BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

INTERIM APPLICATION NO. ____ OF 2020

IN
SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 01

Mr. Satish Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 02

--Versus--
DEFENDANTS:-
1. Orix Leasing and Financial Services
India Limited
Office at: Plot No. 94, Marol Co-Operative
Industrial Estate, Andheri Kurla Road,
Andheri East, Mumbai – 400 059
 2. Kurar Police Station
Through the Inspector in Charge
Kurar, Ambewadi, Malad East,
Mumbai 400 097
3. Swapnakiran Co-Operative Housing
Society
Through its Chairman,
Pimpri Pada, Malad East, Mumbai – 400
097
…Defendants

APPLICATION FOR INTERM RELIEF FOR STAY:

1. That, the Applicants are joint owners of the premise, i.e. Shop

No.12, Swapnakiran CHS, Pimpripada, Malad (East), Mumbai

– 400 097 (hereinafter referred to as the “subject premises” or

“premises” for the sake of convenience), purchased from one,

Mr. Kuldeep Giri and Mrs. Rupa Giri by entering in to

registered agreement dated July 31, 2019.

2. That the Defendant No. 01 is a NBFC, a subsidiary company

of M/s. ORIX Corporation, a publicly owned international

financial services company, having its Registered Office at the

address as mentioned in the cause title of the Appeal. The

Defendant No. 02 is the Kurar Police Station, who has issued

a letter dated October 12, 2019, and March 16, 2021 to the

Defendant No. 03 society stating that the subject premises

cannot be transferred or encumbered in any way and as such

is a necessary party to the present proceeding. The Defendant

 No. 03 is the Society within which the subject premises is

located and is the society which is unwilling to issue the

“Conditional NoC” to the bankers of the Applicant for obtaining

loan, and as such is a necessary party to the present

proceeding.

3. In the Month of December 2018, the said Mr. Kuldeep Giri

(hereinafter referred to as “Mr. Giri” for the sake of brevity) had

approached the father of the Applicants, Mr. Narendra Pratap

Singh, for entering into discussions for the sale of the

premises. That after discussions, the sale price of the

premises was agreed at price of Rs. 70,00,000 (hereinafter

the “Sale Value”).

4. The Applicants have paid an amount of Rs. 10,00,000/-

(Rupees Ten Lacs only), through cheque bearing No. 013110,

drawn from ICICI Bank of the Applicants No. 01, dated

December 28, 2018 to Mr. Kuldeep Giri, as advance towards

the satisfaction of the sale value of the premises.

5. As the Applicants No. 01 was in continuous communication

with the said Mr. Giri, the said Applicants sought one-year

time for the remaining amount of the Sale Value to be

transferred, and the same was agreed by Mr. Giri.

6. However, in the month of July 2019, the said Mr. Giri started

insisting about effectuating the sale of the premises and

further informed the Applicants that the premise has been

mortgaged with the Defendant No. 1. That upon further

 enquiry, the Applicants were shocked to hear that the said Mr.

Giri has taken a loan of Rs. 60,00,000/- (Rupees Sixty Lakh

only) from the Defendant in the month of February 2019 and

has mortgaged the premises with the Defendant, whilst

engaging into its sale with the Applicants.

7. That as the sale of the premise was being expedited on the

continued insistence of the said Mr. Giri, the Applicants

decided to avail loan of Rs. 50 Lakhs from NKGSB Bank, the

bankers of the Applicants and a cheque (vide Cheque No.

035249 dated July 30, 2019) of Rs. 9,30,000/- was issued by

the Applicants No. 02 to Mr. Giri and further an amount Rs.

70,000/- was retained by the Applicants No. 01 as the said

amount was due and payable as TDS (noted at Para 04 of the

Agreement for Sale at Annexure – A).

8. Be that as it may, as the Applicants have already made

advance payments towards the Sale Value of the premises,

the Applicants proceeded in registering the Agreement for

Sale, dated July 31, 2019, of the premises. That vide Para 07

of the said Agreement for Sale dated July 31, 2019, the

encumbrance of the Defendant has been duly mentioned.

That the Applicants have paid Rs. 4,66,700/- as the Stamp

Duty for the purchase of the premises.

9. However, the said Mr. Giri returned the said cheque of Rs.

9,30,000/- to the Applicants, stating that the Applicants have

to pay the full outstanding loan amount of Rs. 60,00,000/-

 directly to the Defendant No. 01 to be able to release the

property papers. The Applicants were agreeable to the new

arrangement and decided that Rs. 60,00,000 (inclusive of

TDS) would be directly paid to the Defendant No. 01.

10. That further, a registered Power of Attorney, dated August 28,

2019, was entered by and between Mr. Giri & Mrs. Rupa Giri

and Applicants herein, upon the advice of the Defendant no.1,

as Mr. Giri wanted to visit his native place for 10-15 days, to

attain some ritual and to do a property related transaction in

Uttar Pradesh and that the original documents of the premises

could be handed over to the Applicants in the absence of Mr.

Giri.

11. On August 26, 2019, NKGSB Bank sought for a “Conditional

NOC”, which was to be obtained from “Swapnakiran Co-

Operative Housing Society” (hereinafter the “Society” for the

sake of brevity), the society, wherein, the premise is located.

The format of the “Conditional NOC” format was provided to

Mr. Ramashanker Singh, Manager of the Society (the

“Manager”) on August 27, 2019 along the necessary

documents, including copies of the registered Agreement for

Sale dated July 31, 2019, share transfer forms and other

important documents by Mr. Giri.

12. That additionally, a cheque of Rs. 13,100/- (Cheque No.

712334, dated August 27, 2019) by the Applicants No. 01 and

Rs. 13,100/- from Mr. Giri was provided to the said Manager of
 the Society towards the Share Transfer and Membership fees

and encashed as per the direction of the manager of the

society as it is pre requesit condition before issuing

“Conditional NOC”. However, inspite of all necessary and

statutory payments being and depositing all relevant

documents with the Society, the “Conditional NOC” was not

provided.

13. To the utter shock of the Applicants, on September 01, 2019,

at around 1 p.m., unknown miscreants attempted to forcefully

enter into the premises, which was fortunately locked at the

time. Amidst the commotion, the Applicants was informed that

said Mr. Kuldeep Giri and his entire family, were absconding.

14. In the melee and utter commotion, the Applicants immediately

called the Police force by dialling 100, and upon their arrival,

the force cleared the crowd and asked the Applicant No. 01 to

come with them to the Kurar Police Station, Malad (East) (the

Defendant No. 02) for enquiry.

15. That the entire narration with regards the purchase of the said

premises was done to the police officer and all the concerned

documents were duly shown to prove genuine and bonafide

purchase of the said premises.

16. The absconding of Mr. Giri was promptly informed to the

Defendant No. 01 by the Applicant No. 01 on September 03,

2019 and a “NOC” (for the sake of convenience, be referred

as “Orix NOC No. 01”) was provided by the Defendant No. 01

 to complete the transfer of the premises from Mr. Giri to the

Applicants. The same was given by the Defendant No. 01 on

September 03, 2019 vide mail.

17. The Applicants further submit that once again, on September

08, 2019 in the Annual General Meeting of the Society, the

Applicants visited the Defendant No. 03 for the issuance of the

“Conditional NOC” as sought on August 26, 2019 by the

Applicants. The same was refused again, now citing the

reason of obtaining an opinion of a legal practitioner before

taking any further steps upon the same. Astonishingly, the

charges were called upon to be paid by Applicants, which,

under the perilous situation, was promptly accepted. Due to

the busy schedule of the Secretary of the Society, the

Applicants decided to meet with the Society’s chosen

Advocate Shri. Narayan Samant, wherein, he opined that the

Society have to provide the Conditional NOC to the Applicants

No. 01 as per the Power of Attorney dated August 28, 2019.

Be that as it may, there would be no cause for the Society to

further delay the issuance of the same, and, that the Society

had already credited the amounts paid towards ‘transfer fees’

from the Applicants. The fees of the Advocate was paid by

Applicants.

18. On September 22, 2019, a copy of the “Power of Attorney”

dated August 28, 2019 and a reminder letter dated September

 22, 2019 was submitted with the Defendant No. 03 for

promptly providing the “Conditional NOC”.

19. The Defendant No. 01 vide letter dated September 24, 2019,

provided the Applicants with another NOC (for the sake of

convenience, be referred as “Orix NOC No. 02”), with

stipulations. The Defendant No. 01 had issued the said Orix

NOC No. 02 for the release of the premises for an amount of

Rs. 60,03,000/-, out of which the Applicants were directed to

pay Rs. 76,000/- before September 30, 2019 (First Tranche)

and the remainder before October 30, 2019 (Second

Tranche). The Applicants duly paid the First Tranche on

September 30, 2019.

20. Once again on October 06, 2019, the Applicants were called

upon for providing the Defendant No. 03 with an “Indemnity

Bond”. Without any protest and demur, the Applicants

promptly provided the same on October 09, 2019. However,

there was no response from the society as to the issuance of

the “Conditional NOC”.

21. In the meanwhile, on October 12, 2019, Mr. Manoj Chalke,

from Kurar Police Station, the IO in the police matter, called

the Applicant No. 01 to the Shop no. 10 of the Society (the

Defendant No. 03), where it was informed that FIR has been

lodged against the said Mr. Giri and that Applicants’ statement

would be required on October 14, 2019 by the officers of the

Defendant No. 02.

22. That on October 13, 2019, the Defendant No. 03 issued a

letter dated October 13, 2019, stating that they shall not be

issuing any “NOC” of any nature, as they were served with a

letter dated October 12, 2019 from Kurar Police Station, which

directed them not to create any rights over the said premises

until the conclusion of investigation.

23. It is further submitted that on October 15, 2019, Mr. Manoj

Chalke conducted panchnama of the said premises and also

instructed the Applicants not to do anything in the premises

and not to replace/ remove any of the articles in the premises.

24. On October 16, 2019, an application to the IO was made by

the Applicants, for withdrawing the letter dated October 12,

2019 issued by the Police.

25. It is evident that the transaction of the said premises has been

done by following the due process of law and with the best

intentions. However, in spite of providing all details to the

Kurar Police Station and the IO, morefully because of the

letter dated October 12, 2019, the “Second tranche” of the

transaction with Defendant is stalled and this stalling is

causing extreme prejudice and is because of the illegality

done by the police.

26. The Applicants further state that vide mail dated October 30,

2019, Defendant have been well informed of all the relevant

facts.
27. It is further submitted that vide application dated February 25,

2020, an application bearing number 224/N/2020 was filed

with the Ld. MM Court at Borivali for withdrawal of the unlawful

attachment of the premises by the Kurar Police Station.

28. The Applicants had informed to Defendant regarding filing of

application bearing number 224/N/2020 with the Ld. MM Court

through mail dated March 07, 2020.

29. The police filed their say dated March 07, 2020, stating that

the case against Mr. Giri and his wife have been committed to

the Learned MPID Court.

30. That inspite of having conceived of the entire genesis of the

matter, on March 11, 2020, the Defendant affixed a Demand

Notice under sub section 2 of the Section 13 of The

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (SARFAESI Act) to

Mr. Giri and Mrs. Rupa Giri on the door of the premises.

31. That promptly a substantive and elaborate response was sent

through Rajdeep Lahiri, Advocate, vide reply dated March 17,

2020, both by E-mail and RPAD. That vide the said response,

the entire factum of the present dispute has been

substantively elaborated and that vide the said response, a

stay of the proceeding was sought in light of the facts and

circumstances.

32. However, inspite of the receipt of the said response, on

September 23, 2020, the Applicants got to know that a notice

 titled “Possession Notice” dated September 07, 2020 has

been issued with regards the subject premises by the

Defendant No. 01.

33. …………In Reponse to the . “Possession Notice” dated

September 07, 2020 the applicant has filed Securitization

Apllication Number 609 of 2020 before the Hon’ble Debts

Recovery Tribunal – II at Mumbai. A copy of the said

Apllication has been serviced and acknowledge to all three

defendents.

34. As on date of this IA the Securitization Apllication Number 609

of 2020 still pending before the Hon’ble Debts Recovery

Tribunal – II at Mumbai.

35. It is further submitted that Misc. Application (Registration

Number 100996/2020) dated November 02nd, 2020 was filed

with the MPID Court of Sessions for Greater Bombay at

Mumbai for withdrawal of the unlawful letter dated october 12,

2019 issued by the Kurar Police Station.………….

36. ………..

37. The police filed their say dated November 26th, 2020, stating

that the case against Mr. Giri and his wife have been filed by

number of depositer under MPID Act, and they are under

process of attaching all the properties of Mr. Giri and his wife

under MPID Act to protect the interest of depositors.

38. On the request of Kurar Police Station, Office of District

collector has appointed deputy collector of Malad 3 as

competent authority under the MPID Act.

39. On March 16th 2021 Kurar Police Station has issued fresh

letter to the society which directed them not to create any

rights over the said premises until the conclusion of

investigation as under section 420, 409, 34 of IPC and u/s 3 of

MPID 1999 case has been registered against Mr. Giri and his

wife.

40. On March 23rd, 2021 applicant no. 1 has been informed by

mail from dependent no 1 through its representative Mr. Bipin

Sadasivan that they received order under section 14 of the

SARFAESI Act and they are going ahead with the possession

of the property.

41.

42. Grounds for the Applicants:

Being aggrieved by the impugned action on the part of the

Defendant under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Securities Act, 2002, the

Applicants are constrained to challenge the same on the

following grounds amongst others:

GROUNDS

A. That, the entire approach of the Defendant No. 01 is faulty,

perverse, biased and against the principle of law and natural

 justice and therefore, the decision impugned to proceed under

the Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Act, 2002 itself is liable to be set

aside.

B. The Defendant No. 01 committed great mistake in the eyes of

law in not appreciating the mandatory provisions of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Securities Act, 2002 and Security Rules and

issued a notice in slip shod manner without complying with the

same and more particularly stated in the facts of the

application, causing serious prejudice to the Applicants. The

notice not being in consonance with the provisions of law is

liable to be quashed and set aside. The impugned notice,

therefore, is liable to be set aside.

C. The Applicants states that though the entire process requires

a Conditional No Objection Certificate (NOC) from the

Committee of the Swapnakiran Co-operative Housing Society

Ltd to the Applicants bankers i.e. NKGSB Bank and reiterate,

that the Defendant No. 03 society had already debited the

monies towards the transfer fees from the Applicant. It is

evident the Society kept intentionally delaying the issuance of

the Conditional NOC and as such the impugned action by the

Defendant No. 03 is against the interest of justice.

D. The Applicants respectfully submits that in spite of providing

all details to the Defendant No. 02 police station, because of

 their letter dated 12/10/2019, the transaction with Defendant

No. 01 is stalled and this stalling is causing extreme prejudice

and is because of the illegality done by the police. It would

amount to grave and irreparable loss to Applicants if the

impugned action of the Defendant is not stayed, pending the

final disposal of the present appeal.

E. That the Defendant No. 01 was made aware of the

absconding of the erstwhile owners and the transfer of the

premise to the Applicants. The Defendant No. 01 without

taking into consideration, that the matter is committed to the

MPID Court and it is pending, issued Possession Notice.

Thus, the Defendant No. 01 cannot take the action under the

SARFAESI Act and as such the action on the part of the

Defendant is bad in law.

F. It is respectfully submitted that, the entire action is in haste,

only with a prejudiced mind as there was no case with the

Defendants to act under the provisions of the act, as the

action is per se illegal, cannot be sustained in the eyes of law

and is liable to be set aside.

G. That the Defendant No. 01 has not considered the pleas of the

Applicants, morefully vide response dated March 14, 2020 at

Annexure – O, wherein, the Applicants have entailed the

entire matter, along with all documents. The same being

received by the Defendant No. 01 vide mail dated March 17,

2020 and vide RPAD, has chosen to abstain from replying the
 same as mandated under Section 13 (3A) of the Act, the

action of the Defendant No. 01 in proceeding further ahead is

bad in law and liable to be quashed.

43. Interim order/s, prayed for:-

Pending the final decision on the application, the Applicants

seeks issue of the following interim order/s:-

i. Pending the hearing and final disposal of the present

application, the Defendant No. 01 be restrained by an order of

temporary injunction from acting in pursuant to the Possession

notice dated September 07, 2020 at Annexure – Q attached

with the Securitization Application No. 609 of 2020;

ii. Pending the hearing and final disposal of the present

application, the Defendant No. 01 be restrained by an order of

permanent injunction from acting in terms of the Possession

notice dated September 07, 2020 at Annexure – Q attached

with the Securitization Application No. 609 of 2020;

iii. Pending the hearing and final disposal of the present

Application, the Defendant No. 02 be directed to withdraw the

letter dated October 12, 2019 at Annexure – G attached with

the Securitization Application No. 609 of 2020 and the

Applicants be allowed to continue with transfer of loan

documents from the erstwhile owners to themselves;

iv. Pending the hearing and final disposal of the present

Application, the Defendant No. 03 be directed to issue the

 ‘Conditional NoC’ sought vide Annexure – D attached with the

Securitization Application No. 609 of 2020, and allow the

Applicants to appraise the same with their bankers and aid in

the transfer of loan from the erstwhile owners to the

Applicants;

v. Grant ex-parte Interim and ad-interim relief in terms of Prayer

Clause-(i) to (iv) above;

vi. Pass such other and further orders that this Hon’ble Tribunal

deems just and proper in the facts and circumstances of the

present case and in the interest of justice.

Dated this ____ day of November, 2020

Place: Mumbai

Bipin Singh
Applicant No. 01
Rajdeep Lahiri
Advocate for the Applicants

Satish Singh
Applicant No. 02

VERIFICATION

I, Bipin Singh, aged about 30 years, Occ:- Professional, R/o; 204,

5C, Girikunj Society, New Mahada Colony, Goregaon East, Mumbai

400 065 the Applicant No. 01 herein, do hereby take oath and state
on solemn affirmation that the contents of from Paragraph Nos. 1 to

14 in the Application above are drafted by the counsel as per my

instructions. I have gone through the contents and after having

understood the same, I state and declare that the contents thereof

are true and correct to my personal knowledge, belief and

information gathered from the record.

Hence verified and signed at Mumbai on this the __ day of

November, 2020.

I know & identify the deponent.

Deponent

Advocate

VERIFICATION

I, Satish Singh, aged about 32 years, Occ:- self employed, R/o; 204,

5C, Girikunj Society, New Mahada Colony, Goregaon East, Mumbai

400 065 the Applicant No. 01 herein, do hereby take oath and state
on solemn affirmation that the contents of from Paragraph Nos. 1 to

14 in the Application above are drafted by the counsel as per my

instructions. I have gone through the contents and after having

understood the same, I state and declare that the contents thereof

are true and correct to my personal knowledge, belief and

information gathered from the record.

Hence verified and signed at Mumbai on this the __ day of

November, 2020.

I know & identify the deponent.

Deponent

Advocate

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants
--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants

GENERAL INDEX

S/r. Particulars Pg. Nos.

PART – A

Interim Application

Dated:

Place: Mumbai

Advocate for the Applicants

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants

--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants

LIST OF DATES AND EVENTS

S/r. Particulars of the Event/s Date Annex.

Vide Agreement for Sale 31/07/2019 A

dated July 31, 2019, the

Applicants are the owners of

the subject premises
On account payment of Rs. 28/12/2018 B

10,00,000/- by the

Applicants towards the

procurement of the subject

premises
Power of Attorney was 28/08/2019

entered by and between the

erstwhile owners of the

subject premises and the

Applicants for the purpose

of handling of loan transfer

documents
NKGSB (bankers of the 26/08/2019

Applicants) sought for a

Conditional NoC from the

Defendant No. 03
Cheque of Rs. 13,100/- vide 27/08/2019

cheque number 712334 was

provided and encashed by

the Defendant No. 03 for the

transfer of the subject

premises to the Applicants

Miscreants attempt entering 01/09/2019

the subject premises

forcefully. The said Mr. Giri

was absconding and the

said information was

promptly informed to the

Defendant No. 01.

An NOC was provided by 03/09/2019

the Defendant No. 01 to the

Applicants.
The Applicants visited the 08/09/2019

Defendant No. 03 for

obtaining the Conditional

NoC
The Applicants once again 22/09/2019

visited the Defendant No. 03

for providing the Conditional

NoC
Defendant No. 01 issued 24/09/2019

Orix NoC No. 02 for the

release of the subject

premises to the Applicants

Indemnity Bond submitted 06/10/2019

by the Applicants with the

Defendant No.03
Applicant was informed that 12/10/2019

FIR is registered against the

erstwhile owners of the

subject premises
Defendant No. 03 refuses to 13/10/2019

issue the NOC to the

Applicants as the Defendant

No. 02 has objected against

any transfer or issue of any

NOC of the subject

premises vide its letter

dated October 12, 2019.

Letter written to the 16/10/2019 G

Defendant No. 02 to

withdraw its letter dated

October 12, 2019

Defendant No. 01 is 30/10/2019 H

informed about the

developments with regards

the subject premises

Application filed with the Ld. 25/02/2020 I

MM Court at Borivali Court,

Mumbai with directions to

the Police to withdraw the

letter dated October 12,

2019 as being ultra vires

Section 13 (2) of the 11/03/2020 L

SARFAESI Act notice

issued
Response issued to the 17/03/2020 M

section 13 (2) of the

SARFAESI Act by the

Applicants
Possession Notice issued 07/09/2020 O

by the Defendant No. 01,

informed by the Defendant

No. 01 only on September

 23, 2020

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

INTERIM APPLICATION NO. _____ OF 2020

IN
SECURITIZATION APPLICATION NUMBER 609 OF 2020

APPLICANTS:- Bipin Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 01

Mr. Satish Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 02

--Versus--
DEFENDANTS:-
1. Orix Leasing and Financial Services
India Limited
 Office at: Plot No. 94, Marol Co-Operative
Industrial Estate, Andheri Kurla Road,
Andheri East, Mumbai – 400 059
2. Kurar Police Station
Through the Inspector in Charge
Kurar, Ambewadi, Malad East,
Mumbai 400 097
3. Swapnakiran Co-Operative Housing
Society
Through its Chairman,
Pimpri Pada, Malad East, Mumbai – 400
097
…Defendants
AFFIDAVIT IN SUPPORT OF THE INTERIM APPLICATION

I, Bipin Singh, aged about 30 years, son of Shri. Narendra Singh,

Occ:- Professional, R/o; 204, 5C, Girikunj Society, New Mahada

Colony, Goregaon East, Mumbai 400 065 the Applicant No. 01

herein, do hereby state on solemn affirmation as follows:

1. I say that I have filed the above Securitization Application for

the reliefs more specifically set out in the Application.

2. I say that I repeat, confirm, adopt and reiterate all that there is

stated in the Application as if the same were set out herein in

extenso. I crave to refer to the Application.

3. I say that the present Application is made against the acts and

inactions of the Defendants and that I have suffered

irreparable harm and loss due to the same.

4. I say that this Hon’ble Tribunal be pleased to pass appropriate

orders and reliefs as more particularly set out in the

Application.

Solemnly affirmed in Mumbai )

Dated this __ day of October, 2020 )

Applicant No. 01

Identified by me.

Rajdeep Lahiri
Advocate for the Applicants

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 01

Mr. Satish Singh

204, 5C, Girikunj Society,
New Mahada Colony,
Goregaon East,
Mumbai 400 065 …Applicant No. 02

--Versus--
DEFENDANTS:-
 4. Orix Leasing and Financial
Services India Limited
Office at: Plot No. 94, Marol Co-Operative
Industrial Estate, Andheri Kurla Road,
Andheri East, Mumbai – 400 059
5. Kurar Police Station
Through the Inspector in Charge
Kurar, Ambewadi, Malad East,
Mumbai 400 097
6. Swapnakiran Co-Operative Housing
Society
Through its Chairman,
Pimpri Pada, Malad East, Mumbai – 400
097
…Defendants
AFFIDAVIT IN SUPPORT OF THE APPLICATION

I, Satish Singh, aged about __ years, son of Shri. Narendra Singh,

Occ:- Professional, R/o; 204, 5C, Girikunj Society, New Mahada

Colony, Goregaon East, Mumbai 400 065 the Applicant No. 01

herein, do hereby state on solemn affirmation as follows:

5. I say that I have filed the above Securitization Application for

the reliefs more specifically set out in the Application.

6. I say that I repeat, confirm, adopt and reiterate all that there is

stated in the Application as if the same were set out herein in

extenso. I crave to refer to the Application.

7. I say that the present Application is made against the acts and

inactions of the Defendants and that I have suffered

irreparable harm and loss due to the same.

8. I say that this Hon’ble Tribunal be pleased to pass appropriate

orders and reliefs as more particularly set out in the

Application.

Solemnly affirmed in Mumbai )

Dated this __ day of October, 2020 )

Applicant No. 02

Identified by me.

Rajdeep Lahiri
Advocate for the Applicants

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants

--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants
 SECURITIZATION APPLICATION
Dated this __ day of October, 2020

Rajdeep Lahiri
Advocate for the Applicants
Chambers
Sonawalla Building, 3rd Floor,
Bombay Samachar Marg, Opp. BSE,
Fort, Mumbai – 400 001
M: 9920048947
E: rajdeep.lahiri47@gmail.com

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants

--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants
 VAKALATNAMA
Dated this __ day of October, 2020

Rajdeep Lahiri
Advocate for the Applicants
Chambers
Sonawalla Building, 3rd Floor,
Bombay Samachar Marg, Opp. BSE,
Fort, Mumbai – 400 001
M: 9920048947
E: rajdeep.lahiri47@gmail.com

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants

--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants
 AFFIDAVIT IN SUPPORT
Dated this __ day of October, 2020

Rajdeep Lahiri
Advocate for the Applicants
Chambers
Sonawalla Building, 3rd Floor,
Bombay Samachar Marg, Opp. BSE,
Fort, Mumbai – 400 001
M: 9920048947
E: rajdeep.lahiri47@gmail.com

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL – II

AT MUMBAI.

SECURITIZATION APPLICATION NUMBER _______ OF 2020

APPLICANTS:- Bipin Singh and Anr. …Applicants

--Versus--
DEFENDANTS:- Orix Leasing and Financial Services India
Limited and Ors. …Defendants

MEMORANDUM OF ADDRESS
 APPLICANT NO. 01 and 02

R/o; 204, 5C, Girikunj Society,

New Mahada Colony, Goregaon East,

Mumbai 400 065

C/o.

Rajdeep Lahiri, Advocate

Chambers: 1/9, Shefalee,

PS Road, Santacruz West,

Mumbai – 400 054