IN THE HON’BLE COURT OF DISTRICT MAGISTRATE,

SAHARANPUR, 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:

VASTU HOUSING FINANCE CORPORATION LTD.
Public Limited Company incorporated under the
Companies Act, 1956, having its Registered Office at
Unit 203 & 204, 2nd Floor, A Wing, Navbharat Estate, Zakaria
Bunder Road, Sewri (West), Mumbai – 400015
AND
Having one of its Branch Office inter-alia at
Ranipurmood, 2nd Floor, Near PNB Bank, Uttarakhand 249407.
Through its Authorized Officer: -_________________.
----Secured Creditor/applicant
VERSUS
1. MR./MRS. SHAHZEB ALAM
RESIDENT ADD.:-
NEW HANUMAN NAGAR BEHAT ROAD, SAHARNPUR, HANUMAN
MANDIR, SAHARANPUR- 247001 (UTTARPRADESH).

PROPERTY ADD.:-
KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR-247001 (UTTARPRADESH)

2. MR./MRS. JAITUN
RESIDENT ADD.: -
NEW HANUMAN NAGAR BEHAT ROAD, SAHARNPUR, HANUMAN
MANDIR, SAHARANPUR- 247001 (UTTARPRADESH).

PROPERTY ADD.: -
KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR NEW HANUMAN NAGAR,
HANUMAN MANDIR, SAHARANPUR-247001 (UTTARPRADESH)

3. MR./MRS. NAJMA
RESIDENT ADD.: -
NEW HANUMAN NAGAR BEHAT ROAD, SAHARNPUR, HANUMAN
MANDIR, SAHARANPUR- 247001 (UTTARPRADESH).

PROPERTY ADD.: -
KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR NEW HANUMAN NAGAR,
HANUMAN MANDIR, SAHARANPUR-247001 (UTTARPRADESH)

4. MR./MR SAEED SHAH

RESIDENT ADD.: -
NEW HANUMAN NAGAR BEHAT ROAD, SAHARNPUR, HANUMAN
MANDIR, SAHARANPUR- 247001 (UTTARPRADESH).
 PROPERTY ADD.: -
KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR NEW HANUMAN NAGAR,
HANUMAN MANDIR, SAHARANPUR-247001 (UTTARPRADESH)

-----Respondents /
Borrowers

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 VASTU HOUSING FINANCE is a company
incorporated under the Companies Act, 1956 , subsidiary of
registered with National Housing Bank (NHB) in terms of the
National Housing Bank Act, 1987 and having its registered office
at Unit 203 & 204, 2nd Floor, A Wing, Navbharat Estate, Zakaria
Bunder Road, Sewri (West), Mumbai – 400015 and is a notified
Company under the Securitization 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, Mr.

________________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 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 PIECE AND PARCELS OF RESIDETIAL HOUSE BUILT
ON KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR NEW HANUMAN NAGAR,
HANUMAN MANDIR, SAHARANPUR-247001 (UTTAR PRADESH),
MEASURING 50 SQ. YDS. I.E. 41.80 SQ. MTRS. WITH ALL COMMON
AMENITIES AS MENTIONED IN SALE DEED.”
BOUNDARIES: -
EAST- WAY 20’ WIDE
WEST- REST PART OF PLOT NO. 2
NORTH- WAY 18’ WIDE
SOUTH- PLOT NO.1

4. That the Respondents 1 & 2 have availed home equity Loan

Facility of Rs. 5,00,000/-(Rupees Five Lakh Only) under
Loan Account No. LP0000000044513 also further
sanctioned 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 Agreement No. – LP0000000044513 respectively 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 Respondents intention of
creating equitable mortgage over the said property. The copy
of the memorandum of deposit of Title Deed along with
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 05.03.2024 with the guidelines issued by the
National Housing Bank (NHB)/RBI. And as on date 16.03.2024
borrowers are under obligation to pay Rs.5,17,606/- (Rs. Five
Lakh seventeen Thousand Six Hundred Six Only) vide
Loan Account No. LP0000000044513 with further interest
and additional/penal interest at the contractual rate till date of
repayment of the des in full to the TCHFL. This is as per the
account maintained by the Applicant Company in the usual
course of its day-to-day business. The Copy of statement of A/C
along with NPA Certificate are annexed herewith as Annexure-
D.
7. That as on date of Notice i.e. 19.03.2024 borrowers/
guarantor is under obligation to pay Rs. 5,17,606/- (Rs. Five
Lakh Seventeen Thousand Six Hundred Six Only) with
further interest and additional/penal interest at the contractual
rate till date of repayment of the des in full to the TCHFL. 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 19.03.2024 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 19.03.2024 along with Postal
Receipt is annexed herewith as Annexure-E. The copy of the
Possession Notice U/S 13 (4) dated 29.06.2024 along with
Paper Publications are annexed herewith at Annexure-F.

9.The Applicant further says and submits that, despite the said
notice dated 19.03.2024 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 19.03.2024 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.

That the provisions of this Act and rule made there under
11.
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 Saharanpur 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 Company.

-: 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 PIECE AND PARCELS OF RESIDETIAL HOUSE BUILT

ON KH. NO. 522 ME WAKE DHARA KOT TALA SWAD BEHROON,
PARGANA TEHSIL DISST. SAHARANPUR NEW HANUMAN NAGAR,
HANUMAN MANDIR, SAHARANPUR-247001 (UTTAR PRADESH),
MEASURING 50 SQ. YDS. I.E. 41.80 SQ. MTRS. WITH ALL COMMON
AMENITIES AS MENTIONED IN SALE DEED.”

BOUNDARIES: -
EAST- WAY 20’ WIDE
WEST- REST PART OF PLOT NO. 2
NORTH- WAY 18’ WIDE
SOUTH- PLOT NO.1

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 Vastu Housing Finance Corporation Ltd.

Authorized Officer
Dated:
Place: SAHARANPUR

THROUGH,
PARAS GERA/RAHUL JAISWAL
Advocate
ARC Legum Lawyers & Associates
Office: A-225, Sector-14, Kaushambi, Ghaziabad – 201010
 VERIFICATION

I, ____________________, 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 any material facts.

Dated:

For Tata Capital Housing Finance Ltd.

Authorized Officer
 IN THE HON’BLE COURT OF DISTRICT MAGISTRATE,
SAHARANPUR, UTTAR PRADESH
APPLICATION NO.__________OF 2024

IN THE MATTER OF:

VASTU HOUSING FINANCE CORPORATION LTD. …APPLICANT

VERSUS

MR. SHAHZEB ALAM & ORS. …RESPONDENTS

AFFIDAVIT
I, _______________, Authorized officer, Tata Capital Housing
Finance Ltd., Having one of its Branch Office inter-alia at 1st Floor,
Balaji Tower, Delhi Rd, opposite Regency Apartments, Pant Vihar,
Saharanpur, Chiruki, Uttar Pradesh-247001, do hereby solemnly
affirm and declare as under: -

1. That the deponent states that respondents have availed

home equity loan facilities of Rs. 5,00,000/-(Rupees Five
Lakh Only) under Loan Account No.
LP0000000044513. Respondents did not adhere to
financial discipline and failed to deliver on their financial
commitments & as on date 16.03.2024 borrowers are under
obligation to pay Rs. 5,17,606/- (Rs. Five Lakh
seventeen Thousand Six Hundred Six Only) vide Loan
Account No. LP0000000044513 with further interest and
additional/penal interest at the contractual rate till date of
repayment of the des in full to the TCHFL.

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 Respondents 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 have created

security interest over immovable property as mentioned
hereunder:
“ALL THAT PIECE AND PARCELS OF RESIDETIAL HOUSE BUILT
ON PLOTNO. 26, ADMEASURING 100 SQ YDS I.E. 83.61 SQ MTRS
(60’x15’) VCOVERED AREA 120 SQ.YDS. I.E 100.33 SQ. MTRS,
COMPRISED IN KHASARA NO. 264, SITUATED AT VILLAGE DARA
KOT-TALA BAIROON, LOCALITY KNOWN AS ABADI BIKESHWAR
NAGAR COLONY, PARGANA SAHARANPUR, TEHSIL & DISTT.
SAHARANPUR (UTTAR PRADESH), WITH ALL COMMON
AMENITIES AS MENTIONED IN SALE DEED.”

BOUNDARIES:-
EAST- REST HALF PART OF PLOT NO. 26
WEST- PLOT NO. 27
NORTH- PLOT NO. 28
SOUTH- RASTA 20FT. WIDE I.E. 6.09MTRS.

4. That the deponent states that borrowers have committed

default after availing the aforesaid home equity loan
facilities of Rs. 16,00,000/-(Rupees Sixteen Lakh Only)
under Loan Account No. LP0000000044513.

5. That the deponent states that in consequence thereof, the

subject loan account was declared Non-Performing Asset
(NPA) on 05.03.2024with the guidelines issued by the
National Housing Bank (NHB)/RBI. And as on date
16.03.2024 borrowers are under obligation to pay Rs.
5,17,606/- (Rs. Five Lakh seventeen Thousand Six
Hundred Six Only) vide Loan Account No.
LP0000000044513 with further interest and
additional/penal interest at the contractual rate till date of
repayment of the des in full to the TCHFL.

6. That the deponent states that a demand notice dated

19.03.2024 U/S 13 (2) of the Act has been published in the
two leading newspaper dated 19.04.2024 as per the rules
laid under the said Act.

7. That the borrowers had not sent made any representation

under Section 13(3) A and did not reply the said Notice.

8. 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.

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

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

11. 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 Saharanpur 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 DISTRICT MAGISTRATE,
SAHARANPUR, UTTAR PRADESH
APPLICATION NO.__________OF 2024

IN THE MATTER OF:

VASTU HOUSING FINANCE CORPORATION LTD. …APPLICANT

VERSUS

MR. SHAZEB ALAM & ORS. …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.
4. ANNEXURE “C” : Copy of the Title Deeds &
Memorandum of Deposit of 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. ANNEXURE “F” :Copy of the Possession Notice
U/s 13(4) of SARFAESI Act along with postal
receipt & paper publication
8. Vakalatnama.

For Vastu Housing Finance Corporation Ltd.

Dated: Authorized Officer
Place: SAHARANPUR
THROUGH,

Paras Gera/Rahul Jaiswal

Advocate
ARC Legum Lawyers & Associates
 Vakalatnama
IN THE HON’BLE COURT OF DISTRICT MAGISTRATE, SAHARANPUR,
UTTAR PRADESH
APPLICATION NO.__________OF 2024
IN THE MATTER OF:

VASTU HOUSING FINANCE CORPORATION LTD. …APPLICANT

VERSUS

MR. SHAHZEB ALAM & ORS. …RESPONDENTS

I/we the undersigned do hereby nominate and appoint Paras

Gera/Rahul Jaiswal, Advocate R/O - Plot no. A-225, GF, Sec-14,
Kaushambi, Ghaziabad- 201010; EN. No. ________________ Mob.
9990672719 to be counsels 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:-
…………………………..……

Paras Gera/Rahul Jaiswal

Advocate Signature of the Client
En. No. Authorised Officer
MOB. NO. 9990672719 On behalf of
Applicant
Dated: Tata Capital Housing Finance Ltd.