IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

APPLICATION U/S 19 OF THE RECOVERYOF DEBTS DUE, TO

BANKS AND FINANCIAL INSTITUTIONS ACT, 1993

UNION BANK OF INDIA ………… APPLICANT

AND

MRS. SHAGUFTA FAHAD ZALERA & ORS. …………

DEFENDANT

FOR USE IN TRIBUNAL OFFICE

DATE OF FILING : .07.2021

SUIT CLAIMED AMOUNT : Rs. 33,74,824.85/-

INTEREST RATE CLAIMED : Interest 8.65 %MCLR

Linked Per annum with
monthly rests

DRT -3 COURT FEE : RS. 36,000/-

--------------------------------------
REGISTRAR’S SIGNATURE

JURISDICTION : Palghar
 IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

UNION BANK OF INDIA, )

Banking Company constituted under )
The Banking Companies (Acquisition )
& Transfer of Undertaking) at, 1970; )
Having its Head Office at- 239, )
Vidhan Bhavan Marg, Palghar- 400 021 )
And having its Branch office at, )
Shop No. 19 & 20, Bldg. No. 1, )
Type RO, Agarwal Nagari, )
Opp. to Fire Brigade, Vasai East, )
Taluka Vasai, Palghar – 401305, )
Maharashtra. )
Through its Chief Manager )
MR. KUNDAN KUMAR, )

Age about 35 Years, Occ. Service ) ......PLAINTIFF

V/S

MRS. SHAGUFTA FAHAD ZALERA, )

MR. FAHAD MOHAMMED ZALERA, )
C 1/206, Unique Park, Near D G Nagar, )
Diwanman, Bassein Road, )
Vasai West-401208, Palghar, )
Maharashtra. )

And Also,

Flat No. B-101, Bldg. Type F, Sai Aangan, )

Pragati Nagar, New Virar Nallasopara Link Road, )
Ostwal Nagar Road, Village More, )
Nallasopara East, Palghar – 401209, )
Maharashtra. ) …DEFENDANT
1. PARTICULARS OF THE APPLICANT:

(i) Name of the Applicant :UNION BANK OF INDIA

(III) Address of the Applicant : UNION BANK OF INDIA,

Shop No. 19 & 20, Bldg.
No. 1, Type RO, Agarwal
Nagari, Opp. to Fire
Brigade, Vasai East,
Taluka Vasai, Palghar –
401305,
Maharashtra.
.

(IIII) Address of services of all notices :Anandkumar R. Singh,

Sunshine Commercial
Complex, Nallasopara
(East), Taluka, Nallasopara
District: - Palghar,
Maharashtra - 401 209.

2. PARTICULARS OF THE DEFENDANT:

NAME AND ADDRESS OF THE DEFENDANT

MRS. SHAGUFTA FAHAD ZALERA,

MR. FAHAD MOHAMMED ZALERA,
C 1/206, Unique Park, Near D G Nagar,
Diwanman, Bassein Road,
Vasai West-401208, Palghar,
Maharashtra.

And Also,

Flat No. B-101, Bldg. Type F, Sai Aangan,

Pragati Nagar, New Virar Nallasopara Link Road,
Ostwal Nagar Road, Village More,
Nallasopara East, Palghar – 401209,
Maharashtra.
ADDRESS OF SERVICES OF ALL NOTICES
As above

1. JURISDICTION: -

The Applicant declares that the subject matter of recovery of debts due is
more than Rs. 20,00,000/- (Rupees Twenty Lakh Only) therefore present
original Application falls within the Jurisdiction of this Hon’ble Tribunal.
The Defendant above named had approached to the Applicant i.e. the Union
Bank of India previously known as Andhra Bank and known as Union Bank
of India, previously known as Andhra Bank now known as Union Bank of
India, having branch Union Bank of India, Shop No. 19 & 20, Bldg. No. 1,
Type RO Agarwal Nagari, Opp. to Fire Brigade, Vasai East, Palghar –
401209, Maharashtra for seeking financial assistance. The Applicant had
sanctioned at its said Branch under the Union Home Loan Scheme to the
Defendant. The payments due and payable in respect of Home Loan facility
granted to the Defendant are to be made at Vasai East Branch and the
mortgaged securities are executed at Vasai Branch. All the security
documents including D.P. Note, Term Loan Agreement and other
documents were executed in Vasai East Branch, the Applicant having
branch at Vasai Branch within the jurisdiction of this Hon’ble Tribunal.
Therefore, this Hon’ble Tribunal has jurisdiction to entertain present
Application.

3 (A).

(i)Total amount of Amount of debt,

debt claimed as on in rupees- 31.05.2021
the date Rs.
31.05.2021 33,74,824.85/-

(ii)Amount of debt, Amount of secured

as on specified date, debt, in rupees-
 secured by security
interest over
properties or assets
of the defendant
with particulars of
secured properties
and assets.

(iii)Estimated value Estimated value of

of properties of
assets over which
security interest is
created.
(iv) If estimated Description of Estimated value, in rupees.
value is not property or asset
adequate to cover with its location
the total debt
claimed with future Not Applicable
interest particulars Not Applicable
of any other
properties or assets
known to the
applicant with
estimated value of
such other
properties or assets.-
N/A.
(v)Amount of Amount of Portion of debt not covered
unsecured debt of unsecured debt, in by securities, in rupees.
portion of debt not rupees
covered by
estimated value of Not Applicable
secured properties Not Applicable
and other properties.

1. LIMITATION: -

The Applicant will rely upon various documents executed and delivered by
the Defendant to the applicant on dated 24 th August, 2017. Applicant states
that Defendant failed to make the payment and therefore applicant had sent
Demand Notice u/s. 13(2) of SARFAESI Act, 2002 on dated 03.09.2019
and same was not served and therefore it was published in Free Press
Journal and Vrittamanas on dated 08.12.2019. The Agreement and various
security documents executed by the Defendant on various occasions
referred to hereinafter which contribute written promise and agreements on
the part of Defendant. Hence the Application and the claim are within the
 Limitation prescribed for under Section 24 of the Recovery of Debts due to
the Banks and Financial Institutions Act, 1993 and not barred by Law of
Limitation.

2. FACTS OF THE CASE:-

The Applicant is a corporate body constituted under the Banking

Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its
Head Office at 239, Vidhan Bhavan Marg, Nariman Point, Palghar – 400
021, and one of its Branch Office amongst others known as Shop No. 19
& 20, Bldg, No. 1, Type RO, Agarwal Nagari, Opp. to Fire Brigade, Vasai
East, Palghar – 401305, Maharashtra. MR. KUNDAN KUMAR Branch
Manager is authorized to file this application by Power Of
Attorney/Authority Letter, which is marked as Exhibit-A.

5-1. The Applicant states that Defendant are residing and having address which
is mentioned in the cause title of the original application.

5-2. The Applicant says that the Defendant approached the Applicant by
making an application for grant of Home Loan for purchase the flat. The
Applicant has sanctioned a Home Loan limit of Rs. 29,85,000/- (Rupees
Twenty Nine Lakh Eighty Five Thousand Only) the application the terms
and conditions as per its sanction letter dated 23.08.2017 duly accepted by
the Defendant repayable in installments at the rate of interest 8.65 % per
annum with monthly rests. Hereto annexed and Marked Exhibit- B & C
are the copies of Application Letter and Sanctioned Letter dated
23.08.2017.

5-3. In consideration of the aforesaid credit limits having been granted to

Defendant, to secure all amounts due and payable there under, the
Defendant executed agreements, documents in favor of the Applicant,
inter alia accepting all the terms and conditions stipulated therein as
enumerated below:
 i. Exhibit-D Composite Agreement dated 24.08.2017 executed by
Defendant.

ii. Exhibit-E Indemnity Cum Undertaking dated 24.07.2017 for Rs.

29,85,000/- (Rupees Twenty Nine Lakh Eighty Five Thousand Only)
executed by Defendant.

iii. Exhibit-F Affidavit dated 24.08.2017 for Rs. 29,85,000/- (Rupees Twenty
Nine Lakh Eighty Five Thousand Only) executed by Defendant.

iv. Exhibit-G Deposit of Title Deed dated 24.08.2017 for the grant of
Housing Loan of Rs. 29,85,000/- (Rupees Twenty Nine Lakh Eighty Five
Thousand Only) to purchase the Flat No. 101, 1st Floor, B Wing,
Building Type F, Sai Aangan, Pragati Nagar, New Virar Nallasopara
Link Road, Ostwal Nagar Road, Village More, Nallasopara East,
Vasai, Palghar – 401209, Maharashtra and bounded by:
East : Open Plot
West : Midas Enclave
North : Open Plot
South : Siddhivinayak Apartment

v. Exhibit-H Agreement for Sale dated 12.07.2016 executed between M/s.

S. A. Infra and Defendant to purchase the Flat No. 101, 1st Floor, B Wing,
Building Type F, Sai Aangan, Pragati Nagar, New Virar Nallasopara Link
Road, Ostwal Nagar Road, Village More, Nallasopara East, Vasai, Palghar
– 401209, Maharashtra.

vi. Exhibit-I Supplement to the Composite Agreement (Annexure II) dated

24.08.2017 executed by the Defendant.

5-4. The Applicant further submits that despite several requests, reminders and
demands made by the Applicant, the Defendant have failed and neglected
to pay the installments regularly and regularize the account and pay the
dues of the Applicant. Accordingly, the account was declared as NPA as
on 26.04.2021. In view of the aforesaid unsatisfactory features various
defaults the Applicant terminated the entire credit facilities granted to
Defendant as aforesaid and decided to call up the advances having
undernoted outstanding dues in various accounts. The notice under section
13(2) of SARFAESI act dated 03.09.219 for the amount of Rs.
 29,29,592.45/- (Rupees Twenty Nine Lakh Twenty Nine Thousand Five
Hundred Ninety Two and Paisa Forty Five Only) has been served to the
Defendant, but the Defendant failed to pay the above said amount hereto
marked an Exhibit-J & J (1) & J (2) .

5-5. The Applicant further states that, Demand Notice Posted in Free Press
Journal and Vrittamanas Paper Publication on dated 08.12.2019, Copy of
Demand Notice in Paper Publication is marked as Exhibit-K & K(1).

5-6. The Applicant further states that, it had sent legal notice dated 30.06.2021
& posted on dated 01.07.2021 and same has been returned with remark
left by the Defendant, the copy of notice and returned Envelop is marked
as Exhibit – L, L(1).

5-7. In the circumstances the Applicant states that there is now due, owing and
payable by the Defendant to the Applicant Rs. 33,74,824.85/- (Rupees
Thirty Three Lakh Seventy Four Thousand Eight Hundred Twenty
Four and Paisa Eighty Five only) payable by the Defendant as the
borrower’s in respect of the loan account facility as on 31.05.2021
together with the further interest at the rate of 8.65 % p.a. with monthly
rests from as appearing in the statement of account, and also set out in
Particulars of Claim annexed hereto and marked Exhibit “M” copies of
statement of account under the above facilities certified under the
Bankers Book of Evidence Act, 1891 are annexed hereto and marked
Exhibit “N” respectively. The Defendant is further liable to pay further
interest, costs and charges thereon at the aforesaid rate and/or agreed
terms.

5-8. The Applicant states that they have charged the penal interest 2%, in
account but it has not been compounded. The applicants certify that
interest has been charged as per RBI guidelines. The applicant undertakes
to allow the inspection of statement of account and original loan
documents as and when the Defendant demands it.

5-9. The Applicant submits that the large amount running into Lakh of rupees
is due and payable by the Defendant as borrower. The Applicant submits
that the Defendant committed willful breach of the terms and conditions of
the credit facilities and have also not made payment of dues as well as
interest amount as required as per the documents and/or agreement duly
executed by the Defendant with the Applicant and also subsequent
 requests and promises from time to time. The Applicant submits that the
Applicant is a public financial institution and deals with the public funds.
The applicant a secured creditor is entitled to protect its security in its own
rights. The applicants say that the Defendant is the owners of the
mortgaged property described in Exhibit “G” above. The Applicant says
that the Defendant likely to dispose of the same. The Applicant submits
that in the circumstances, the Applicant has become entitled to attach the
said property. The Applicant therefore, submits that the said property is
attached and sold and or realized by and under the orders and directions of
this Hon’ble Tribunal and the net sales proceeds and /or realization thereof
are applied in or towards the satisfaction of the claim of the Applicant.

5-10. The Applicant says that the said loans were advanced by the Applicant to
the Defendant in connection with the purchase of flat and submits that the
liability of the Defendant have arisen out of a commercial transaction
within the meaning of the said expression under section 34 of the Code of
Civil Procedure, 1908 as amended by the Code of Civil Procedure
Amendment 1976. The Applicant therefore is entitled to contractual rates
of interest as per the security document executed by them.

5-11. The Applicant further submits that, thus, in the facts and circumstances of
the case, it shall be in the interest of equity and justice and further be just
fair, convenient and proper that this Hon’ble Tribunal be pleased to grant
the reliefs including the interim reliefs as hereinafter prayed. The
Applicant further submits that the applicant has a strong prima facie case
in its favor and against the Defendant hereinabove and the balance of
convenience also weighs in favor of the Applicant Bank and against the
Defendant hereinabove.

1. RELIEFS PRAYED FOR:

In the facts and circumstances as mentioned in details hereinabove in Para

no.5 the Applicant Bank most respectfully prays for the following reliefs:

(A) The Defendant be ordered and decreed to pay to the Applicant the
aggregate amount of Rs. 33,74,824.85/- (Rupees Thirty Three Lakh
Seventy Four Thousand Eight Hundred Twenty Four and Paisa
Eighty Five only) payable by the Defendant as the borrower’s in respect
of the loan account facility as on 31.05.2021 together with the further
interest at the rate of 8.65 % p.a. p.a. with monthly rests till payment being
 the outstanding dues in loan accounts with monthly rests, as set out in the
particulars of claim Exhibit-M hereto;

(B) For issue of Recovery Certificate for the aforesaid dues under the
provisions of DRT Act 1993;

(C) This Hon’ble Debt Recovery Tribunal be pleased to fix a time within
which the Defendant be directed to pay the said dues amounts in terms of
prayers(A) above, and in default the said several securities of the
Applicant being the said immovable assets of the Defendant more
particularly described in Exhibit “G” hereto be sold by way of private
treaty and/or public auction and proceeds thereof be made over to the
Applicant in satisfaction of its dues as may be certified in prayer(A)
above;

(D) That in the event of deficiency on such sale and realizations personal
decrees be passed against Defendant to the extent of such deficiency;

(E) The Defendant be directed to furnish a list in the form of an affidavit

giving therein complete details of all his respective movable and
immovable assets including Cash and Bank balances held by him either in
his respective personal names and/or jointly and/or severally with others
and file the same in this Hon’ble Tribunal ;

(F) This Hon’ble Tribunal be pleased to make an order of attachment of all

those movable properties of the Defendant including cash and Bank
balances and other receivables held by them either in his respective
personal names and/or jointly severally with others to be furnished by the
Defendant in the form of an affidavit in terms of prayers above;

(G) Be pleased to award the costs of this Recovery Application from the
Defendant herein together with interest thereon.

(H) Be further pleased to pass any such other and further order/s and/or
relief/s, as though just and proper in the interest of justice and in public
interest.

2. INTERIM RELIEF/S, IF ANY, PRAYED FOR:

 It is submitted that this Recovery Application will take some time for
hearing and final disposal. In the meantime, the Applicant’s interest is
required to be protected. The Applicant further submits that repayment of
its dues can be obtained in terms of prayers above only by sale of
movable/immovable properties of the Defendant and having regard to the
facts and circumstances of the case as well as in the interest of justice and
in public interest, the Applicant Bank be kindly granted all the interim
reliefs as prayed for hereinafter, pending admission, hearing and final
disposal of the present recovery application. If the interim reliefs as
prayed for hereinafter are not granted in favor of the Applicant Bank and
against the Defendant there is every possibility that other immovable
properties belonging to the Defendant either mortgaged or otherwise may
be disposed off and/or otherwise, the money realized from the sale thereof
may be siphoned off by them, thereby defeating the interest of the
Applicant Bank.

(A) Pending admission and final disposal of the present Recovery Application,
this Hon’ble Tribunal be pleased to pass an order appointing a fit and
proper person as Receiver and/or Commissioner for the immovable
property belonging to the Defendant details of which are comprised in the
Exhibit “G” hereto conferring power under Order XXXX Rule 1 of the
Code of Civil Procedure 1908 and be further pleased to direct the said
Receiver and/or Commissioner to dispose of all the said immovable and to
give the sale proceeds realized there from to the Applicant Bank in
satisfaction of its dues as claimed herein.

(B) Pending admission, hearing and final disposal of the present Recovery
Application, this Hon’ble Tribunal be pleased to pass an interim order by
way of stay/Injunction restraining the Defendant his servants agents and
assigns from transferring/selling/disposing off/ alienating and/or selling
and/or from parting with and/ or from dealing in any manner in respect of
the said immovable property of the Defendant details of which are
comprised in Exhibit “G” thereof.
 (C) Pending the final hearing and disposal of this Application, this Hon’ble
Tribunal be pleased to direct Defendant to furnish a complete list of all
their personal respective properties being movable and immovable assets
including Cash & Bank balance and other monies standing either in their
respective personal names or jointly with others in the form of an affidavit
and file the same in this Hon’ble Tribunal.

(A) Pending the final hearing and final disposal of this Application this
Hon’ble Tribunal be pleased to restrain the Defendant from dealing with
and/or disposing off and/or transferring and/or encumbering and/or
alienating and/or creating any third party right, title and interest over and
in respect of the said several personal movable and immovable properties
including Cash and Bank balances and other monies standing either in
their respective personal names and/or jointly with others in the details to
be furnished by the said Defendant in the form of an affidavit as aforesaid
in this Hon’ble Tribunal;

(B)Any other interim order/orders as this Hon’ble Tribunal may deem fit and
proper in the facts and circumstances of the case.

3. MATTER NOT PENDING BEFORE ANY

COURTS/AUTHORITIES:

The Applicant further declares that the subject matter regarding which the
present recovery Application has been filed/moved before this Hon’ble
Tribunal by the Applicant hereinabove is not pending before any other
court of law and/or authorities and/or Tribunal either of this Hon’ble
Debts Recovery Tribunal or the other Hon’ble Debts Recovery Tribunal/s
of the other state/s.

4. APPLICATION FEES:-

Applicant has paid the court fees through “BHARAT KOSH.GOV.IN”

on _____________ bearing No. _____________________________ for
Rs. 36,000/- in favor of Registrar Debts Recovery Tribunal -3 is enclosed
herewith. Hereto annexed and marked Exhibit “O” is the Photocopy of
receipt of payment of court fees.
5. Details of Index: - A list of Index in duplicate containing the details of
documents executed by Defendant in favor of Applicant on which the
Applicant will rely upon is annexed.

6. List of enclosure: Copies of all documents detailed in the list of Index.

ANAND SINGH& ASSOCIATES FOR UNION BANK OF

INDIA

ADVOCATE FOR APPLICANT BRANCH MANAGER

 VERIFICATION

I, Mr. Kundan Kumar, Indian Inhabitant being the Branch Manager of the
Applicant at Union Bank Of India, Vasai East Branch, State of
Maharashtra, do hereby verify that the contents of Para’s 1 to 11 are true
to my knowledge based on information and material available on record
with the Applicant maintained in its usual course of business which I
believe to be true and that I have not suppressed any material facts.

Solemnly verified at Palghar )

Dated this __________ day of July, 2021 )

ANAND SINGH & ASSOCIATES UNION BANK OF INDIA

ADVOCATE FOR THE APPLICANT VASAI EAST BRANCH

 IN THE DEBTS RECOVERY
TRIBUNAL-3 AT PALGHAR

ORIGINAL APPLICATION NO.

OF 2021

UNION BANK OF INDIA

…..APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA

& ORS.

…… DEFENDANTS

ORIGINAL APPLICATION

DATED THIS ___ day of July, 2021.

ANAND SINGH & ASSOCIATES

Advocate for Applicant,
Shop no .10, Sunshine Commercial,
Complex Station Road, Nallasopara (E),
Dist. Palghar,
Maharastra-401209,
(Mob: 9619603320)
(Email: anandsingh253@gmail.com)
 IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO OF 2021

UNION BANK OF INDIA .…APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. ....DEFENDANT

AFFIDAVIT

1. I, Mr. Kundan Kumar, Branch Manager, of the Union Bank Of India, Vasai
East Branch, above named Branch having my office at Vasai East Branch,
State of Maharashtra.

2. I say that I being the Branch Manager of the Applicant Bank am conversant
with the fact of the case and able to depose the same.

3. I state that what is stated in suit are true to my knowledge and belief and
stated on information derived from the office based on information and
material available on record and I believe the same to be true and correct.

4. I say and submit that whatever stated by me in the above Para are true to
my knowledge and I believe the same to be true.

Solemnly affirmed at Palghar, )

This ___ day of July, 2021 )

ANANDSINGH & ASSOCIATES Applicant

ADVOCATE FOR THE APPLICANT

Before me
 EXHIBIT “N”

Particulars of Applicant’s claim against Defendant

Outstanding in the Home Loan A/c

As on
Inclusive of interest up to 31.05.2021 Rs. 33,74,824.85/-(Inclusive)

Interest and Penal Interest unrecovered Rs. 4,45,370.04/-

From 23.08.2019 to 31.05.2021

Rs. 29,29,454.45/-

================
Total Rs. 33,74,824.85/-

================

(Rupees Thirty Three Lakh Seventy Four Thousand Eight Hundred

Twenty Four and Paisa Eighty Five only) 8.65 % p.a. with monthly
rests
From 01.06.2021 till payment.
 EXHIBIT “G”

DETAILS OF IMMOVABLE PROPERTY BELONGING TO

DEFENDANT

PROPERTY BEING FLAT NO. 101, 1ST FLOOR, B WING,

BUILDING TYPE F, SAI AANGAN, PRAGATI NAGAR, NEW
VIRAR NALLASOPARA LINK ROAD, OSTWAL NAGAR ROAD,
VILLAGE MORE, NALLASOPARA EAST, VASAI, PALGHAR –
401209, MAHARASHTRA AND BOUNDED BY:

EAST : OPEN PLOT

WEST : MIDAS ENCLAVE
NORTH : OPEN PLOT
SOUTH : SIDDHIVINAYAK APARTMENT

APPLICAN

T
 VAKALATNAMA

IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

UNION BANK OF INDIA, )

Banking Company constituted under )
The Banking Companies (Acquisition )
& Transfer of Undertaking) at, 1970; )
Having its Head Office at- 239, )
Vidhan Bhavan Marg, Palghar- 400 021 )
And having its Branch office at, )
Shop No. 19 & 20, Bldg. No. 1, )
Type RO, Agarwal Nagari, )
Opp. to Fire Brigade, Vasai East, )
Taluka Vasai, Palghar – 401305, )
Maharashtra. )
Through its Chief Manager )
MR. KUNDAN KUMAR, )

Age about 35 Years, Occ. Service ) ......PLAINTIFF

V/S

MRS. SHAGUFTA FAHAD ZALERA, )

MR. FAHAD MOHAMMED ZALERA, )
C 1/206, Unique Park, Near D G Nagar, )
Diwanman, Bassein Road, )
Vasai West-401208, Palghar, )
Maharashtra. )

And Also,

Flat No. B-101, Bldg. Type F, Sai Aangan, )

Pragati Nagar, New Virar Nallasopara Link Road, )
Ostwal Nagar Road, Village More, )
Nallasopara East, Palghar – 401209, )
Maharashtra. ) …DEFENDANT

To,
The Registrar,
DRT III,
Palghar

Dear Sir,

We, UNION BANK OF INDIA, the Applicant above named whereby

appoint MR. ANANDKUMAR R. SINGH, PRADIP UPADHYAY,
KULDEEP C. SHUKLA, PRITIKA GUPTA Advocates, High Court,
Bombay to act appear and plead for us in the above matter.

In witness whereof, we have set our hands to this writing.

Dated this day of July, 2021.

Accepted:

ANAND SINGH & ASSOCIATES

APPLICANT
Registration No. MAH/4780/2008
Shop no .10, Sunshine
Commercial Complex Station Road,
Nallasopara (E) Tal. –Vasai
Dist. Palghar Maharastra-401 209
Mob. -9619603320
anandsingh253@gmail.com
 IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO OF 2021

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

MEMORANDUM OF REGISTERED
ADDRESS TO THE APPLICANT

UNION BANK OF INDIA

ANAND SINGH & ASSOCIATES

Advocate for Applicant,
Shop no .10, Sunshine
Commercial Complex
Station Road, Nallasopara (E)
anandsingh253@gmail.com
(Mob: 9619603320)
 Advocate for Applicant

IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO OF 2021

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

INDEX

SR. NO. PARTICULARS PAGE NO.

1. Application in the Form as applicable

under Rule no. 19

2. Affidavit

3. Vakalatnama

4. Memorandum of Registered address

A
 ADVOCATE FOR
APPLICANT

IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO OF 2021

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

DETAILS OF INDEX OF PAPER BOOK INCLUDING DETAILS

OF DOCUMENTS TO BE RELIED UPON AND FILED

LIST OF DOCUMENTS
SR. NO. DATE PARTICULAR PAGE No.
1. Exhibit “A”
Power of Attorney/Authority letter
2. Exhibit “B”
Application Letter
3. 23.08.2017 Exhibit “C”
Sanction Letter
4. 24.08.2016 Exhibit “D”
Composite Agreement
5. 24.08.2016 Exhibit “E”
Indemnity cum Undertaking
6. 24.08.2016 Exhibit “F”
Affidavit
7. 25.08.2017 Exhibit “G”
Memorandum of Deposit of Title
Deeds
8. 12.07.2016 Exhibit “H”
Sale Agreement

9. 24.08.2017 Exhibit “I”

Supplement to the
Composite Agreement
10. 03.09.2019
Exhibit “J, J(1) & J(2)”
Copy of Notice u/s 13(2) of
SARFAESI Act and
acknowledgement
11. 30.06.2021 Exhibit “K, K(1)”
Legal Notice and returned envelop
12. 08.12.2019 Exhibit “L & L(1)”
Copy of Paper Publication in Free
Press Journal and Vrittamanas of
Demand Notice
13. Exhibit “M”
Particular of claim
14. 31.05.2021 Exhibit “N”
statement of account
With Banker’s Books Evidence
and IT certificate along with
interest certificates
15. Exhibit O”
Court Fee
Advocate for Applicant Applicant

IN THE DEBTS RECOVERY

TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO.

OF 2021

UNION BANK OF INDIA

APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA &

ORS.
DEFENDANT

DATED THIS _____ OF JULY, 2021

COMPILATION OF DOCUMENT

ANAND SINGH & ASSOCIATES

PRADIP UPADHYAY
Kuldeep C Shukla
Advocate for Applicant,
Shop no .10, Sunshine Commercial,
Complex Station Road, Nallasopara(E)
Nallasopara Dist. Palghar
Maharastra-401209,
(Mob: 9619603320)
(Email: anandsingh253@gmail.com)
 IN THE DEBTS RECOVERY TRIBUNAL-III AT PALGHAR

ORIGINAL APPLICATION NO OF 2021

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

SYNOPSIS

DATE EVENT

The Application states that, the Defendant had approached

to the Applicant at loan point, Vasai East Branch on or
around August, 2017 and requested for a Home loan of Rs.
29,85,000/- (Rupees Twenty Nine Lakh Eighty Five
Thousand Only) for Home Loan from the Applicant and are
residing in the address mentioned in the cause Title thereof.
 At the specific request of the Defendant vide Application
for Home loan, the Applicant bank had sanctioned a Home
loan of Rs. 29,85,000/- (Rupees Twenty Nine Lakh Eighty
Five Thousand Only) Vide sanctioned Letter bearing
Reference No. 27050000066.

In Home sanction of the said Home loan of Rs. 29,85,000/-

(Rupees Twenty Nine Lakh Eighty Five Thousand Only) to
23.08.2017 the Defendant, Defendant acknowledged and agreed to the
various terms and condition of the said sanction letter and
executed the various security document for availing the said
credit facility:

24.08.2017 Memorandum of Deposit of Title deeds dated 24.08.2017,

have been Signed in favor of the Applicant bank by
execution of Equitable Mortgage to secure the due
repayment of all amounts advanced or to be advanced under
the Union Home Loan Scheme by the Applicant Bank.

From time to time over telephone as well as vide its written

03.09.2019 communication and by demand Notice Under Section 13(2)
of SARFAESI Act dated 03.09.2019requested the Defendant
to pay the Over dues/outstanding EMIs and to regularize their
accounts and to adhere to terms and condition of sanction
letter of Rs. 29,29,592.45/-(Rupees Twenty Nine Lakh
Twenty Nine Thousand Five Hundred Ninety Two and Paisa
Forty Five Only) The Applicant Bank’s effort in recovering
their outstanding dues went fruitless as the Defendant were
always reluctant to cooperate with the Applicant Bank.

03.09.2019 Notice dated 03.09.2019 under section 13(2) of the

securitization and Reconstruction of Financial Assets and
Enforcement of security Interest Act, 2002 (SARFAESI Act)
called upon the Defendant To pay the amount due and
payable under the said Home loan facility which was
extended in Home loan facility amounting of Rs. 29,85,000/-
(Rupees Twenty Nine Lakh Eighty Five Thousand only),
together with interest as per terms and condition of the loan
documents executed by the Defendant and discharge all his
liabilities in full within 60 days from the receipt of the
aforesaid notice. The aforesaid Notice did not serve to the
defendant and therefore above said Demand Notice was
 Published in 2 News Papers namely Sunday Business
Standard and Vrittamanas on dated 08.12.2019, However
defendant failed to repay the above said amount.

30.06.2021 Applicant had sent legal notice through its Advocated on

dated 30.06.2021 & posted on dated 01.07.2021 and
Envelope returned with remarks Left.

The Defendant has accepted the liabilities of the applicant in

respect of the Home loan availed from Applicant and
promised to pay But in spite of the promises, the Defendant
failed and neglected to clear the outstanding dues of the
Applicant Bank.

Defendant left with no other option in continuation with the

proceeding under the said Act, The Applicant further states
that in the circumstances, the Applicant submits that they are
left with no alternative but to file the present application
against the Defendant to recover the dues from them. The
Applicant Bank states that in the aforesaid circumstances, the
overdue amount under the said Home Loan has become due
and payable jointly and severally by the Defendant
maintained by the Applicant bank in the usual and ordinary
course of Business Loan, as on a, sum of Rs. 33,74,824.85/-
(Rupees Thirty Three Lakh Seventy Four Thousand
Eight Hundred Twenty Four and Paisa Eighty Five only),
and outstanding under said Home Loan facility together with
interest at the contractual rate for the aforesaid Home Loan
facility. The Applicant further submit that the Defendant in
his capacity as borrower are liable to pay the Applicant the
amounts due together with interest at the rate of contractual
rate per annum till the date of realization. The Applicant is
entitled for the amount due & payable by the Defendant.
Hence this Application.

ACTS REFERRED
1. Recovery of Debts due to Bank and Financial Institution Act,1999

Anand Singh & Associates

Advocates for the Applicant
 Fact Sheet for Application filling at DRT (Original Application.)

SR. No. Note: Please Tick appropriate Option and provide details
in the Corresponding column Only
1. Select Area Police Station/District /Taluka
Jurisdiction
State Name Maharashtra
District Name Palghar
Ward
Police Station Name
Suit Amount

2. Particulars of Union Bank of India, Vasai East Branch

Applicant Palghar
Select Application Original Application
a. In case of Bank Union Bank Of India
IFSC Code UBINO561380
Authorized Officer Mr. Kundan Kumar
Name
Mobile No. of the
Officer
Email Id of the Branch
Address of the Branch Shop No. 19 & 20, Bldg. No. 1, Type RO,
Agarwal Nagari, Opp. to Fire Brigade,
Vasai East, Taluka Vasai, Palghar–401305,
Maharashtra.
Bank Head Office
Details
Head Office IFSC
Code
Phone No.
Email ID
Pan No.
Address of the Head 239, Vidhan Bhavan Marg, Nariman Point,
Office Palghar – 400 021
c. In Case of Institution
Institution Name Union Bank of India, Vasai East Branch
Authorized Person Mr. Kundan Kumar
Name
Mobile Number
Email ID
Address of Serving all Shop no .10, Sunshine, Commercial
Notices Complex, Station Road, Nallasopara(E),
Palghar.

State Maharashtra
District Palghar
 Pin Code 401303
Head Office Name Union Bank of India, Vasai East, Branch
Address of Head 239, Vidhan Bhavan Marg, Nariman Point,
Office Palghar – 400 021

Mobile No. 8114424341

Email Id bm2705@unionbankofindia.com
Pin Code 401303
3. Defendant Details MRS. SHAGUFTA FAHAD ZALERA &
ORS.
Select Borrower Type

d. In Case if Individuals
Full Name and Father MRS. SHAGUFTA FAHAD ZALERA &
or Husband Name ORS.
Pan No. AAYPZ5739P
Date of Birth 18.04.1982
Address C 1/206, Unique Park, Near D G Nagar,
Diwanman, Bassein Road, Vasai West -
401208, Palghar, Maharashtra.

4. Property Details
Select Asset Type Flat No. 101, 1st Floor, B Wing, Building
Type F, Sai Aangan, Pragati Nagar, New
Virar Nallasopara Link Road, Ostwal
Nagar Road, Village More, Nallasopara
East, Vasai, Palghar – 401209,
Maharashtra and bounded by:
East : Open Plot
West : Midas Enclave
North : Open Plot
South : Siddhivinayak Apartment

i. Types of Security
a. Plot Unit Flat No. 101, 1st Floor, B Wing, Building
Type F, Sai Aangan, Pragati Nagar, New
Virar Nallasopara Link Road, Ostwal
Nagar Road, Village More, Nallasopara
East, Vasai, Palghar – 401209,
Maharashtra and bounded by:
East : Open Plot
West : Midas Enclave
 North : Open Plot
South : Siddhivinayak Apartment

Evaluated Price
Nature of Property Flat
Plot ID Number
Survey Number/GAT
No. etc.
Full Address
Sellable Area

5. Payment Details
Select Payment Mode

a. In Bank Draft
Bank Branch Name
DD Number
DD Date
Amount in Rs.

b. In Postal Order
(IPO)
Post Office Name
IPO Date
Amount in RS.

c. In Bharat Kosh
Transaction No.
Transaction Date
Amount in RS.
Payment on Account
of
DDO code and DDO
Name
Challan No.
Submitted By (Name) Signature Date of Submission
 BEFORE THE HON’BLE DEBT RECOVERY TRIBUNAL – III
AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

(APPLICATION UNDER SECTION 19 OF THE RECOVERY OF

DEBTS, DUE TO BANKS AND FINANCIAL INSTITUTIONS
ACT, 1993)

UNION BANK OF INDIA APPLICANT

 VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

CERTIFICATE UNDER THE INFORMATION

TECHNOLOGY ACT, 2000

This is to certify that the enclosed printouts reflect the entries stored in the
Bank’s computer system and the brief description of the computer system
and particulars related to the computer system are as follows:

I. The Computer System of the Bank called FINACLE operates on Unix

(IBMAIX) operating system. The FINACLE is developed by INFOSYS.
The PCs are interconnected to one another and operates on control server.
II. Particulars of:
a) The safeguards adopted by the system to ensure that data is entered or any
other operation performed only by authorized persons:
Only authorized users having a separate User Profile and password can
only log into the system. The Users access to the system is also restricted
depending upon their User Profile.
b) The Safeguards adopted to prevent and direct unauthorized change of date.
The banking software has necessary in built system to take care of date.
The users cannot manipulate the respective date fields.
c) The safe guards available to retrieve data that is lost due to systematic
failure or any other reasons:
The backups are taken on daily basis.
d) The manner in which data is transferred from the system to removable
media like floppies, discs, tapes or any other electromagnetic data storage
devices;
e) The mode of identification in order to ensure that data has been accurately
transferred to such removable media;
The back is restored on a separate secondary unit regularly.
f) The mode of identification of such data storage devices:
The secondary data storage unit is by it a separate unit, Placed at a
different location.
g) The arrangements for the storage and custody of such storage devices:
All storage devices are located in fireproof chambers and the entry/access
to such chambers are restricted.
h) The safeguards to prevent and detect any tampering with the system:
The system is foolproof and cannot be tampered with.
i) The system and the software used in the bank is used by large number of
banks throughout the world. The system and the software are well known
in the market for reliability and accuracy.

This is to further certify that to the best of my knowledge and belief, the
computer system operated properly at the material time and that I was
provided with all the relevant data and printouts in question represents
correctly the relevant data.
 Place: Palghar Signature of Accountant/

Date: Branch Manager with seal.

BEFORE THE HON’BLE DEBT RECOVERY TRIBUNAL – III

AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

(APPLICATION UNDER SECTION 19 OF THE RECOVERY OF

DEBTS, DUE TO BANKS AND FINANCIAL INSTITUTIONS
ACT, 1993)

UNION BANK OF INDIA APPLICANT

 VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

CERTIFICATE UNDER SECTION 2A(b) OF THE

BANKER’S BOOK OF EVIDENCE ACT, 1891.

This is to certify that the Branch uses Core Bank Solution Software for
conducting the banking business which is net based the data is stored at
central Data Centre at Powai, Palghar Core Banking Solutions software
works on Finacle Platform.
A. Safeguards adopted by the systems to ensure that data is entered or any
other operation performed by authorized persons are as follows:-
i. Data can be entered or operation performed only by authorized persons
allotted unique User ID’s with passwords known only to the users only.
Encrypted passwords are stored in the systems.
B. Safeguards adopted to prevent and detect unauthorized change of data are
as flows:-
i. Use of the System is based on the rights and privileges granted to each
authorized user in the system.
ii. Transactions requiring authorization entered by one user in the system are
cleared/checked by another authorized official.
iii. All changes in customer profiles are entered using appropriate menus with
appropriate control for the amendments. Issue of the cheque books,
recording of stop instructions, interest rates is also similarly controlled.
iv. The daily transactions are printed in the Day Book for all accounts and
checked against relative vouchers/statements.
C. Safeguards available to retrieve data that is lost due to system failure or
any other reasons are as follows:-
i. A disaster Recovery site is located at Bangalore to meet any unforeseen
eventuality to recovery lost data.
D. Manner in which data is transferred from the system to removable media
like floppies, discs, tapes or other electro-magnetic data storage devices,
mode of verification and identification of such data storage devices and
arrangements for the storage and custody of such data storage devices are
as follows:-
i. The back up all data is stored at Banglore is labeled internally and
externally to identify the contents of the back-up.
E. Safeguards to prevents and detect the tampering with the system as
follows:-
i. Authorized users can only log into the system using their pass words
during working hours.
ii. An audit program checks for unauthorized tampering with the data.
F. Any other factor which will vouch for the integrity and accuracy of the
system are as follows:-
i. Appropriate anti-virus software is used for all its servers and systems as
per the policy of the Bank. To take care of power failure or erratic power
supply, UPS Systems are installed at the Branch. The computer systems
including printers and other systems are covered by appropriate Annual
Maintenance Contracts for carrying out repairs and maintenance work to
keep the systems running efficiency and effectively.
 Place: Palghar Signature of Accountant/

Date: Branch Manager with seal.

 BEFORE THE HON’BLE DEBT RECOVERY TRIBUNAL – III
AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

(APPLICATION UNDER SECTION 19 OF THE RECOVERY OF

DEBTS, DUE TO BANKS AND FINANCIAL INSTITUTIONS
ACT, 1993)

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

CERTIFICATE UNDER SECTION 2A(a) OF THE

BANKER’S BOOK OF EVIDENCEACT,1891 (as amended)

This is to certify that the statement of account for the period from
24.08.2017 to 29.06.2021 of MRS. SHAGUFTA FAHAD ZALERA &
ORS.-bearing A/c No.270530100001699 at the Vasai East Branch at
Palghar, where the account of the said borrower is maintained is a true
copy of the print out of data stored in Core Banking Solutions.

Place: Palghar Signature of Accountant/

Date: Branch Manager with seal.

 BEFORE THE HON’BLE DEBT RECOVERY TRIBUNAL – III
AT PALGHAR

ORIGINAL APPLICATION NO. OF 2021

(APPLICATION UNDER SECTION 19 OF THE RECOVERY OF

DEBTS, DUE TO BANKS AND FINANCIAL INSTITUTIONS
ACT, 1993)

UNION BANK OF INDIA APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ORS. DEFENDANT

CERTIFICATE UNDER SECTION 2A(c) OF THE

BANKER’S BOOK OF EVIDENCEACT,1891 (as amended)

This is to certify that to the best of my knowledge and belief, the computer
system operated properly as on the date of taking the print out of the
Account bearing No. 270530100001699 correctly represent the date
derived from the system at the Union Bank of India at Vasai East Branch,
for the period from 24.08.2017 to 29.06.2021.

Place: Palghar Signature of Accountant/

Date: Branch Manager with seal.

BEFORE THE DEBTS RECOVERY TRIBUNAL-II

AT MUMBAI
ORIGINAL APPLICATION LD. NO. 701 OF 2021
UNION BANK OF INDIA
….APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ANR

…..DEFENDANT

CERTIFICATE FOR NOTIONAL INTEREST IN NPA

ACCOUNTS

Certified that the interest at the rate of ____ % P.a. with yearly rests and 2

% interest for overdue period on overdue amount calculated on the

outstanding balance in the said account from 26.04.2021 to 31.05.2021

(date up to which interest has been included in the O. A. Claim recoverable)

not actually debited in the books in terms of the RBI directives vide No.

_____________________________________________ dated ________

and read with No. ___________________________________ dated

________.

Date:
Place: Mumbai Applicant

Branch Manager Vasai East

 BEFORE THE DEBTS RECOVERY TRIBUNAL-II
AT MUMBAI
ORIGINAL APPLICATION LD. NO. 701 OF 2021

UNION BANK OF INDIA ….APPLICANT

VERSUS

MRS. SHAGUFTA FAHAD ZALERA & ANR

…..DEFENDANT

NPA CERTIFICATE

This is to certify that the account of Mrs. Shagufta Fahad Zalera with us declared

as NPA on 26.04.2021. We have filed the captioned Original Application (O. A.)

before this Hon’ble Tribunal Recovery of outstanding dues.

Date:
Place: Mumbai Applicant

Branch Manager Vasai East