submitted that in the aforesaid Letter of Confirmation, the Borrower has deposited two numbers of Original Conversion Receipt(s) i.e. 613951 dated 31.03.2003 and 367775 dated 16.012008 which shows that the Borrower has already filed with the competent authority for conversion of the Kissam of land from Jalasaya to Homestead. Thus the aforesaid documents clearly indicate that the said property is used as homestead land instead of pond. Further, the Borrower has executed an affidavit dated 14.12.2007 before the Notary Public, inter-alia stating that he wants to create equitable mortgage in respect of the said property and that he is the owner and in possession of the said property and holds clear and marketable title over the said property. Further, he has stated to submit the original conversion ROR after obtaining the same from Tehsildar, Sadar, Cuttack. As such, sale of Jalasaya property is not expressly barred under section 31 of the SARFAESI Act and the State of Orissa has not carried out any State amendments w.r.t. the same. Thus, we would like to submit that the Borrower in order to confuse the judicial mind of the Hon’ble DRT has resorted to cheap tactics. Further, the Borrower in order to delay the repayment of dues to the Bank has been continuously resorting to multiple litigation against the bank and the auction purchaser. The Borrower instead of repaying the dues to the bank is derailing the recovery process with ulterior motive to enrich himself at the cost of public money.
