BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD

COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus

…RESPONDENTS

INDEX

S.N PARTICULARS PAGE NO.

O
1. MEMO OF PARTIES

2. PETITION UNDER SECTION 14 OF THE

SECURITIZATION AND
RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT, 2002 ALONG
WITH SUPPORTING AFFIDAVIT
3. LIST OF DOCUMENTS

4. VAKALATNAMA

SECURED CREDITOR/PETITIONER

THROUGH
 BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD
COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus

……… …RESPONDENTS

MEMO OF PARTIES
IN THE MATTER OF:-
M/S DMI FINANCE PVT LTD
NON-BANKING FINANCE COMPANY
INCORPORATED UNDER THE COMPANIES
ACT, 1956 AND HAVING ITS REGISTERED
OFFICE AT EXPRESS BUILDING, 3RD FLOOR,
9-10, BAHADUR SHAH ZAFAR MARG, NEW
DELHI-110002
THROUGH
AUTHORIZED OFFICER
SH. BHARAT MUKKAR
… PETITIONER
Versus
1.
2.
….RESPONDENTS

SECURED CREDITOR/PETITIONER

THROUGH

Advocate
 BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD
COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus

…RESPONDENTS

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD
NON- BANKING FINANCE COMPANY
INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND HAVING
ITS REGISTERED OFFICE AT EXPRESS
BUILDING, 3RD FLOOR, 9-10, BAHADUR
SHAH ZAFAR MARG, NEW DELHI-
110002
THROUGH
AUTHORIZED OFFICER
SH. BHARAT MUKKAR
…PETITIONER
Versus

1.

….RESPONDENTS

PETITION UNDER SECTION 14 OF THE SECURITISATION AND

RECONSTRUCTION OF FINANCIAL ASSETS AND

ENFORCEMENT OF SECURITY INTEREST ACT, 2002. FOR

SEEKING ASSISTANCE OF THIS HON’BLE COURT FOR TAKING

POSSESSION OF (PROPERTY DETAILS)

 THE PETITIONER MOST RESPECTFULLY SUBMITS AS UNDER:-

1. That the present petition is being filed before this Hon’ble District Magistrate
Court since this Hon’ble District Magistrate Court is competent and have
jurisdiction to entertain and decide an application made by secured creditor under
section 14 of Securitization and Reconstruction of Financial Assists and
Enforcement of Security Interest Act, 2002.

2. That the petitioner i.e. M/S DMI Finance Private Limited is a non-banking finance
company incorporated under the Companies Act 1956, having it’s office at:-
Express Building, 3rd Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi-110002.
The operations of the Petitioner Company are subject to Reserve Bank of India’s
guidelines and regulations. The Company is inter-alia engaged in the business of
financing apart from other portfolios/activities and is authorized to initiate
proceedings under Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.

3. That Sh. Bharat Mukkar is the Authorized Officer of the petitioner and is
competent to file, sign, verify, institute and follow up the legal proceedings and
actions under Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 on behalf of the Petitioner and also
take possession of the secured asset and do all other acts as provided in section 13
(4) of Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002.

4. That respondents approached the Petitioner Company and requested to the

petitioner company for grant of Term loan facilities and basis their request and
relying upon the correctness of information furnished, representation made and
assurance given by the respondents, the Petitioner Company had sanctioned a
Term loan facility of Rs. 15,00,00,000/-, vide Term Loan Agreement dated 30 th
Nov 2015 executed between the parties.

5. That, in addition to the other Collateral Securities for securing the said Term Loan
Facility, the respondent no 3 and 6 has created security interest on property bearing
no. FREE HOLD LAND ADMEASURING KHEWAT NO. 55 MIN.,
KHATONI NO. 63 MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2
/ RAKBA, 16 KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE
 OF VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
HARYANA (Hereinafter referred to as “Secured Asset”).

6. That the respondents after availing the Term Loan Facility did not adhere to the
financial commitments made under the aforesaid Loan agreement and committed
defaults with regard to repayment plan. In view of defaults of interest and
installment of principal remaining overdue in respect of the loans and in
accordance with the Master Circular/Guidelines for Asset Classification issued by
the Reserve Bank of India (RBI), the said Loan facility have been declared Non-
Performing Asset on 17th May 2019.

7. That thereafter a Demand Notice dated 21st June 2019 u/s 13(2) of Securitization
and Reconstruction of Financial Assets and Enforcement of Security Interest Act
2002 was issued wherein the Respondents was called upon to make the payment of
the Outstanding dues as on 20th June 2019 amounting to Rs.11,01,64,031/-
(Rupees Eleven Cores One Lakhs Sixty Four Thousand Thirty One only)
within 60 days from the date of the said notice. The said Demand Notice was sent
to Respondents on behalf of the Secured Creditor/Petitioner specifying the
aforesaid outstanding dues and particulars of the Secured Asset and further making
a demand of the outstanding amount to be paid within the prescribed time period of
60 (Sixty) days from the date of the said Demand Notice. That it is most
respectfully submitted before Hon’ble District Magistrate that due to typographical
error petitioner company mentioned date of NPA as 13 th April 2019 instead of 17th
May 2019 in their notice dated 21st June 2019.

8. That the said Demand Notice dated 21st June 2019 u/s 13(2) of Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002
was served on the respondents through speed post and same were delivered to the
respondents as would be evident from the tracking report same are annexed
herewith.

9. That despite the service of above said notice respondents only paid partial payment
and failed to discharge their entire liability within the period of 60 (Sixty) days and
the Petitioner Company being secured creditor has decided to enforce the security
interest and to take possession of the Secured Asset.
10.That despite sending the demand notice under section 13(2) of SARFAESI Act
2002, dated 21st June 2019, the Respondents failed to make the payment and hence
the Petitioner company has taken symbolic possession of the secured Asset on 3 rd
September 2019 and issued the necessary possession notice which was also served
on the Respondents and made necessary publication of taking Symbolic Possession
notice in the newspapers on 5th September 2019 (Both in Hindi and English
Editions).

11.That as on _____, there is an outstanding of Rs.____/- which is due and payable by

the respondents. The Statement of Account is also annexed herewith.

12.That in the present circumstances, out of the given Secured Asset, the Petitioner
Company decided to approach this Hon’ble District Magistrate’s Court for
exercising its powers under section 14 of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002 for appointment
of a receiver for taking physical possession of the property bearing No. FREE
HOLD LAND ADMEASURING KHEWAT NO. 55 MIN., KHATONI NO. 63
MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2 / RAKBA, 16
KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE OF
VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
HARYANA and forwarding/handing over the possession to the Petitioner
Company.

13.That it would be in the interest of justice that this Hon’ble District Magistrate be
pleased to appoint the receiver to take possession of the property bearing no.
FREE HOLD LAND ADMEASURING KHEWAT NO. 55 MIN., KHATONI
NO. 63 MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2 / RAKBA,
16 KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE OF
VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
HARYANA and documents relating thereto and forward the abovementioned
secured asset/property and documents relating thereto to the Petitioner Company.

14.That no similar petition was filed by the petitioner before this Hon’ble Court/
District Magistrate or any other court of law.

15.That the jurisdiction of this Hon’ble District Magistrate to entertain the present
Petition as per the cause of action arises from the SARFAESI Act as well as since
 the property in question is situated within the territorial jurisdiction of this Hon’ble
District Magistrate hence the jurisdiction vests in this Hon’ble District Magistrate
to try and entertain this present petition of the Secured Creditor/Petitioner
Company.

16.In view of the facts and circumstances stated herein above and for purpose of
securing compliance with the provisions of section 13 of the said Act, the
Petitioner Company craves leaves of this Hon’ble District Magistrate to take or
cause to be taken such steps and issue any appropriate directions, orders etc. to any
authority of official or cause to be used, such force, as may be necessary in order to
provide physical possession of the secured asset to the Secured Creditor/Petitioner
Company.

17.That there is no lease or tenancy created before the mortgage and after the
mortgage in accordance with the requirements of Section 65A of Transfer of
Property Act of the aforementioned mortgaged property as per the knowledge of
authorized officer of the Petitioner Company.

18.That there is no objection or representation in reply to the notice u/s 13 (2) of the
SARFAESI Act, received from the borrowers/debtors/respondents.

19.That the Secured Creditor/Petitioner Company states that there is no stay from any
court of law in the present matter neither is any appeal pending before the Debt
Recovery Tribunal on in any other court of law as the Secured Creditor/Petitioner
Company has neither received any kind of notice or summons from any court or
tribunal in relation to the present case.

PRAYER

It is, therefore, prayed that this Hon’ble District Magistrate be pleased to:

1. To appoint the officer of the Secured Creditor/Petitioner Company, as receiver to

take possession of property bearing no:- FREE HOLD LAND ADMEASURING
KHEWAT NO. 55 MIN., KHATONI NO. 63 MIN., M.NO. 20 KILLA NO. 4
(8-0), 5 (8-0), KITTA No. 2 / RAKBA, 16 KANAL, 00 MARLE FALLING IN
 THE REVENUE ESTATE OF VILLAGE KIDAWALI, TEHSIL AND
DISTRICT FARIDABAD, HARYANA AND;

2. Direct the receiver to forward/handover the secured asset/mortgaged property and

documents relating thereto with respect to the said property to the Petitioner
Company, AND

3. Pass necessary directions to the office of the Police Commissioner

/DCP/ACP/Station House Officer of the concerned police station to assist in
compliance of the orders passed by this Hon’ble District Magistrate and assist the
Secured Creditor/Petitioner Company in taking possession of the secured assets.

4. Pass any other or further order/s in facts and circumstances of this case in favor of
the Petitioner Company to meet the ends of justice.

SECURED CREDITOR/PETITIONER

THROUGH

VERIFICATION:
Verified at Faridabad on this _____day of _________2021, that the contents of the
above petition are true and correct to the best of my knowledge and belief derived
from the records maintained by the Secured Creditor/Applicant Company in
ordinary course of business, no part of it is false and nothing material has been
concealed there from.

SECURED CREDITOR/PETITIONER
 BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD
COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus

…RESPONDENTS

AFFIDAVIT

I, Bharat Mukkar, Authorized Officer of M/s DMI Finance Private Limited is a

Non- Banking Finance Company incorporated under the Companies Act 1956,
having it’s office at:- Express Building, 3rd Floor, 9-10, Bahadur Shah Zafar Marg,
New Delhi-110002, do hereby solemnly affirm and declare as under:

1. That the deponent above named is authorized vide Board Resolution/Authorization

Letter dated 03.05.2019 issued in his favor and hence competent to sign, depose
and verify the present affidavit and the annexed application.

2. That the deponent is Authorized Officer of the Secured Creditor/Petitioner

Company duly authorized and empowered to take action under the Securitization
and Reconstruction of the Financial Asset and Enforcement of Security Interest
Act, 2002 and is conversant with the facts and circumstances of the present case on
the basis of the records maintained by the Secured Creditor/Petitioner Company
and as such the deponent is competent to swear the present affidavit in this case.

3. That I have read and understood the contents of the accompanying Petition and
state that the same are true and correct to the best of my knowledge and belief,
based on the records maintained by the Company in ordinary course of its
business.

4. That the respondents approached the Petitioner Company and requested to the
petitioner company for grant of Term loan facility and basis their request and
relying upon the information furnished, representation made and assurance given
by the respondents, the Petitioner Company had sanctioned a loan facility of Rs.
 15,00,00,000/-, vide Term Loan Agreement dated 30th Nov 2015 executed between
the parties.

5. That in addition to the other Collateral Securities for securing the said Term Loan
Facility, the respondent no 3 and 6 has created security interest on property bearing
no. FREE HOLD LAND ADMEASURING KHEWAT NO. 55 MIN.,
KHATONI NO. 63 MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2
/ RAKBA, 16 KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE
OF VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
HARYANA. (Hereinafter referred to as “Secured Asset”).

6. That the respondents after availing the Term Loan Facility did not adhere to the
financial commitments made under the aforesaid Loan agreement and committed
defaults with regard to repayment plan. In view of defaults of interest and
installment of principal remaining overdue in respect of the loan and in accordance
with the Master Circular/Guidelines for Asset Classification issued by the Reserve
Bank of India (RBI), the said Loan facility have been declared Non Performing
Asset on 17th May 2019. That it is most respectfully submitted before Hon’ble
District Magistrate that due to typographical error petitioner company mentioned
date of NPA as 13th April 2019 instead.

7. That thereafter a Demand Notice dated 21st June 2019 u/s 13(2) of Securitization
and Reconstruction of Financial Assets and Enforcement of Security Interest Act
2002 was issued wherein the Respondents was called upon to make the payment of
the Outstanding dues as on 20th June 2019 amounting to Rs.11,01,64,031/-
(Rupees Eleven Cores One Lakhs Sixty Four Thousand Thirty One only)
within 60 days from the date of the said notice. The said Demand Notice was sent
to Respondents on behalf of the Secured Creditor/Petitioner specifying the
aforesaid outstanding dues and particulars of the Secured Asset and further making
a demand of the outstanding amount to be paid within the prescribed time period of
60 (Sixty) days from the date of the said Demand Notice.

8. That the said Demand Notice dated 21st June 2019 u/s 13(2) of Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002
was served on the respondents through speed post and same were delivered to the
 respondents as would be evident from the tracking report same are annexed
herewith.

9. That despite the service of above said notice respondents only paid partial payment
and failed to discharge their entire liability within the period of 60 (Sixty) days and
the Petitioner Company being secured creditor has decided to enforce the security
interest and to take possession of the Secured Asset.

10.That despite sending the demand notice under section 13(2) of SARFAESI Act
2002, dated 21.06.2019, the Respondents failed to make the entire payment and
hence the Petitioner has taken symbolic possession of the secured Asset on 3rd
September 2019 and issued the required possession notice which was also served
on the Respondents and made necessary publication of the Symbolic Possession
notice in the newspapers on 5th September 2019 (Both in Hindi and English
Editions).

11.That as on ____, there is an outstanding of Rs. ____/- which is due and payable by
the respondents. The Statement of Account is also Annexed herewith.

12.That in the present circumstances, out of the given Secured Asset, the Petitioner
Company decided to approach this Hon’ble District Magistrate Court for
exercising its powers under section 14 of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002 for appointment
of a receiver for taking physical possession of the property bearing No. FREE
HOLD LAND ADMEASURING KHEWAT NO. 55 MIN., KHATONI NO. 63
MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2 / RAKBA, 16
KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE OF
VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
HARYANA and forwarding/handing over the possession to the Petitioner
Company.

13. That it would be in the interest of justice that this Hon’ble District Magistrate
Court be pleased to appoint the receiver to take possession of the property bearing
no. FREE HOLD LAND ADMEASURING KHEWAT NO. 55 MIN.,
KHATONI NO. 63 MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0), KITTA No. 2
/ RAKBA, 16 KANAL, 00 MARLE FALLING IN THE REVENUE ESTATE
OF VILLAGE KIDAWALI, TEHSIL AND DISTRICT FARIDABAD,
 HARYANA and documents relating thereto and forward the abovementioned
secured asset/property and documents relating thereto to the Petitioner Company.

14.That no similar petition was filed by the petitioner before this Hon’ble Court/
Hon’ble District Magistrate’s or any other court of law.

15.That the jurisdiction of this Hon’ble District Magistrate’s to entertain the present
Petition as per the cause of action arises from the SARFAESI Act as well as since
the property in question is situated within the territorial jurisdiction of this Hon’ble
District Magistrate’s hence the jurisdiction vests in this Hon’ble District
Magistrate’s to try and entertain this present petition of the Secured
Creditor/Petitioner Company.

16.In view of the facts and circumstances stated herein above and for purpose of
securing compliance with the provisions of section 13 of the said Act, the
Petitioner Company craves leaves of this Hon’ble District Magistrate’s to take or
cause to be taken such steps and issue any appropriate directions, orders etc. to any
authority of official or cause to be used, such force, as may be necessary in order to
provide physical possession of the secured asset to the Secured Creditor/Petitioner
Company.

17.That there is no lease or tenancy created before the mortgage and after the
mortgage in accordance with the requirements of Section 65A of Transfer of
Property Act of the aforementioned mortgaged property as per the knowledge of
authorized officer of the Petitioner Company.

18.That there is no objection or representation in reply to the notice u/s 13 (2) of the
SARFAESI Act, received from the borrowers/debtors/respondents.

19.That the Secured Creditor/Petitioner Company states that there is no stay from any
court of law in the present matter neither is any appeal pending before the Debt
Recovery Tribunal on in any other court of law as the Secured Creditor/Petitioner
Company has neither received any kind of notice or summons from any court or
tribunal in relation to the present case.
 DEPONENT

VERIFICATION
Verified at Faridabad on this ____ day of _____ 2021, that the contents of the
above affidavit are true and correct as per information received from the record of
the Petitioner Company maintained by it in its ordinary course of its business.

DEPONENT
 BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD
COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus
`
…RESPONDENTS

LIST OF DOCUMENTS

S. No PARTICULARS PAGES

True Copy of Term Loan Agreement dated

1. 30.11.2015

True Copy of Memorandum of Deposit of

2.
Title Deeds Dated 01.12.2015
Copy of Sale Deed Dated 18.02.2009 &
11.05.2009 executed between Sh. Surender
Kumar in favor of Mr. Charanjeet Singh in
respect of the said property bearing no.
FREE HOLD LAND ADMEASURING
KHEWAT NO. 55 MIN., KHATONI NO. 63
3. MIN., M.NO. 20 KILLA NO. 4 (8-0), 5 (8-0),
KITTA No. 2 / RAKBA, 16 KANAL, 00
MARLE FALLING IN THE REVENUE
ESTATE OF VILLAGE KIDAWALI,
TEHSIL AND DISTRICT FARIDABAD,
HARYANA

Copy of Khatoni Dated 09.11.2015

4.
Copy of Title Search Report Dated
5. 05.11.2015

Copy of Valuation Report dated 20.10.2015

6.
Copy of NPA Certificate Dated 17.05.2019
7.

8. Copy of Demand Notice dated 21.06.2019

Under Section 13 (2) of the SARFAESI Act,
2002, along with Postal proof and tracking
 reports

Statement of Account and Foreclosure

Letter
9.

Copy of Possession Notice Dated 03.09.2019

along with postal proof and Tracking
10.
Report

Copies of News Papers vide which the

11. Possession Notice was published

Authority Letter of the Petitioner in favour

12. of Sh. Bharat Mukkar, Authorized Officer

SECURED CREDITOR/PETITIONER

THROUGH
 BEFORE THE COURT OF DISTRICT MAGISTRATE, FARIDABAD
COURT, HARYANA

PETITION NO. OF 2021

IN THE MATTER OF:-

M/S DMI FINANCE PVT LTD …PETITIONER

Versus

…RESPONDENTS

CHECKLIST FOR OBTAINING POLICE HELP

1. Name of office seeking police M/S DMI FINANCE PVT LTD

help. Letter no. date and full NON- BANKING FINANCE
address COMPANY
INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND
HAVING ITS REGISTERED OFFICE
AT EXPRESS BUILDING, 3RD
FLOOR, 9-10, BAHADUR SHAH
ZAFAR MARG, NEW DELHI-
110002
2. Purpose for which police help is To take possession on the property
required mortgaged with the Company under
section 14 of the SARFAESI Act,
2002.

3. Address and location where FREE HOLD LAND

police help is required size and ADMEASURING KHEWAT NO. 55
location of the property MIN., KHATONI NO. 63 MIN.,
M.NO. 20 KILLA NO. 4 (8-0), 5 (8-
0), KITTA No. 2 / RAKBA, 16
KANAL, 00 MARLE FALLING IN
THE REVENUE ESTATE OF
VILLAGE KIDAWALI, TEHSIL
AND DISTRICT FARIDABAD,
HARYANA
4. Date of Notice u/s 13(2) of the 21.06.2019
SARFAESI Act.

5. Loan Facility Amount Total amount: Rs.15,00,00,000/- on

30.11.2015
6. Amount Outstanding Total amount outstanding of
Rs.11,01,64,031/- was due on
20.06.2019
7. Is there any dispute regarding No
property if yes, the present status
thereof.
8. Is any suit pending in any court No
regarding mortgaged property or
has the respondents filed any suit
against the Company.
9. If any law suit has been decided No
by the court, give brief details of
such orders.
10. If any suit has been decided by No
the court, give brief details of
such orders.
11. Has the respondents filed any No
appeal, if no. has the time limit
for filing appeal expired.

SECURED CREDITOR/PETITIONER
THROUGH