IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE,

BULANDSHAHR, UTTAR PRADESH

APPLICATION NO.__________OF 2024

(Under Section 14 of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002)

IN THE MATTER OF:

AADHAR HOUSING FINANCE LTD.
Private Limited Company incorporated under the
Companies Act, 1956, having its-
Regd. Office At:-
2nd Floor No.3 JVF Towers 8th A Main Road, SR Nagar, Bengaluru-560027,
Karnataka
Branch Office at:
Namah by Emanante Delhi Road Office No.4, 2nd Floor, Plot No. A2, A2a, A4,
A4a, A3, A3a, MI, Seema Nagar Palika, Hapur Village Chamri, Hapur, Uttar
Pradesh – 245101
(Through its authorized officer: Nishant
Chaudhary
…(SECURED CREDITOR)

VERSUS

1. Anees Ahmad ….(BORROWER)

Mohalla Ganj Sadat Shikarpur 202395, Near Shikarpur, Bulandshahr,
Uttar Pradesh – 203131.

2. Afsana Begam ….(1st Co-Borrower)

Moh Mandi, Shikarpur, Bulandshahr, Uttar Pradesh – 245405.

3. Anees Ahmad
Also At:-
Mohalla Bada Kot (Ganj Sadat), Shikarpur 13, Bulandshahr, Uttar Pradesh –
203131.
…BORROWER/RESPONDENTS

PETITION/APPLICATION ON BEHALF OF SECURED

CREDITOR UNDER SECTION 14 OF SECURITISATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002.
AMENDED AS ON DATE

The Applicant Company / secured creditor most respectfully

submit as under:

1. The Applicant Aadhar Housing Finance Ltd.. is a company

incorporated under the Companies Act, 1956 , Having its
registered Office- 2nd Floor No.3 JVF Towers 8th A Main Road,
SR Nagar, Bengaluru-560027, Karnataka & Branch Office at
On Namah by Emanante Delhi Road Office No.4, 2nd
Floor, Plot No. A2, A2a, A4, A4a, A3, A3a, MI, Seema
Nagar Palika, Hapur Village Chamri, Hapur, Uttar
 Pradesh – 245101. And is a notified Company under the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (hereinafter
referred to as the Act).It is engaged in the business of
providing Credit / Loan facilities to its customers and
accepting term deposits from public at large.

2. The Applicant further states that, NISHANT CHAUDHARY,

Authorized officer in consonance with and under Rule 2 (a) of
the Security interest (Enforcement Rules 2002) of the
Applicant is fully authorized, empowered and competent to
sign and verify the application, file documents, as may be
just necessary in the interest of the Applicant and to do all
and every co-related acts as may deem fit and proper in the
interest of the Applicant in connection with the present case.
The copy of the Board Resolution / Power of Attorney of the
Authorized Officer is enclosed herewith as an Annexure- A.

3. That the present petition U/s 14 of the Act is being moved by

the Applicant/ Secured creditor, for seeking assistance from
the Hon'ble Court in enforcement of Security interest in
immovable property as mentioned hereunder: -

“ALL THAT PART AND PARCEL OF THE PROPERTY AT

BUILT UP RESIDENTIAL PLOT NO. 04, AREA
MEASURING 90 SQ. YRDS THAT IS 75.30 SQ. MTRS,
PART OF KHET NO. 2154, SITUATED IN MOHALLA GANJ
SHAHZAT, KASBA – SHIKARPUR, PARGANA & TEHSIL-
SHIKARPUR, DISTRICT – BULANDSHAHR, UTTAR
PRADESH- 203131.”

BOUNDED AS: -
EAST - RASTA 6M WIDE
WEST - PLOT AJIMUDDIN AND NAWAB KHAN.
NORTH - PLOT MOHD. UMAR
SOUTH - RASTA 6M WIDE.

4. That the Respondents 1 to 2 have availed Housing Lo

an/Non-Housing Loan credit facilities of Rs. 07,93,871/-
(Rupees Seven Lakh Ninety Three Thousand Eight
Hundred Seventy One Only) against the security of
Property as mentioned above with an undertaking of
repayment of the said financial assistance in terms of the
said agreement. As such Respondents Constitute Principal
Borrower. The copy of the Loan Code No. – 09210000106 is
annexed herewith and marked as Annexure-B.

5. That the Respondents in order to secure the repayment of

the said financial assistance, have created an equitable
mortgage by deposit of original title deeds in respect of the
 Secured Asset as envisaged in Sec 58(f) of TPA Act with the
Applicant with an intention to secure the said housing loan
facility and in favor of the Applicant FI along with
memorandum of deposit of Title Deeds signifying
Respondent’s intention of creating equitable mortgage over
the said property. The copy of the Title Deed of the subject
property are annexed herewith and marked as Annexure-C.

6. That after availing the aforesaid facilities, the Respondents

did not adhere to financial discipline and failed to deliver on
their financial commitments. In consequence thereof, the
subject loan account was declared Non-Performing Asset
(NPA) on 09.04.2024 with the guidelines issued by the
National Housing Bank NHB. And as on 10.04.2024 date
borrowers are under obligation to pay Rs. 08,45,953/-
(Rupees Eight Lakh Forty Five Thousand Nine
Hundred Fifty Three Only) with further contractual
interest to the AADHAR HOUSING FINANCE LTD. This is as
per the account maintained by the Applicant Bank in the
usual course of its day-to-day business. The Copy of
statement of A/C is annexed herewith at Annexure-D.

7. That as on date of Notice i.e. 10.04.2024 date borrowers

are under obligation to pay Rs. 08,45,953/-(Rupees Eight
Lakh Forty Five Thousand Nine Hundred Fifty Three
Only) along with future interest up to date to the Company.
This is as per the account maintained by the applicant
company in the usual course of its day-to-day business.

8. That thereafter, Applicant Company through a demand

notice dated 10.04.2024 U/S 13 (2) of the Act demanded
the Respondents to clear dues in full. Despite service of the
said notice, Respondents failed to clear the dues. The copy
of the Demand Notice U/S 13 (2) dated 10.04.2024 along
with Postal Receipt is annexed herewith at Annexure-E,

9. The Applicant further says and submits that, despite the said
notice dated 10.04.2024 the Respondents have neither
complied with the requisitions for payment of outstanding
loan amount within the stipulated period of 60 days as
mentioned in the said notice dated 10.04.2024 nor raised
any objections/replied to the said Notice under Section 13 (3-
A) of the SARFAESI Act and never approached the Applicant
for showing their bonafide for payment of outstanding loan
amount. Therefore, the Applicant are desirous of taking
physical possession of the Secured Asset in peaceful manner
under the provisions of sub-section (4) of Section 13 read
with Section 14 of the SARFAESI Act by taking assistance of
this Hon’ble Court as the Respondents had committed
default in repayment of the said loan.

10. That in the above circumstances, the Applicant Company is

left with the only option to approach this Hon'ble Court for
 exercising its powers under section 14 of the Securitization
and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 and to take possession of the
secured assets, being mortgaged property and forward the
same to the applicant company.

11. That the provisions of this Act and rule made there under
have been complied by the Applicant Company.

12. That accordingly, the Applicant seeks to invoke the

jurisdiction of this Hon’ble Court in pursuance of section 14
of the said SARFAESI Act, 2002 to secure peaceful physical
possession of the secured Asset described in the schedule
written herein above.

13. The Applicant submits that this Hon’ble Court is conferred

with the territorial jurisdiction qua the secured Asset as
described schedule hereunder written. In the other words,
the secured Asset is situated at Aligarh District within the
territorial Jurisdiction of this Hon’ble Court.

14. That it would be in the interest of the justice that this

Hon'ble Court be pleased to take possession of the said
asset/ property mentioned above and documents thereto
and forward the same to the Applicant Bank.

-: PRAYER :-

It is therefore most respectfully prayed that this Hon'ble Court

be pleased to:-

1. To direct SHO/ In charge of the concerned police station to help

Authorized Officer to take the possession of the following
secured asset which includes the breaking open of lock (s),
wherever necessary:

“ALL THAT PART AND PARCEL OF THE PROPERTY AT

BUILT UP RESIDENTIAL PLOT NO. 04, AREA MEASURING
90 SQ. YRDS THAT IS 75.30 SQ. MTRS, PART OF KHET
NO. 2154, SITUATED IN MOHALLA GANJ SHAHZAT,
KASBA – SHIKARPUR, PARGANA & TEHSIL- SHIKARPUR,
DISTRICT – BULANDSHAHR, UTTAR PRADESH- 203131.”

BOUNDED AS: -
EAST - RASTA 6M WIDE
WEST - PLOT AJIMUDDIN AND NAWAB KHAN.
NORTH - PLOT MOHD. UMAR
SOUTH - RASTA 6M WIDE.
2. Pass any other or further order as this Hon'ble Court deems fit
and proper in the facts and circumstances of the case.

For AADHAR HOUSING FINANCE

LTD.
Authorized Officer
Dated:
Place: Bulandshahr
THROUGH,
MANISH/ RAHUL JAISWAL
Advocates

VERIFICATION:
I, NISHANT CHAUDHARY, Authorized Officer, of the
Applicant having its office address mentioned in cause title, do
hereby verify that the contents of above-mentioned paragraphs
are stated on information and belief as gathered from the
records maintained by Applicant Company and that I have not
suppressed
For AADHAR HOUSING FINANCE LTD.
Authorized Officer
 IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE,
BULANDSHAHR, UTTAR RADESH
APPLICATION NO.__________OF 2024

IN THE MATTER OF:

AADHAR HOUSING FINANCE LTD. …APPLICANT

VERSUS

ANEES AHMAD & ANR. …RESPONDENTS

AFFIDAVIT

Affidavit of Nishant Chaudhary Authorized officer of

petitioner duly appointed by the petitioner Aadhar Housing
Finance Ltd., Branch Office On Namah by Emanante Delhi
Road Office No.4, 2nd Floor, Plot No. A2, A2a, A4, A4a, A3,
A3a, MI, Seema Nagar Palika, Hapur Village Chamri,
Hapur, Uttar Pradesh – 245101. The above named deponents
hereby solemnly affirm and declare as under:-

1. That the deponent states that respondents have availed Housing

Loan Rs. 07,93,871/- (Rupees Seven Lakh Ninety Three
Thousand Eight Hundred Seventy One Only) and did not
adhere to financial discipline and failed to deliver on their
financial commitments and as on 10.04.2024 date borrowers are
under obligation to pay Rs. 08,45,953/-(Rupees Eight Lakh
Forty Five Thousand Nine Hundred Fifty Three Only) along
with future interest to the Bank.

2. That the deponent states that borrowers have created an

equitable mortgage by deposit of original title deeds in respect of
the Secured Asset as envisaged in Sec 58(f) of TPA Act with the
Applicant with an intention to secure the said housing loan facility
and in favor of the Applicant company signifying Respondent’s
intention of creating equitable mortgage over the said property
and the claim of the applicant company is within the limitation
period.

3. That the deponent states that borrowers has created security

interest over immovable property as mentioned hereunder:

“ALL THAT PART AND PARCEL OF THE PROPERTY AT BUILT

UP RESIDENTIAL PLOT NO. 04, AREA MEASURING 90 SQ.
YRDS THAT IS 75.30 SQ. MTRS, PART OF KHET NO. 2154,
SITUATED IN MOHALLA GANJ SHAHZAT, KASBA –
SHIKARPUR, PARGANA & TEHSIL- SHIKARPUR, DISTRICT –
BULANDSHAHR, UTTAR PRADESH- 203131.”
 BOUNDED AS: -
EAST - RASTA 6M WIDE
WEST - PLOT AJIMUDDIN AND NAWAB KHAN.
NORTH - PLOT MOHD. UMAR
SOUTH - RASTA 6M WIDE.

4. That the deponent states that borrowers have committed default

after availing the aforesaid facilities of facilities Rs. 07,93,871/-
(Rupees Seven Lakh Ninety Three Thousand Eight Hundred
Seventy One Only) That the deponent states that in
consequence thereof, the subject loan account was declared
Non-Performing Asset (NPA) on 09.04.2024 with the
guidelines issued by the National Housing Bank NHB. And as on
10.04.2024 date borrowers are under obligation to pay Rs.
08,45,953/-(Rupees Eight Lakh Forty Five Thousand Nine
Hundred Fifty Three Only) with further contractual interest to
the Aadhar Housing Finance Ltd.

5. That the deponent states that a demand notice dated

10.04.2024 U/S 13 (2) of the Act has been duly served upon the
respondents as per the rules laid under the said Act.

6. That the borrowers had not sent made any representation under
Section 13(3) A and did not reply the said Notice.That the
deponent states that despite service of the said notice under
Section 13(2) respondents failed to clear the dues. Therefore the
deponent is entitled to take possession of the secured asset
under the provisions of sub section 4 of section 13 read with
section 14 of the said act.

7. That the deponent states that the provisions of this act and the
rules made there under had been complied with.

8. That no stay order has been served on applicant till the day with
regard to secured asset in question either by any Court.

9. That the deponent state that the secured asset is not on

agricultural land and therefore there is no bar under section 31 of
the SARFAESI Act, 2002 and also by other provisions of the said
Act.

DEPONENT

VERIFICATION

Verified at Bulandshahr on this ____day of __________, 2024

that the contents of the above affidavit are true and correct to my
knowledge and belief as per the records available with the Branch
and nothing material has been concealed there from.
 DEPONENT

IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE,

BULANDSHAHR, UTTAR RADESH
APPLICATION NO.__________OF 2024

IN THE MATTER OF:

AADHAR HOUSING FINANCE LTD. …APPLICANT

VERSUS

ANEES AHMAD & ANR. …

RESPONDENTS

INDEX

S.NO PAGE
PARTICULARS
. NO.
1. Application Under Section 14 of SARFAESI Act, 2002
along with affidavit.

2. ANNEXURE “A”: Copy of the Power of attorney.

3. ANNEXURE“B”:Copy of the Loan

Agreement/Sanction Letter.
4. ANNEXURE “C”: Copy of the Title Deed.

5. ANNEXURE “D”: Copy of the Statement of A/c and

NPA Certificate.

6. ANNEXURE “E”: Copy of the Demand Notice U/s

13(2) of SARFAESI Act along with postal receipt &
paper publication.
7. Vakalatnama.

For AADHAR HOUSING FINANCE LTD.

Dated: Authorized Officer
Place: Bulandshahr
 THROUGH,

MANISH/ RAHUL JAISWAL

Advocate

Vakalatnama
IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE,
BULANDSHAHR, UTTAR RADESH
APPLICATION NO.__________OF 2024

IN THE MATTER OF:

AADHAR HOUSING FINANCE LTD. …APPLICANT

VERSUS

ANEES AHMAD & ANR …

RESPONDENTS

I/we the undersigned do hereby nominate and appoint MANISH, RAHUL

JAISWAL Advocates EN. No. D/11980/22, UP04835/09 Mob.9773575379
to be counsel in the above matter and for me/us and no my/our behalf to
appear, plead act and answer in the above Court or any appellate Court or any
Court to which the business is transfer in the above matter, and to sign and file
petitions, statements accounts, exhibits, compromises or other documents
whatsoever, in connection with the said matter arising there from, and also to
apply for and receive all documents, depositions, etc. and to apply for issue of
summons and other writs or subpoena and to apply for and get issued any
arrest, attachment or other execution warrant or order and conduct any
proceeding that may rise thereof and to apply for and receive payment of any
or all sums or submit the above matter to arbitration. Provided, however, that,
if any part of the Advocate’s fee remains unpaid before the first hearing of the
case or if any hearing of the case be fixed beyond the limits of the town, then,
and in such an event my / our said advocate shall not be bound to appear
before the court and if may / our said advocate does appear in the said case he
shall be entitle to an outstation fee and other expenses of travelling, lodging,
etc. provided ALSO that if the case be dismissed by default, or if it be
proceeded ex-parte, the said advocate(s) shall not be held responsible for the
same. And all whatever my / our said advocate(s) shall lawfully do I do here by
agree to and shall in future ratify and confirm.

ACCEPTED:-
…………………………..……
MANISH, RAHUL JAISWAL
Advocates Signature of the Client.
MOB. NO. 9773575379. Authorised Officer
Dated:
On behalf of Applicant
AADHAR HOUSING FINANCE LTD.