This Special Power of Attorney is executed at Dubai, UAE, on
this __ day of January 2023 by MR. IMAM KAISAR (passport no – Z2493014) S/O MR. FAZLUR REHMAN R/O AJMAL INTERENATIONAL, 27TH FLOOR, ONE BY OM NIYAT BUILDING, BUSINESS BAY, DUBAI, U.A.E. PERMANENT R/O WARD NO. 11, OPP. MADAN MOHAN ADVOCATE, VIP MOHALLA, MADHEPURA, BIHAR-852113, (hereinafter called “the EXECUTANT”) do hereby nominate, constitute and appoint MR. IRFAN ALI S/O BANNERI KHAN R/O 268/2, FIRST FLOOR, GALI NO.11, RAMESH PARK, LAXMI NAGAR, SHAKARPUR BARAMAD, SHAKAR PUR, EAST DELHI-110092 (hereinafter called “the SPECIAL ATTORNEY”)
Whereas the executant is the true and absolute owner
and in possession of a Flat bearing No. TF-4, Second Floor, Rear Side, MIG, Plot No.3/32, Block-3, Sector-5, Rajinder Nagar, Ghaziabad, Uttar Pradesh-201005 (hereinafter referred to as “the said flat”) having purchased the same by virtue of a registered sale deed having registration no. 10610, Book No.0101 registered on dated 19.09.2012 from its erstwhile owner Smt. Satyawati w/o Shri Krishan and since then the executant is in its actual physical possession.
And whereas on 25.12.2022 the security guard of the
building informed the Executant about pasting of the notice dated 20.12.2022 in which, the notice addressed to Shri Anil Kumar and his wife Smt. Sonika had pledged the said flat to Can Fin Homes Ltd. DDA Building, 1st Floor, Nehru Place, New Delhi-110019 and a sum of Rs.24,7,197.00 is due and outstanding against them.
And whereas the Executant had never taken any loan
from the Can Fin Homes Ltd. and he is absolutely stranger to the alleged Anil Kumar and his wife Sonika.
And whereas the executants is based in Dubai (U.A.E.)
and is unable to frequently appear and attend the court proceedings diligently and the Executant hereby appoints, nominates and constitutes the above named Attorney as his Special Attorney to do the necessary acts, deeds and things in respect of the said flat.
NOW THIS SPA WITNESSETH AS UNDER:-
1. To appoint any Advocate/ pleader/ counsel regarding
filing of the civil suit against those who are trying to take possession, attachment, dispose off the said flat against the consent of the executant.
2. To initiate civil, criminal proceedings against the
persons who wants to grab the said flat and shall take all appropriate steps required by law on behalf of executant.
3. To sign, verify and file and appear before the court/
Debt Recovery Tribunal, in order to protect the said flat from any attachment.
4. To sign, verify and file any application, plaint, petition,
review petition, written statement, rejoinder, affidavit of evidence and appear as witness in the witness box, if required.
4. To appear before the Hon’ble Court or tribunal and to
file documents, applications, revision, appeal, etc. and make statement on oath by way of affidavit in support of the same on my behalf and to comply with all the formalities. 5. To appear before the concerned Metropolitan Magistrate, District & Sessions Judge and Hon’ble High Court of UP.
6. To apply for inspection and inspect documents and
record to obtain copy of documents and papers.
7. To make statement, compromise, withdraw or settle
the connected matter/appeal/revision etc. if so required.
And to do all other acts and things which may be
required in connection with the said flat.
The executant do hereby ratifies and confirm all the
acts/ deeds and things including omission and commission thus done or cause to be done by the said Attorney and the same shall have effect as if executed by the Executant in person and shall be binding upon the Executant, in all respect.
In witness whereof the Executant has set and subscribed his
name and signature to this deed of Special Power of Attorney on this day, month and year first above mentioned in presence of the witnesses.
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips