an application by banks/financial institutions to debt … · 2020. 11. 17. · sarfaesi act 1 an...

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SARFAESI ACT 1 AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT RECOVERY TRIBUNAL UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO RECOVER DEBT For use of Tribunal's Office Date of Filing: Date of Receipt by Post: Registration No. Total Claim: Rs. D.D. amount towards Court fees: Rs. Demand Draft No. BEFORE THE DEBTS RECOVERY TRIBUNAL – ____ AT _______ ORIGINAL APPLICATION NO. OF 20____ (Application under Section 19 of the Recovery of Debts due to Bank and Financial Institutions Act, 1993) ___________________________ , ) a Banking Corporation Constituted ) under the provisions of __________ ) ______________ and having one ) of its local head office at ________ ) ___________________________ ) ___________________________ )

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Page 1: AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT … · 2020. 11. 17. · SARFAESI ACT 1 AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT RECOVERY TRIBUNAL UNDER SECTION

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AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT RECOVERY TRIBUNAL UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO RECOVER DEBT For use of Tribunal's Office

Date of Filing:

Date of Receipt by Post:

Registration No.

Total Claim: Rs.

D.D. amount towards Court fees: Rs.

Demand Draft No.

BEFORE THE DEBTS RECOVERY TRIBUNAL – ____ AT _______

ORIGINAL APPLICATION NO. OF 20____

(Application under Section 19 of the Recovery of Debts due to Bank and Financial Institutions Act, 1993)

___________________________ , )

a Banking Corporation Constituted )

under the provisions of __________ )

______________ and having one )

of its local head office at ________ )

___________________________ )

___________________________ )

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___________________________ )

one of branch office at )

___________________________ )

___________________________ )

through its Principal Officer __________ ) …Applicant

Versus

1. _________________________, )

of ____________, Indian Inhabitant )

having address at )

_______________________________ )

_______________________________ )

2. ________________________________ )

carrying on business as Proprietor of)

M/s. ________________________, )

______________________________ )

having address at )

_______________________________ )

_______________________________ )

3. _______________________________, )

having address at ______ Branch, )

_______________________________ )

_______________________________ )

4. _______________________________ )

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having address at )

_______________________________ )

_______________________________ )

5. _______________________________, )

having address at )

_______________________________ )

_______________________________ ) …. Defendants

1. PARTICULARS OF THE APPLICANT

(i) Name of the Applicant : _______________ _______________

(ii) Address of the Applicant : As mentioned in the cause title above.

(iii) Address of services of all : As mentioned in the cause notices title above.

2. PARTICULARS OF DEFENDANTS:

(i) Name of the Defendants : 1. ______________________

2. ______________________

3. ______________________ 4. ______________________ 5. ______________________

(ii) Address of : As mentioned in the cause Defendants : title above. (iii) Address for : As mentioned in the cause

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service of all notices : title above.

3. JURISDICTION OF TRIBUNAL:

The Applicant declares that the subject matter of recovery of

debts dues are more than Rs. 10 lakhs fall within the jurisdiction of this

Hon’ble Tribunal. The payments due and payable by the Defendants in

respect of credit facilities granted to Defendant No. 1 are to be made at

Applicant’s branch at ___________________________________________ and the

mortgaged securities are situated at ____________ within the jurisdiction of

this Tribunal and also the Defendants are residing and carrying on business

or works for gain within the jurisdiction of this Hon’ble Tribunal. The

Defendants are liable to repay the amount due under the said various facilities

with interest, cost, charges and expenses at the said _________________ Branch

of the Applicant. Therefore, the entire cause of action has arisen at the said

_________________ Branch of the Applicant, which is situated within the

jurisdiction of this Hon'ble Tribunal and therefore this Hon'ble Tribunal has

jurisdiction to try, entertain and dispose of the present application.

4. LIMITATION: -

The Applicant submits that Defendants had lastly executed

various security documents on ______________, which contribute written

promises and agreements on the part of Defendants and hence this

Application is within the Limitation prescribed for under Section 24 of the

Recovery of Debts due to the Banks and Financial Institutions Act, 1993.

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