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The applicant has submitted a request application to recall an order issued by the District Magistrate Dehradun on December 3, 2011 under Section 14(1)(2) of the Sarfesi Act regarding agriculture land for the following reasons: [1] The applicant had regularized the loan account with The Jammu & Kashmir Bank Ltd. on December 28, 2011 by paying all outstanding dues and the bank issued a certificate stating the account was standard. [2] The Sarfesi Act is not applicable to agriculture property according to Section 31(i) of the Act as supported by the SDM Rishikesh. [3] No charge can be initiated under the Sarfesi Act

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49 views1 page

To

The applicant has submitted a request application to recall an order issued by the District Magistrate Dehradun on December 3, 2011 under Section 14(1)(2) of the Sarfesi Act regarding agriculture land for the following reasons: [1] The applicant had regularized the loan account with The Jammu & Kashmir Bank Ltd. on December 28, 2011 by paying all outstanding dues and the bank issued a certificate stating the account was standard. [2] The Sarfesi Act is not applicable to agriculture property according to Section 31(i) of the Act as supported by the SDM Rishikesh. [3] No charge can be initiated under the Sarfesi Act

Uploaded by

ankurk124
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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To, The District Magistrate Dehradun

Dated : 24 Sep 2012

Subject:- Request application to recall your order dated 03.12.2011 issued under section 14 (1)(2) Sarfesi act on agriculture land on the following grounds. Sir, With due respect this is to inform you that The Jammu & Kashmir Bank Ltd. Dehradun Branch had intiated the charge of SARFESI against the applicant/ undersigned. The bank in compliance of taking charge of property had made and application undersection 14 (1) & (2) for taking over the possesion and control of secured asset that is property situated at khasra no. 3983 measuring 14707 sq. ft. Mauja, Majri Grant, Teh. Rishikesh Distt. Dehradun. The applicant had taken a loan from The Jammu & Kashmir Ltd. Dehradun branch by hypothicating the property in question. The applicant/undersigned being a bonafide borrower had regularised the said loan account on dated 28 Dec 2011 depositing its outstanding dues for which the bank had issued a certifiate to this effect that the account is regularised and standard and said loan is free from clutches of NPA and is catergorised as standard asset in the books of bank (Annexure No. 1 attached) but the bank nefarousily did not move and application to recall your order dated 03 Dec 2011 where by your goodself had ordered undersection 14 of sarfesi act to take over the charge of the property (Annexure No. 2 attached). Moreover the bank had wrongly and by misleading your goodself issued a sarfesi proceedings against the agriculture property on which the sarfesi act is not applicable as per section 31(i) of the act and as supported by S.D.M Rishikesh vide his letter dated 27 Feb 2012 (Annexure No. 3 attached) and no charge of sarfesi is intiated over the agriculture property as per the judgement of the Madras H.C in the case of G.V Films Ltd. Vs Indian Bank and others (Annexure No. 4 attached) but bank who is too clever by its act had concealed this fact in its application presented before you undersection 14 (1) & (2) for taking over the charge of property. Therefore it is prayed and requested before your goodself in the intrest of law and justice to recall your order issued undersection 14 (1) & (2) dated 03 Dec 2011 and oblige the applicant and undersigned which was malafidely obtained by the concerned bank by concealing the facts before your goodself.

Thanking You

Yours Sincely

Sanjeev Lal S/o Late Capt. Chaman Lal R/o 60/4 Ansari Marg, Dehradun

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