12.02.

2020
FROM
M/s. Equitas Small Finance Bank Limited
4th Floor, Phase-II, Spencer Plaza,
769, Anna Salai, Chennai,
Tamil Nadu – 600 002.
Rep by its authorised Signatory,
Mr.___________

To
1. The District Collector,
Office of the District Collector,
Thiruvarur District

2. The Revenue Divisional Officer,

The ReveDivisional Office,
Mannargudi, Thiruvarur District.
Respected sirs,
Sub: Request you to take the physical possession of the below
Mentioned Scheduled property as per the order of the District
Collector dated 09.10.2019-reg

1. I am the Area Manager of the bank. I submit that the bank is a Public

Limited Company (formerly known as Equitas Finance Limited) now the

name has been changed to Equitas Small Finance Bank Limited,

incorporated under the Indian Companies Act, 1956 and having its

Registered and Head Office at Chennai and also having branch Office at

No.106, Ground Floor, Sarangapani Street, Kumbakonam Branch,

Thanjavur District- 612 001.

2. I submit that we are doing finance business, providing loan to persons

who are in dire need of money. I submit that in the course of our

business, Mrs. Thilagavathi and Mr. Muruganathan approached us for

 the loan against the property. I submit that based on the production of

the documents and after due verification, the loan has been disbursed

to Mrs. Thilagavathi and Mr. Muruganantham for the tune of

Rs. 90,00,000/- in the year 2014 to him vide loan Agreement No.

VLPH-TRC-0000571 and should be repaid in 180 monthly equated

instalments.

3. I submit that for the security of the loan, Mrs. Thilagavathi and Mr.

Muruganantham has mortgaged the property of land together with

building thereon, comprised in R.S. No. 142/5B with an extend of 2

Cents or 871.20 and UDR S.No. 142/5B (Old R.S. No.142/4) (as per

Revenue Record S.No. 142/5B) measuring with an extent of 2907 Sq.Ft

admeasuring with an extent of 3778.20 Sq.ft situated at

Thiruthuraipoondi Town Municipality, Thiruthuraipoondi Taluk.

4. I submit that Mrs. Thilagavathi and Mr. Muruganatham has committed

default in repaying the monthly Instalments, and the loan account was

declared as NPA in the year 2017. I further submit that we have

initiated the SARFAESI proceedings against the scheduled mentioned

mortgaged property as per the terms and conditions of the Loan

Agreement.

5. I submit that we have filed the Sec.14 Application of the SARFAESI Act,

before the District Magistrate/District Collector, Thiruvarur. I further

submit that on perusal of the documents filed before the District

Magistrate/District Collector. The District Magistrate/District Collector.

after satisfying that the petitioner bank taken steps contemplated

under section 13 of the SARFAESI Act and ordered to take physical

 possession of the schedule mentioned property on 09.10.2019. I further

submit that and the direction has been issued to the Revenue

Divisional Officer to take the physical possession of the property within

a period of 30 days from the date of issue and file a compliance report.

6. I submit that as per the direction of the District Magistrate/District

Collector, the Revenue Divisional officer proceeded further to take the

physical possession of the property on 04.11.2019. I further submit

that while taking the physical possession of the schedule mentioned

property, Mrs. Thilagavathi and Mr. Muruganantham, sought two

weeks’ time to seek an alternative place for their survival and also the

tenants M/s. Sundaram Finance Ltd and other Tenants were occupied

in the first floor of the schedule mentioned property sought weeks’ time

to search for an alternative place for their business, as per the request

of Mrs.Thilagavathi and Mr. Muruganantham and the Tentants , the

Revenue Divisional officer has granted two weeks’ time to take the

physical possession of the first floor and the part of the Ground floor. I

further submit that the part of the Ground floor which is commercial

rented building has been taken possession by the Revenue Divisional

Officer and hand over to the Petitioner bank on the same day.

7. I submit that in the meantime, Mrs. Thilagavthi and Mr.

Muruganantham has approached the Hon’ble High Court of Madras

under Writ Jurisdiction to issue the Writ of Certiorarified Mandamus to

call for records of the 2nd of you by its proceedings Na.Ka. No.

1086/2019/A3 dated 04.11.2019 in consequential order of the 1st of

you by its proceedings R.C. 499/2019/C2 dated 09.10.2019 and to

 quash the same in WP.No. 33742 of 2019. I submit that the Hon’ble

Madras High Court on 17.12.2019 has dismissed the above said Writ

Petition.

8. I submit that after the period of two weeks, with the assistance of the

Revenue divisional officer petitioner bank approached the

Mrs. Thilagavathi and Mr. Muruganantham for taking the possession,

but at that the same time they both occupied the entire building and

refused to vacate the premises and the hardship has been caused to

the petitioner bank for not taking the physical possession of the

schedule property and irreparable loss to the petitioner bank.

9. I submit that since the order dated 09.10.2019 of the District Collector

has not complied so far, now we have approached both the District

collector and the Revenue Divisional Officer to execute the order dated

09.10.2019, but no action has been taken against our request, it is

necessary for us to give a detailed representation on this behalf.

I therefore request you good esteemed office to take physical

possession of the scheduled mentioned property as per the order dated

09.10.2019 of the District Collector with the assistance of the Deputy

Superintendent of police, Thiruthuraipoondi and hand over to the

petitioner bank .
 SCHEDULE OF THE PROPERTY

All the piece and parcel of the property of land together with building

thereon, comprised in R.S. No. 142/5B with an extend of 2 Cents or

871.20 and UDR S.No. 142/5B (Old R.S. No.142/4) (as per Revenue

Record S.No. 142/5B) measuring with an extent of 2907 Sq.Ft

admeasuring with an extent of 3778.20 Sq.ft situated at

Thiruthuraipoondi Town Municipality, Thiruthuraipoondi Taluk.

Thanking you,

Yours,

Authorised officer
Equitas Small Finance Bank Limited