State Bank Of Bikaner And Jaipur — Objection and/or strong demur on delivering physical possession of our showroom

Address:

Burdwan, West Bengal, 713303

State bank of bikaner and jaipur,
32, g. t. road,
Asansol, near b. b. road,
District – burdwan,
Pin – 713 301.

The authorized officer,
State bank of bikaner and jaipur,
14, n. s. road,
Kolkata – 700 001.


Sub: objection and/or strong demur on delivering physical possession of our showroom to some persons alleged as your purchaser.


Dear sir;

In guise of taking steps under sarfaesi act 2002, you have taken physical possession of our showroom on 25.08.2014 and we were physically dispossessed. our showroom was functional when you had taken physical possession of the same. our showroom was situated at g. t. road (east), murgasol, asansol – 713 303.

Several illegalities and/or infirmities were committed by you while taking over possession of our showroom, including the fact that you had not provided us either the panchanama or the inventory.

The situation had been such that all our efforts to seek justice did not reap results. we reserve our right to seek justice as we have strong belief in due process of law.

You have also taken steps to illegally sell our showroom, which comprise of the said properties and your action has been challenged by a co-sharer of the land namely mr. dipak dhokania and smt. usha dokania. insofar as the portion comprising 250 square feet is concern, the 1/7th undivided share/ owner has also impugned the action for sale carried out by you. both the challenge are pending adjudication before different forums. though, the undersign has irretrievable differences with dipak dhokania, smt. usha dokania and also with smt. asha chaudhury, however, support the cause of challenge to the illegal steps you had taken under sarafesi act 2002.

In the meanwhile, it is discovered that you have unlawfully sold our showroom and have been delivering possession of the same to some persons alleged as auction purchasers namely rani sati coal carriers (hereinafter referred to as the said purported purchaser). the purported purchaser does not have any right to remain in possession of our showroom and is in illegal possession.

Nevertheless, as it appears that you have allegedly sold only the immovable property and not the movables lying thereat. it is trite to mention that while taking over physical possession of our showroom, the said showroom had housed and/or inventories the following movable assets: -

A. motorcycles and scooters;
B. one portable generator;
C. service equipments;
D. one compressor machine;
E. one water pump;
F. books of accounts;
G. several computers and computer accessories;
H. cash;
I. gold ornaments;
J. souvenirs composed of gold and silver;
K. stocks;
L. household goods and items.
M. spare parts;
N. laptops;
O. printer;
P. etc;

In as much as you have allegedly sold only the immovable property i. e. our showroom and not the movable assts over which you have no charge (assets detailed above) kindly apprise us the status of the same. the purported auction purchaser does not have any right over the movable assets. be it noted that the estimated costs of the movable assets lying inside the said showroom was
Rs 4, 05, 000, 00.00/- (four crores and five lakhs only), where about of the same kindly be informed to us, within 7 days of the receipt of the instant notice so that we may take appropriate legal steps to safeguard our legal rights, failing which we shall be constrained to take adequate legal recourse needless to mention at your costs and peril.


Yours faithfully,


Ks motors


Saroj doakania
Partner