/

lndiabuffs
HOUSING FINAN CE

THROUGH COURIER /SPEED POST wne A..D./EM AIL

Rd.: 14372/ BB'LlttJL 00389528

Date: 04 October. 2019

L RADBA KIJIIARJ CHATTE RJEE

87 SAfi.BII BOY ROAD,
IIUBICIPAL CORPORATIOII, BFBAJA
SOUTH 24 PARGAIIAS
KOLKAT A 700034
WESt BF.BGAL

ALSO AT:-
RADHA KDIIARI CHA'M"ERJEE
JAMPm K
SOU tH .B&STERJI RAILWAYS RAILWAY
SERVICB ILQ
IIEW KODAGB ATA BUllJ)lllG
STRAM> ROAD, KOLKAT A-700001
WEST BFJIGAL

AUiOA~ -
RADHA KDIIARI CBA'M"ERJEE
FLAT A/D, 3RD FLOO~ SOUTH .FACDIG, BUILDDIG,
8SAffTI APAR.T.14ElfT8 PREMISE S 79. WARD 110.
1241SHAHID PUR1IEIIDU llAGAR, DA.SPARA ROAD,
DISTRIC T SOOTH 24 PAR.GAJIIAS, P.S ~
KOLKAT A MUNICIP AL CORPORATIOJI, (D.B ROAD-JI .
SARNI (WARD 124), KOLKAT A 700063
~BENG AL

2_ VIBAKA .~DA CHATTE RJEE

87 SATrEft ROY ROAD,
IIUliICIP AL CORPORATION, RRRALA
SOOTH 24 PARGANAS
KOLKAT A 700034
~BEN GAL

ALSO AT~-
VIBAK..~V AND.-\ CHA1TERJE E
SECURI' r" PRINTING IIDITIIIG CORPORATION OF IIIDIA
LIMJTED,
INDIA GOVT., MINT AUPORE~ DIAMOND HARBOUR
ROAD, ALIPORE,TARATOLA
KOLKAT A-700056
WEST BENGAL
 lndiabulls
ALSO A~-
VlDAKAMARDA CUAT'J'ERJEE
YLAT A/D, 3 8 FLOOR, SOtJTH JACUIO DDTLDUtG,
--sAJ1T1 APAR nmlfr Pnm.1 1sa 79, WARD wo.
124,BJWJID PURNENDU lfAGAR.. DASPARA ROAD,
DISTJUCT SOUTlf 24 PARGANAS, P..S 1'UAIWR.PUBUJ1,
JCOLKATA MUNICIPAL CORPORATIOIJ, fD,B ROAD..JL
&ARNI (WARD 124), KOLKATA 70006 3
WEST BENGAL

Subject: NOTICE UN:DEJ~ SECTION 1312J OF Tl l~

SECURITJSATION AND RECONSiROCTJON OP
EJNANC'IAL ASSETS AND ENFORCEM~NT OF secUR l7Y
INTERE'S'r ACT, 2002 t'bhe AcL"l

Re.: Loan Account No. HHLK OL003 89528 for an am.aunt of

Ra. 20,05, 531/-( Rupee i Twent y Lakb Five Thou.sand Five
Hundred Thirty One Only)

I, being the Authorized Officer of JndiabuJls Housing Finance Llmiled

having its Regisl.cred Office al M-62 & 63, First Floor, Conna ughl
,
Place, New DcJhi-1J0001 and Co-rporaLe Office at JndiabuJls House
448-451, Udyog Viha.r, Phase-V, Gurugram-12.2016 (HARYANA)
(hereinafter referred to as "the Secured Creditor"}, serve upon you
the presen L notice as f.ollows:

1. That you lhe Addressee Nos. J and 2, approa ched the Secure d
Creditor for grant of a loan agains t securit y of, inter
al.ia,morlgage of Property/(ies) being 3RD FLOOR FLAT A/D,
SOUTH FACING BUILDING,, "SANTI APARTMENT"
PREMISES 79, WARD NO. 124, SHAH ID PURNENDU NAGAR,
DASPARA ROAD, DISTRICT SOUTH 24 PARGAIIAS, P.S.
THAKURPUKUR, KOLKA1A MUNICIPAL CORPORATIOll,
(D.H ROAD..JL SARNI (WARD 1.24), KOLKATA 70006 3 WEST
BENGAL [more parlicuJar1y described in SCHEDULE atlach ed
hueoo]fhereinafter referred Lo as •Se.c.ure.d Asset,, and
submi tted an a.pplicati,on form furrushing various details a.s
more particuJarJy sta. led therein

2. Thal acceding to yc,ur requr:s1, th~ Secured Creditor sanctio ned

Lhe Loan of/upt.o Rs. 20,05 ,531/- fRupe~cs Twent y Lakh Five
Thousand Five Hundred Thirty One Only) being Loan
Account No. HHLK OL003 89528 on the terms and conditions
contained in lhe Loan Agrccrnent dated 30.. 11.201 7 and the
other Loan Documents (includ ing docu1nents relating LO the
security) execuled b)1 you in the capacity of the Bo,rrower(s)/Co-

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lndiabuf/s
[3orrov:cr(s)/Obhgot1s) ~'ilh/in favour of/for the benefit of the
$t"ctU!Cd Crodilior. As peir the Loan Agreement,. lhe Loan fod~ily
was repa~bk in 180 Equaled Monthly insooUmonts reM1s•1
and t.he EMI wGs to be ca]ndated aflcr la.king interesl Gl the
JHFl.rlMLR (es defined in the Loan Agreement~ of the Secuircd
Creditor as tho bmse (which was al the time of execution of Loan
Agreement was 9.00 % p.a.) minus margin {being -0.65 % p.o.)
aggregating @ 8.35 % p.a., applicable al that poinl of time~
which rate of interest v.ras however variable in nature. On
account of variation in rate of interest, the EMls, in value or in
number, were liable to be changecL U was agreed upoo in the
said Loan Agreement that timely payment of the equated
monthly instrulments shail be the essence of the agreement and
in t¾1e event of default in payment of EMls. besides other
consequences, defaurlt interest, in terms of the Loan Agreement,
shall be levied. In addition, you, the Obligors also executed
other loan and security documents such as Dem~d Promissory
Note, Declaration etc. in favor of the Secured Creditor.

3. That in terms of the said Loan Agreement, you the Addressee

Nos. l and 2, with an intention to create security interest in
respect of Secured Asset, had inter-alia deposited Title
documents of Secured Asset, \.vilh Lhe Secured Creditor and
executed a Declaration in this regard

4. That in terms of the Loan Agreement, the Secured Creditor

disbursed a sun1 of Rs. 20,05,531/-(Rupees Twenty Lakh
Five Thousand Five Hundred Thirty One Only)

5. That ho\vever, you the Addressee Nos. l and 2, have committed

breach of the tenns and conditions of the Loan Agreement by
inter-a!ia defaulting in payn1enl of equated monthly
instaflments due and payable by you to the Secured Creditor,
under tihe Loan Agreemenl ~

6. That as dle interest and/ or installmer.it of principal has

remained overdue for a period of more than 90 days, your
account has been cl Rs • f: j by the Secured Creditm· as a Non-
Performing Asset (NPA} on 04.10.2019; in accordance with the
Prudential guidelines issued on Lhe Assets Classification by the
Regulatory Body.

1. That on account ef aforesaid default in repay1nent of the Loan

facility, which amoun Led Lo an event of default in tern1s of Loan

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 Indiabuffs
Agrttn·>rnl 1.hc-~IJy ent,itlirng the Secured Crro~lor 1:0 reca1U the
t,oan FndUl)' 5anc.tJoned to you

a As per lhe Sta(emcnl of Account molntalncd by lhc SeC'Ured

Credit-or in ordinary -onurse or bus1ncss, a t.otol b;.i;loncc
outstandin g nmounl of Rs. 20,05,980 /· ( Rupco1 Twenty Lakh
Five Thousand Nine Hundred Eighty Only) by way of
Qutslandin g Principal, Arrears ~ncluding accrued lale charges)
ond interest tiill 04.10.2019 is due ond payable by you oJong
"1th orpplicab'le fu\ture interest in terms of the Joan agreement
w◄e..f. 05.10.2019( Outstnnding Amount"). In addition lo Lhe
11

Outstanding Amount. you are also liable Lo pay interest, Penal

interest, Cheque Bouncing Charges, Cost and other Charges
due in future till the entire Outstandin g Amount Is paid. You,
all lhe Addressees being tl1e Borrower/ Co Borrower(s) ore
join tJy, severally and co-extensively liable lo pay the
' d.
Outstandin g Amount Lo U1c Secured Cre it.or.
9. That Government of India in exercise of the powers conferred
by sub- clal.lsc (iv) of clause (1n) of sub-sectio n (1) of section 2 of
the Securitisat ion and Reconstruction of Financia) Assets and
Enforcement of Security Interest Act, 2002 (54 of 2002), vide
notification No. F.. No4 I/ l /2006-BOI dated 19.09.07 of
Departmen t of Financial Senrices, Ministry Of Finance,
Govern1nenl of India has classified "lndiabulls Housing Finance
Limited .. ", having its Registered Office at F-60, Malhotra
Building, II Floor, Con naught Place, New De·lhi-11000 l (now at
M-62 &63, First Floor, Connaugh l Place, New Delhi-110001) as
'Financial lnstitulion ' for Lhe purposr~. of the said Act

10. That in view of aforesaid default and classification of account as

Non-Performing Asset, the Secured Creditor by means of the
present notice, do here.by reca.U the Loan Facility and call upon
all of you Obligors/ Borrowers to jointly and severa11y pay the
Outstandin g Amount of Rs. 20~05,980 /- (Rupees Twenty
Lakh Five Thousand Nin~ Hundred Eighty Only) as on
04.10.2019 along with applicable Juturc interest in tenns of the
loan agreement w.e..f. 05.10.201 9 till actual dale of payment
within 60 {sixty) days from Lhe dale of receipt of this notice,
together with any interest, penal interest, Cheque Bouncing
Charges, cosl and other charges which 111ay fall due, failing

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 lndiabu s
.
which the Secured Creditor will exercise its power provided
under the Act.

11. Please n~te that U1is nolice is being issued under Section 13(2)
of the said Act. Please also note that upon failure on your part
to comply with the demand contained in Lhis notice, I lhc
undersigned, on behalf of the Secured Creditor shall be entitled
to exercise all other rights as mentioned in the sub-section 4 of
Lhe Section 13 of the said Act, which will include one or more of
the following measures as applicable, to recover secured debt of
the Secured Creditor, namely:-
a) Take possession of the Secured Assets of the borrower
including the right to transfer by way of lease, assignment
or sale for realizing the Secured Asset;

b) Take over the management of the business of the

borrower including the right to transfer by way of lease,
assignment or sale for realizing the Secured Asset;

c) Appoint any person (hereafter referred to as the manager),

to manage the Secured Assets the possession of which
has been taken over by the Secured Creditor;

d) Require at any time by notice in writing, any person who

has acquired any of the Secured Assets from the borrower
and from whom any money is due or may become due to
lhe borrower, to pay the Secured Creditor, so much of the
money as is sufficient to pay the secured debt

12. Please note that in terms of the provisions of sub-Section (8) of

Section 13 of the SARFAESI AcL, a borrower can tender the
entire amount of outstanding dues together with all costs,
charges and expenses incurred by the Secured Creditor only till
the date of publication of the notice for sale of the secured
asset(s) by public nu,:,ti,y1 by inviting quotations, tender from
public or by private treaty: Further it may also be noted that in
case the Borrower fails to redeem. Lhe secured asset within
aforesaid legally prescribed Lime frame, Borrower may not be
entitled to redeem the property.

13. You are further cautioned Lo note that as per Section 13(13) of
the said Act, you are restrained/ prohibited from disposing off or

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 lndiabu s
d.eailing with the above-secured assets or Lranu'p-rr'Ing v1 WMy .0f
h.,
ll71-~
se IDf
sale, 1lease or other\vise (ol!her than in the ordinary cour
wri1ten
business) any of the abeve Secured Asset, wi.thout prior
with ~he
oonsen t fr.om us. We may a.Gld that non-G0mpl1a.nc.e
said Act, is
above provision contained in Section I 3( 13) of ~he
an ofifence punishable uneer Section 29 of the said AcL
without
14.. Please aJso note that this notice is being sent to yow
including
prejudice to other rights and r.em.edies available to us
any Court
1nitiat3on of the appr0priate ~ega) proceedings before
of the
of competent jurisdiction and/or Tribunal fnr recovery
above said out.slanding amo unt. This notice
is also without
ecution of any
prejudice to sur right for unde rtaki ng tlle pros
l!he Negotiable
complaint filed by us unde r S.ection 138 of
of dishGRor of
Instr ume nts Act, 1881, as ame nded on acco unt
cheques, if any.
the dem and unde r this
You are t:herefoFe called upon to comply wit:h
notice and to avoid furth er action unde r
the Securitisation and
rcement of Security
Reconstruction of Financial Assets and Enfo
and consequences, OF
Inter est Act, 2002., which shall be at your cost s
WHICH PLEASE TAKE NOTICE.
red Creditor at e-mail:
You may cont act Authorized officer of the Secu
Office at lndiabulls
authori.zeaofficerw}indiabulls.co.m or at Corporate
- 122016, for aray
House., 448-451, UGlyog Vihar., Phase-V, Guru gram
yeur end~
clarification and/ or compliance of th.is notice at

Yours Truly,

For lndiabulis Housing Finance Ltd.

Pqe Gof 7
235163 ·
 lndiabu s
SCHEDULE-A
re d Au et j
CD esc ,ip tio n of th e Se cu
FL OO ~
A FL AT A/ D (S OU ffl FACilfGj, AT TH E 3,m
ALL THAT
OO IO I0 1'
61 0 SQ . FT ., SD PEJl BU ILT UP AR.EA,
MEASORIIIG
SI TU ATED l1f TH E PREMISES 79 ,(S AH ID
AREA 12 4 SQ . FT .,
3 A11D
U JIA GA R) , lfO RT H FACING PARTLY STRAIGHT
PURJfEJW
S1 i'L E
ST OR IE D BU ILDING, 0ll DE R TH E llAIIE A11D
PARTLY Gf-3
OT OF LA lfD
TI AP AR TM EN T,, CO NSTRUCTED ON TH E PL
"SAN AK S, ,
UR TE EJ I) Cl :D Tr
UR .U IG AB OU T l(O lfE J CO TT AR S 14 (FO
l!IE AS P IO . 60
OR E OR LE SS OF HO ME ST EA D IA JID Ill E/
21 SQ . FT ., .H
RBA BARISHA 110. 23. P.S.

20 2l (P ), Ilf IIO UZ A PU
J.L

Df R..S 1'0.

fAS, SO B
DI TH E DI S1 1U CT so ur a 24 PARGAl
T~ A
FI CE AL IP OR E OJWDER TH E KDLKAT
REGISTRA TI ON OF
DI IIG TH E
L CO RP OR AT IO N, WARD NO. 12 4, DI CW
MUlfICIPA W lff l
E OF LA.lVD TO GE 'l'H ER
IMPIRTI AB LE SH AR
IS ES OF 79 ,
TI ON AT E SH AR E IN TH E CO MP RI SE D PR EM
PROPOR
RN EN DU NA GA RJ wr rH JR TH E SU B
US LY SA HI D PU
(P RE VIO
BENGAL,
TIO N OF FI CE AL IPO RE , KOLKATA ,W ES T
REGISTRA
:-
BU TT ED IN TH E FO LW W IN G MA NN ER

A'S HO US E
SI U .NIRAlVJAlf DU TT
ON THE NO RT H

12 FT . WI DE RO AD
ON TH E SOfJTH :

ON TH EE AB T
.. 12 FT . WI DE RO AD

ON TH E WEST
.. RO US E QF SB RI MV NN
A SU TA R.

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