Disposed

Mr Abdul Jalil v. Iifl Home Finance Limited

DRT11 Mar 2025SA/338/2024

Case brief

AI extract

What is this about?

The Tribunal directed the Respondent to file a detailed affidavit clarifying discrepancies in possession notices and the description of properties under Section 14. Possession is stayed without Tribunal leave pending explanation and return of this order for fresh hearing.

What did the court decide?

Directing the Respondent to file a 9-point affidavit explaining discrepancies and possession notices within 15 days; staying possession of secured property; listing for return of order.

Case No.SA/	338/2024 MR ABDUL JALIL Vs IIFL HOME FINANCE LIMITED	Office action with
Date of the Order	Order with Signature	date and dated Signature of Parties when necessary
11/03/2025	Ld. Counsel Mr. Snehasish Chakraborty appears for Sarfaesi Applicant. None appears for Respondent F.C. Ld. Counsel for Sarfaesi Applicant moves IA/562/2025 by Put Up petition IA/561/2025 challenging the order of Ld. ACJM – Chandanangore dated 18/11/2024 contending that the order of Ld. ACJM has not been served upon the applicant borrower and relied upon the authority of Hon’ble High Court of Allahabad in Shipra Hotels vs. State of U.P. and 3 others para 52 in which the Hon’ble High Court observed that the order of CMM/DM has to be served upon the borrower in advance before taking any steps for his forcible dispossession. Ld. Counsel for Applicant further contends that the order of Ld. ACJM does not speak of the outstanding claim amount, demand notice and outstanding amount at time of filing application, date of NPA and notice under section 13(2). It is further submitted that 2 possession notices was issued by the Respondent F.C.; one dated 09/05/2024 and the other dated 29/09/2024. Besides, Ld. Counsel for Applicant pointed out some discripancies in the description of the properties in the demand notice and in the order of Ld. ACJM. Ld. Counsel for Applicant relied upon the authority of Hon’ble High Court of Calcutta in Krishna Builders and Developers and Another vs. Shriram Housing Finance Limited

Case No.SA/

338/2024
MR ABDUL JALIL
Vs
IIFL HOME FINANCE LIMITED

Office action with

Date of
the Order

Order with Signature

date and dated
Signature of
Parties when
necessary

11/03/2025

Ld. Counsel Mr. Snehasish Chakraborty appears for
Sarfaesi Applicant.
None appears for Respondent F.C.
Ld. Counsel for Sarfaesi Applicant moves IA/562/2025 by
Put Up petition IA/561/2025 challenging the order of Ld. ACJM –
Chandanangore dated 18/11/2024 contending that the order of
Ld. ACJM has not been served upon the applicant borrower and
relied upon the authority of Hon’ble High Court of Allahabad in
Shipra Hotels vs. State of U.P. and 3 others para 52 in which
the Hon’ble High Court observed that the order of CMM/DM has
to be served upon the borrower in advance before taking any
steps for his forcible dispossession.
Ld. Counsel for Applicant further contends that the order
of Ld. ACJM does not speak of the outstanding claim amount,
demand notice and outstanding amount at time of filing
application, date of NPA and notice under section 13(2). It is
further submitted that 2 possession notices was issued by the
Respondent F.C.; one dated 09/05/2024 and the other dated
29/09/2024.
Besides, Ld. Counsel for Applicant pointed out some
discripancies in the description of the properties in the demand
notice and in the order of Ld. ACJM.
Ld. Counsel for Applicant relied upon the authority of
Hon’ble High Court of Calcutta in Krishna Builders and
Developers and Another vs. Shriram Housing Finance Limited

Date of the Order	Order with Signature and Another regarding satisfaction of the Magistrate. Sarfaesi Applicant has served notice to the Respondent F.C. and Ld. Counsel for Applicant files affidavit of service along with postal track report which speaks that service of notice is effective. Ld. Counsel for Applicant separately files notice issued by the Respondent F.C. to vacate the property on or before 25/02/2024 on or before 25/02/2025 failing which the F.C. would proceed as per law to take possession. Heard. Peruse the order of Ld. ACJM. Ld. ACJM has not recorded the claim by the Bank at the time of issuance of demand notice and there was no mention of date of demand notice and possession notice. It is submitted by the Applicant that there are two possession notices. Section 14 speaks of affidavit deposed by the Aurhorised Officer of the Bank to be filed before the Magistrate. The said affidavit is required for consideration whether the Ld. ACJM expressed satisfaction on the affidavit and passed order. Respondent F.C. is directed to file 9 point affidavit and explain by affidavit about two possession notices and discripancies regarding description of properties within 15 days with copy to the Applicant who may their reply within 7 days thereafter.	Office action with date and dated Signature of Parties when necessary
	List this matter for hearing of IA/565/2025 on 03/04/2025. Respondent F.C. is directed not to take possession of the

Date of
the Order

Order with Signature
and Another regarding satisfaction of the Magistrate.
Sarfaesi Applicant has served notice to the Respondent
F.C. and Ld. Counsel for Applicant files affidavit of service along
with postal track report which speaks that service of notice is
effective.
Ld. Counsel for Applicant separately files notice issued by
the Respondent F.C. to vacate the property on or before
25/02/2024 on or before 25/02/2025 failing which the F.C.
would proceed as per law to take possession.
Heard.
Peruse the order of Ld. ACJM. Ld. ACJM has not recorded
the claim by the Bank at the time of issuance of demand notice
and there was no mention of date of demand notice and
possession notice. It is submitted by the Applicant that there
are two possession notices. Section 14 speaks of affidavit
deposed by the Aurhorised Officer of the Bank to be filed before
the Magistrate.
The said affidavit is required for consideration whether
the Ld. ACJM expressed satisfaction on the affidavit and passed
order.
Respondent F.C. is directed to file 9 point affidavit and
explain
by
affidavit
about
two
possession
notices
and
discripancies regarding description of properties within 15 days
with copy to the Applicant who may their reply within 7 days
thereafter.

Office action with
date and dated
Signature of
Parties when
necessary

List
this
matter
for
hearing
of
IA/565/2025
on
03/04/2025.
Respondent F.C. is directed not to take possession of the

Date of
the Order

Order with Signature

Office action with
date and dated
Signature of
Parties when
necessary

secured property without leave of the Tribunal.
Sarfaesi Applicant is directed to serve copy of this order
on the Respondent F.C. and file Affidavit of Service.

(Ambuja Mohan Das)

Presiding Officer

Mr Abdul Jalil v. Iifl Home Finance Limited

Case brief

What is this about?

What did the court decide?

Mr Abdul Jalil v. Iifl Home Finance Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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