BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL -I, ERNAKULAM

O.A.No. 720 of 2018

APPLICANT : HDFC Bank Ltd

Vs

DEFENDANTS : Sanjo Motors and others

AFFI DAV I T

I, Mani. P.V, S/o T. Balakrishnan, aged 43 years, Senior Manager, (Department for
Special Operation), HDFC bank, Manorama Junction, Panampilly Nagar Ernakulam do
hereby solemnly affirm and state as follows:

1. The above OA is filed seeking issuance of a Recovery Certificate for Rs. .

1,44,16,538.33 ( Rupees One Crore Forty Four Lakhs Sixteen Thousand Five
Hundred Thirty Eighty and Thirty Three Paisa only ).
2. It is submitted that, the loan is having no collateral security and is secured by
personal guarantee of respondents 2 and 3. As there was no collateral security for
the loan, the applicant bank filed IA.2851/18, attachment of the scheduled
properties, comprised in Re.Sy.No.106/8/15 of Aluva Taluk, Karukutty village,
Ernakulam District, for an extent of 7.29 Ares (schedule A property)and property
comprised in Re.sy.No.116/5/2, 116/4, 116/3, 116/2 for an exetnet of 7.59 Ares,
14.80 Ares, 9.20 Ares and 9.80 Ares, of Karukutty village Aluva Taluk, Ernakulam
district. This Hon’ble Tribunal was pleased to grant attachment of the property.
There after another attachment petition was also filed by the applicant bank
seeking for attachment of C Schedule property having an extent of 7.20 Ares,
comprised in Re.Sy.No.195/13/2, and in that petitioner notice was ordered.
3. It is submitted that, after the attachment, the petitioner got information that the
properties over which attachment was granted by this Hon’ble Tribunal is having
number of secured and unsecured charges. Hence , the attached properties will not
be adequate for the total due as some other banks/ NBFCs/third parties also have
claim over the properties. Now the petitioner got reliable information that the
defendants /respondents are having other assets /accounts and fixed deposits in
various banks. Even though, the petitioner bank tried their level best to get the
details of the same but the same could not be procured.
4. It is submitted that the details of PAN of the defendants are as follows:
Name PAN No DOB Fathers Name
Anil Thomas
Kavita Paulose
7. It is submitted that unless an order directing preclusion of particulars of the assets /

deposit accounts/loan accounts are allowed, the same will result in failure of justice as

there would not be any mode of recovery available.

8. INTERIM RELIEFS SOUGHT:

In view of the facts mentioned hereinabove, pending the hearing and

disposal of the present Application, the Applicant prays for the following

reliefs:

a. be issue direction to the Principal Officer/Chairman & Managing Director/

CEO of all the Banks in India against Defendant No.1 (PAN

NO……………………), Defendant no.2 (…………………………..) and Defendant

no.3 (PAN NO………………………..) to attach following with immediate effect

to the extent of the claim herein;

a) All the account/s by whatever named called including lockers of

the Defaulter, either singly or jointly with any other person/s,

held with any banks and

b) All the other accounts/proceeds due or may become due to the

Defaulter or any money held or may subsequently hold for or

on account of the Defaulter

c) This Hon’ble Tribunal futher order that with immediate effect

No Debit in the accounts of Defendant no.1 TO 4 herein.

i. That this Hon’ble Tribunal further direct concerned officer of NSDL/CDSL to

file the details of DEMAT account and bank accounts of any nature associ -

ated with (PAN NO………………), Defendant no.2 (PAN NO……………….) and

Defendant no.4 (PAN NO………………..).

j. In the event of any DEMAT account and/or any bank account in the name

of aforesaid PAN Card holders, NSDL/CDSL is further directed to freeze the

account and filed the details of the shares with this Tribunal.
b. That this Hon’ble Tribunal be pleased to pass an order of injunction and/or

status quo in respect of the bank accounts of Defendant Nos. 1 to 3 main-

tained with any other banks except the accounts with the Applicant;

c. In the alternative to prayer (h) this Hon’ble Tribunal be pleased to pass an

order of attachment of bank accounts of Defendant Nos. 1 to 3 maintained

with any other bank;

d. That pending the hearing and final disposal of the Application, this Hon'ble

Tribunal be pleased to;

i. order and direct the Airport Authorities of India not to permit Defen-

dant Nos. 2 and 3to leave the country without the permission of this

Hon'ble Tribunal;

ii. order and direct the Immigration Department, Government of India

not to process the visa application of Defendant Nos. 2 and 3, if any,

submitted by Defendant Nos. 2 and 3 and/or being submitted here-

inafter, without the written permission of this Hon'ble Tribunal;

iii. order and direct Defendant Nos. 2 and 3 to forthwith deposit/surren-

der their respective passports to the Registrar of this Hon'ble Tri-

bunal;

iv. order and direct the Passport Authorities not to process the Applica-

tion for issuance of passport to Defendant Nos. 2 and 3, if applied al-

ready and/or that may be submitted hereinafter without the written

permission of this Hon'ble Tribunal;

v. restrain Defendant Nos. 2 and 3 from leaving the Country without the

prior written permission of this Hon'ble Tribunal;

5. Hence it is highly necessary to issue notice to “The principal officer/chariman &
Managing Direction and CEO” of All the bank listed here under directing them to
with hold under attachment.

i. All accounts by whatever name called including lockers of the defaulter,

either singly or jointly with any other person or persons held with their
bank and
ii. All the other accounts/proceeds due or may become due to the defaulters or
any money held or may subsequently held for or an account of the
respondent and also to direct them to provide
(a) Copy of the Account statement for the latest three years in respect of all
the accounts.
(b) Confirmation of attachment of the said accounts/and lockers.

For that purpose, the petitioner bank filed a separate petition along with
the affidavit, that is to be allowed.
All what is stated above are true to the best of my knowledge and belief.

Dated this the ………….. day of …………………

Deponent
Solemnly affirmed and signed before me by the deponent whom I know personally
on ………………………………. in my office at Ernakulam

T.Rajesh
Advocate
 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL -I,
ERNAKULAM

IA.No. of 2020
In
O.A.No. 720 of 2018

PETITIONER/ APPLICANT
HDFC Bank Ltd
Choice Tower Branch, Manorama Junction
Panampilly Nagar, Rep. Senior Manager
Mani.P.V
Vs.
RESPONDENTS/DEFENDANTS

1. M/s. Sanjo Motors

Areeckal Junction, Karukutty (P.O)
Angamaly, Kerala- 683576
Represented by its Managing Partner Anil Thomas

2. Mr. Anil Thomas

Aykkerath, Edakkunu, Karukutty
Ernakulam, Paduvapuram
Kerala-683576

3. Mrs. Kavitha Paulose (Partner Sanjo Motors)

Aykkerath, Edakkunu, Karukutty
Ernakulam, Paduvapuram
Kerala-683576

PETITION FILED UNDER SECTION 19(3A)(c) OF THE RECOVERY OF

DEBTS AND BANKRUPTCY ACT, 1993
For the reasons stated in the accompanying affidavit it is most humbly prayed that this
Hon’ble Tribunal may be pleased to direct the principal officer/chariman & Managing
Direction and CEO” all following banks to withhold under attachment (i) All accounts by
whatever name called including lockers of the defaulter, either singly or jointly with any
other person or persons held with their bank and (ii) All the other accounts/proceeds due
or may become due to the defaulters or any money held or may subsequently held for or
an account of the respondent and also to direct them to provide. (a) Copy of the Account
statment for the latest three years in respect of all the accounts. (b) Confirmation of
attachment of the said accounts/and lockers

Dated this the 11th day of February,2020

T.RAJESH
COUNSEL FOR THE APPLICANT

BEFORE THE HON’BLE DEBTS

RECOVERY TRIBUNAL -I,
ERNAKULAM

O.A.No. 720 of 2018

APPLICANT

: HDFC Bank Ltd

Vs

DEFENDANT
: Sanjo Motors and others

PETITION FILED UNDER

SECTION 19 OF THE RECOVERY OF
DEBTS AND BANKRUPTCY ACT, 1993
 T.RAJESH
COUNSEL FOR THE APPLICANT

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL -I, ERNAKULAM

O.A.No. of 2018
APPLICANT : HDFC Bank Ltd
Vs
DEFENDANT : Sanjo Motors and others

ATTACHMENT SCHEDULE

SCHEDULE-A
PARTICULAR
District : Ernakulam
Sub District : Aluva
Taluk : Aluva
Village : Karukutty
Kara : Karukutty
Block No : 2
Re.Sy.No. : 106/8/5
Extent : 7.29 Ares

DESCRIPTION
All the piece and parcel of 7.29 Ares of l properties comprising in Block No.3 in
Re.Sy.No. 106/8/5 of Karukutty Village, Aluva Taluk including all the improvements
therein covered by Documents No.3854/2014 of Angamali SRO
BOUNDARIES
East - Balance Property
South - 5.5 mtr pathway and Property of Jose
West - Thodu
North - 12 feet pathway

SCHEDULE-B
PARTICULAR
District : Ernakulam
Sub District : Aluva
Taluk : Aluva
Village : Karukutty
Kara : Karukutty
Old Sy.No : 1195/2/1
Re. Sy.No. : 116/5/2, 116/4, 116/3,116/2
Extent : 7.59 Ares, 14.80 Ares, 9.20 Ares, 9.80 Ares.

DESCRIPTION

All the piece and parcel of 41.39 Ares of properties comprising of 7.59 Ares in
Re.Sy.No. 116/5/2, 14.80 Ares in Re.Sy.116/4 , 9.20 Ares in Re.Sy.No.116/3 and 9.80
Ares in Re.Sy.No.116/2 in Karukutty Village, Aluva Taluk including all the
improvements therein covered by Documents No.4162/2013 of Angamali SRO including
all the improvements therein.

BOUNDARIES

East - Property of Poothen Vareeth

South - Panchayath Road
West - Property of Poothen Johny
North - Property of Thekkeyin Iyiroorkaran Sebastain

Dated this the 10TH day of December, 2018

T.RAJESH
COUNSEL FOR THE APPLICANT