BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II

TRIVENI COMPLEX ABIDS, HYDERABAD

Securitisation Application No. of 2024

Between:

Medichari Thirupathi
.. Applicants

AND

Repco Home Finance Limited

.. Respondents

MATERIAL PAPER INDEX

Sl. No. Description Page Nos.

1. Application
2. Vakalat
3. List of Documents

PLACE : HYDERABAD
DATE : COUNSEL FOR APPLICANT
 APPLICATION FILED UNDER SECTION 17 OF SECURITISATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT, 2002.

S.A. No. OF 2024

DATE OF FILING _______________________________________________

DATE OF RECEIPT: ___________________________________________

REGISTRATION NO.: _________________________________________

SIGNATURE

REGISTRAR ________________________________________________
 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

Securitisation Application No. of 2024

Between:

Medichari Thirupathi
.. Applicants

AND

Repco Home Finance Limited

.. Respondents

MEMORANDUM OF APPLICATION U/s. 17 OF

THE SECURITISATION ACT, 2002

Filed on.…

Filed by: COUNSEL FOR APPLICANTS

Allam Nagaraju (13910), Advocate,

H.No: Villa No.11, Pavani Villas,
Dwarakapuri Colony, Punjagutta,
Hyderabad-500082. Mobile:
9848522935. Email:
allamnagaraju27@gmail.com
 MEMORANDUM OF APPLICATION U/s. 17 OF SECURITISATION ACT, 2002
For use in Tribunal Office

Date of Filing………………...
Date of Receipt by Post……………...
Registration Number:
Signature of the Registrar

BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II

TRIVENI COMPLEX ABIDS, HYDERABAD

Securitisation Application No. of 2024

Between:

Medichari Thirupathi
S/o Kommari Naesaiah
H No.2-67/8, Kotarmoor, Perkit,
Nizamabad - 503224.
Also at R/o Thirumala Furniture and wood works,
Armor Mondal, Nizamabad - 503224
…. Applicant
AND
Repco Home Finance Limited
Address: 3rd Floor, Alexander Square,
New No:2 (OLd No.34 & 35), Sardar Patel Road,
Guindy Chennai - 600032
…Respondent

1. Particulars of the Applicants:

(a) Name of the Applicants

Medichari Thirupathi
R/o H No.2-67/8, Kotarmoor, Perkit, Nizamabad 503224

(b) Address for service of all notces: Same as above

2. Particulars of the Respondents:

(a) Name of the Respondent

Repco Home Finance Limited,

Address: 3rd Floor, Alexander Square,
New No:2 (OLd No.34 & 35), Sardar Patel Road,
Guindy Chennai - 600032

(b) Address for service of all notces: Same as above

3. Jurisdiction of the Tribunal:

The Applicant declare that the application falls within the Jurisdiction of the

Hon’ble Tribunal in terms of Sec.17 of the Securitisation Act. The schedule

property is at Kotarmoor Village and mandal, Dist. Nzamabad.

4. Limitation:

The applicants declare that the appeal s within the period of limitation under

Section 17(1) of Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Assets Act, 2002, as per the Possession Notice

dated 27.08.2024 to repay the amount within 60 days from the date of the

receipt of the said notice, as such the application fled within the limitation.

5. Facts of the case and the orders:

1. It is respectfully submitted that the Respondent granted financial assistance

to the Applicants, who availed the said facility for sanctioning of the housing
loan, the Applicant started paying the loan amounts to the Respondent bank
regularly without any default till December, 2023.
2. It is respectfully submitted that the on 20.05.2024, the Respondent’s agency
person came to the Applicant’s house, with a “Demand Notice” calling upon
the Applicant to pay the outstanding amount of Rs.8,40.097/- (Rupees Eight
Lakhs Forty Thousand and Ninety-Seven only) to the Respondent bank.
3. It is evident that the Applicant have acquired a loan of Rs.10,03,398/-
(Rupees Ten Lakhs Three Thousand and Three Hundred and Ninety-Eight
Only)- by mortgaging the Schedule Property in the Respondent Bank in the
year 2019. As a prudent individual, the Applicant have consistently made the
required EMI of Rs.16,035/- throughout the months. It is pertinent to mention
that due to recession the Applicant lost his job and nonpayment of salary and
health issues, the Applicant is unable to continue making the EMI payments.
Due to this the Respondent has issued Non-Performing Asset (NPA) on
15.05.2024 against the Applicant.
4. It is respectfully submitted that the Respondent has again sent the
“Possession Notice” dated 27.08.2024 under section 13(8) of the
Securitisation Act, stating that the undersigned has taken possession of the
Property. However, it is with great concern that the Applicant state that the
 bank has taken an advantage of the Applicant situation and threated by
coming to the Applicant’s house, demanding the Applicant’s to vacate and
hand over the possession of the schedule property to the Respondent bank.

This Hon'ble Tribunal may be pleased to stay of all further

proceedings pursuant to the Possession Notice dated 27.08.2024 and
measures to be taken under the guise of the proceedings to be initiated
under SARFAESI Act 2002, the respondent may succeed in its attempts for
conducting the sale of property, the Applicant will be put to irreparable loss
and injury. Hence, there is no other alternative remedy except to approach
this Hon'ble Tribunal for necessary reliefs

5. Relief Sought:

In view of the facts mentioned above, the applicant pray that the Hon’ble

Tribunal may be pleased to: stay of all further proceedings, including taking

physical possession of the schedule property, in pursuance of the

‘Possession notice' dated 27.08.2024 issued by the Respondent to take

physical possession of the property and pass such other order or orders as

this Hon'ble Tribunal deems fit and proper in the circumstances of the case.

6. Interim Order, if prayed for:

Pending final decision on and disposal of the present application, the

applicants seek and pray that the Hon’ble Tribunal may be pleased to

stay of all the proceedings including taking physical possession of the

schedule property, in pursuance of the “Possession Notice” dated

27.08.2024 issued by the Respondent and pass such order or orders

as this Hon’ble Tribunal deems fit and proper in the circumstances of

the case.

Matter not pending with any other Court etc.:

 The Applicants further declare that the matter regarding which this

application is filed is not pending before any Court of law or any other

Authority or Tribunal.

8. Particulars of Bank Draft, Postal Order in respect of deposit of debts

due in terms of Section 17(2) of Securitisation and Reconstruction of
Financial Assets & Enforcement of Security Interest Act 2002
applicable or under any other provisions of the Act:

Not applicable in view of Judgment of the Hon’ble Supreme Court in

Mardia Chemicals Ltd., on 8th April, 2004 vide 2004(4) SCC 311

9. Particulars of Bank Draft / Postal Order in respect of the fee paid in

terms of Rule 7 of the DRT (procedure) Rules:

Name of the Bank/Post Office:

No. of D.D. / Postal Order:

Date of Issue:

Amount Rs.

10. Details of Index:

An index in duplicate containing the details of the documents relied upon is
enclosed.

11. List of Enclosures: As given in the index

 VERIFICATION

I, Medichari Thirupathi, S/o Kommari Naesaiah, H No.2-67/8, Kotarmoor,

Perkit, Nizamabad - 503224.Also at R/o Thirumala Furniture and wood works,
Armor Mondal, Nizamabad - 503224, do hereby verify and state that the contents
in Para Nos. 1 to 11 are true and correct to the best of my personal knowledge and
belief and that I have not suppressed and material facts.

Place: Hyderabad
Date:

Counsel for the Applicants Applicant

SCHEDULE OF THE PROPERTY

All that the portion of House consist the existing RCC Roofed Residential House
bearing GP No:2-67/8 measuring 168.88 Sq. yards, constructed over the plot No.25
lies in Sy No:9/1EE. 9/1U, 9/2EE, 9/3E and 9/4AA situated at Kotarmoor Village
and mandal, Dist. Nzamabad within the GP limits of Perkit Village, Registration Sub
District and Registration District Nizamabad and bounded as

North : 30’ Wide Road

South : Plot No.24

East : Plot No.26

West : 21’ Wide Road

Place: Hyderabad
Date:

Counsel for the Applicant Applicant

 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

Securitisation Application No. of 2024

Between:

Medichari Thirupathi
.. Applicant

AND

Repco Home Finance Limited

.. Respondent

RUNNING INDEX

Sl Description of the document Date of Page Nos.

No. document
1.
2.
3.
4.
5.

Vakalat

Hyderabad
Date :
COUNSEL FOR APPLICANT
 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

Securitisation Application No. of 2024

Between:

Medichari Thirupathi
.. Applicant

AND

Repco Home Finance Limited

.. Respondent

APPLICATION FILED UNDER SECTION 17 OF SECURITISATION AND

RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT, 2002.
*-*-*-*-*

FILED ON :

FILED BY :

M/s Allam Nagaraju (13910), Advocate, H.No: Villa No.11, Pavani Villas,
Dwarakapuri Colony, Punjagutta, Hyderabad-500082. Mobile: 9848522935.
Email: allamnagaraju27@gmail.com

Counsels for the Applicant

 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

I.A NO. OF 2024

IN
SA NO. OF 2024

Between:

Medichari Thirupathi
S/o Kommari Naesaiah
H No.2-67/8, Kotarmoor, Perkit,
Nizamabad - 503224.
Also at R/o Thirumala Furniture and wood works,
Armor Mondal, Nizamabad - 503224
…. Applicant
AND
Repco Home Finance Limited
Address: 3rd Floor, Alexander Square,
New No:2 (OLd No.34 & 35), Sardar Patel Road,
Guindy Chennai - 600032
…Respondent

(STAY PETITION)
(PETITION FILED UNDER SECTION 17 OF THE SECURITISATION AND
RECONSTRUCTION OF FINANCIAL AND ENFORCEMENT OF SECURITY
INTEREST ACT, 2002) RW/ SEC 22(g)(h) OF RDBI ACT)

FILED ON :

FILED BY :

M/s Allam Nagaraju (13910), Advocate, H.No: Villa No.11, Pavani Villas,
Dwarakapuri Colony, Punjagutta, Hyderabad-500082. Mobile: 9848522935.
Email: allamnagaraju27@gmail.com

Counsels for the Applicant

 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

I.A NO. OF 2024

IN
SA NO. OF 2024

Between:

Medichari Thirupathi
S/o Kommari Naesaiah
H No.2-67/8, Kotarmoor, Perkit,
Nizamabad - 503224.
Also at R/o Thirumala Furniture and wood works,
Armor Mondal, Nizamabad - 503224
…. Applicant
AND
Repco Home Finance Limited
Address: 3rd Floor, Alexander Square,
New No:2 (OLd No.34 & 35), Sardar Patel Road,
Guindy Chennai - 600032
…Respondent

(PETITION FILED UNDER SECTION 17 OF THE SECURITISATION AND

RECONSTRUCTION OF FINANCIAL AND ENFORCEMENT OF SECURITY
INTEREST ACT, 2002, R/w. Section 22(2)(h) of RDDB Act)

For the reasons stated in the accompanying affidavit it is prayed that pending
disposal of above appeal, the Hon’ble Tribunal may be pleased to stay of all further
proceedings, including taking physical possession of the schedule property, in
pursuance of the ‘Possession notice' dated 27.08.2024 issued by the Respondent
to take physical possession of the property and pass such other order or orders as
this Hon'ble Tribunal deems fit and proper in the circumstances of the case

Hyderabad
Date :
COUNSEL FOR APPLICANT
 SCHEDULE OF THE PROPERTY

All that the portion of House consist the existing RCC Roofed Residential House
bearing GP No:2-67/8 measuring 168.88 Sq. yards, constructed over the plot No.25
lies in Sy No:9/1EE. 9/1U, 9/2EE, 9/3E and 9/4AA situated at Kotarmoor Village
and mandal, Dist. Nzamabad within the GP limits of Perkit Village, Registration Sub
District and Registration District Nizamabad and bounded as

North : 30’ Wide Road

South : Plot No.24

East : Plot No.26

West : 21’ Wide Road

Place: Hyderabad
Date:
Counsel for the Applicant
 BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL II
TRIVENI COMPLEX ABIDS, HYDERABAD

I.A NO. OF 2024

IN
SA NO. OF 2024

Between:

Medichari Thirupathi
…. Applicant
AND
Repco Home Finance Limited

…Respondent

I, Medichari Thirupathi, S/o Kommari Naesaiah, H No.2-67/8, Kotarmoor, Perkit,

Nizamabad - 503224.Also at R/o Thirumala Furniture and wood works, Armor
Mondal, Nizamabad - 503224, do hereby sincerely affirm on oath under:
1. I am deponent herein and Applicant as such I am well acquainted with the
facts and circumstances of the case hereunder:
2. It is respectfully submitted that the Respondent granted financial assistance
to me, who availed the said facility for sanctioning of the housing loan, I
started paying the loan amounts to the Respondent bank regularly without
any default till December, 2023.
3. It is respectfully submitted that the on 20.05.2024, the Respondent’s agency
person came to my house, with a “Demand Notice” calling upon to pay the
outstanding amount of Rs.8,40.097/- (Rupees Eight Lakhs Forty Thousand
and Ninety-Seven only) to the Respondent bank.
4. It is evident that I have acquired a loan of Rs.10,03,398/- (Rupees Ten Lakhs
Three Thousand and Three Hundred and Ninety-Eight Only)- by mortgaging
the Schedule Property in the Respondent Bank in the year 2019. As a
prudent individual, I have consistently made the required EMI of Rs.16,035/-
throughout the months. It is pertinent to mention that due to I lost my job and
nonpayment of salary and health issues, I am unable to continue making the
EMI payments. Due to this the Respondent has issued Non-Performing
Asset (NPA) on 15.05.2024 against me.
5. It is respectfully submitted that the Respondent has again sent the
“Possession Notice” dated 27.08.2024 under section 13(8) of the
Securitisation Act, stating that the undersigned has taken possession of the
 Property. However, it is with great concern that I state that the bank has
taken an advantage of my situation and threated by coming to my house,
demanding me to vacate and hand over the possession of the schedule
property to the Respondent bank.

This Hon'ble Tribunal may be pleased to stay of all further

proceedings pursuant to the Possession Notice dated 27.08.2024 and
measures to be taken under the guise of the proceedings to be initiated
under SARFAESI Act 2002, the respondent may succeed in its attempts for
conducting the sale of property, I will be put to irreparable loss and injury.
Hence, there is no other alternative remedy except to approach this Hon'ble
Tribunal for necessary reliefs.

Sworn and signed on

This day of
Before me at
Deponent

VERIFICATION

I, Medichari Thirupathi, S/o Kommari Naesaiah, H No.2-67/8, Kotarmoor,

Perkit, Nizamabad - 503224.Also at R/o Thirumala Furniture and wood works,
Armor Mondal, Nizamabad - 503224, do hereby verify and state that the contents
in Para Nos. 1 to 11 are true and correct to the best of my personal knowledge and
belief and that I have not suppressed and material facts.

Place: Hyderabad
Date:

Counsel for the Applicants Applicant