtVtf.

fueabove named .....fj.I?.I?..E .~.LA .N.TS ......................................................................do
ltereby appoint

SEEMA SHARMA
VERSATillS LEGAL LLP
(Enrolment No. 012456199)
Ch. No. 241, New Lawyers Chamber, Supreme Court, New Delhi
Off: D-31, LGF. Jungpura Extension, New Delhi
,.. ,' 1 •I\ Ph: 9818296378,8818818337
E~ "'-i-f · -7 :V ~ eeiYJqsAOfrfwtq 9lf liJ ~all. Co~
(herein after called the advocate/s) to be my/our Advocate in the~~noted ease authorize her/him:-
To act, appear and plead in lhe above-noled case in this Court or in any olher Court in which the same may be tried or heard
and also in the Appellate Court incfUiftng H'tgh Court subject to payment of fees separately for each oourt by melus.
To sign, file verify and present plead'mgs, appeals cross-objections or Petitions for execution review, revision, Withdrawal,
compromise or other Petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said
case in aR its stages.
To file and lake back documents to admit and/or deny lhe documents of ()OC)()Sjte I'Brtv.
To_withdraw or.compromise the said case or submit to arbib> q- f
~- ·· ~ e . . ><£'8 y arise touching or in any
manner relating to the said case. ~ ~ l<t ru 0 .S)': ~rt.~25
04
To lake exewlion proceedinps. . -"~>~ -:f~ .
To deposit, draw and receive money, cheques, cash and g( 0465066 :fs and things which may
be necessary to be done b' the progress and in 1he cowse of the~
To appoint and instruct any other legal Practitioner. aulhoriZ .., _. . TW•••vflv• ·~···~, U ~ty hereby conferred upon
the Ad'o'OCate whenever he may think fit lo do so and to sign the Powe: ~
And II We the und~ do hereby agree to ratify and cc •. • • • . . • • • • • • • ,.J. ........
~ ~ -~ ~...........,. ..s substitute in 1he matter
as myloor own ads, as if done by me/us fo all intents and purposes.
And Wle the undertake that II We or my/ Out- duly authorized agent would appear in the Court on aH hearings and wiH inform
the Advocate for appearance when the case is called.
And II We undersigned do hereby agree not to hold the Advocate or his substitu1e responsible fQr 1he result of the said case.
The Adjournment costs whenever ordered by the Coort shall be of the Advocate which he shall receive and relain himself.
And U We the tA1dersigned do hereby agree that in lte event of the whole or part of the fee agreed by mefus to be paid lo the
Advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case unbl the same is paid up. The fee settled
is only for lhe above case and above Court. II We hereby agree that once the fee is paid. II We wiD not be entitled for the refund of the
same in any case whatsoever.
...
by me/us!! ~~~~r.~~~~~~~e~-~~~hand to these presents the contents of which have been understand

Accep~
·ect to the terms of fees. •u _)", .
- - ~rma),
(See a (Rekha Sharma), (Sharanya Mukherjee), (Utkarsh Kumar),
0u~,..~

(Prashant Kumar),(Sujata Nath), (Shalini Thakur)

Advocates.

c 1...16r11.5
~M~(ADv.)