FORM-1

[See Regulation-3(2)]

Before the Debts Recovery Tribunal-1, Chennai

In the matter of:

Case No. ________________

_____________________________________________________ ......(Applicant(s)

Versus

_____________________________________________________....... Defendant(s)

INDEX

Applicant(s)

Through Counsel

FORM NO.2

[See Regulation-9(1)]

CHECK LIST

DEBTS RECOVERY TRIBUNAL-I CHENNAI

(Part-A)

1. Dairy No.                                                    : _______________________________

2. Date of Presentation                                   _______________________________        

3. Presented by                                               : _______________________________

4. Whether Fresh or Transferred                     :

  If Transferred then                                        : _______________________________

  a) The name of transferring Court                : _______________________________

  b) No. of case in transferring Court              : _______________________________

  c) Date of Receipt in the Tribunal                 : _______________________________

  d) Whether the case has been correctly        : _______________________________

    filed or file is to be returned.                      : _______________________________

(Part-B)

1. a) Whether the Application/Appeal in prescribed form                              : Yes/No

  b) Whether Addition/Correction in the application                                      : Yes/No

     has been initiated.

  c) Total Number of Sets in Paper Book Form                                               :

2. a) Whether the addresses of the parties are given                                      : Yes/No

  in the title or not.

3. a) Whether the Application/Appeal is duly signed & verified                    :Yes/No

  b) Whether the Annexure are duly signed and authenticated                       : Yes/No

  c) Whether proper date of filing is mentioned on Application,                     : Yes/No

    Vakalatnama etc. 

  d) Whether Memo of address of the applicant is furnished                          : Yes/No

4. Language of Application whether English Or Hindi?                     : English/Hindi              (If not in Hind Or English, then whether true Translation (However, true translation

  In Hindi or English is enclosed).         of the documents at Page number not provided)

5. a) Whether Vakalatnama/Authority Letter has been filed                          : Yes/No

  b) Whether Power of Attorney/Letter of Authority for filing                      : Yes/No

     the Application/Appeal has been filed.

Note :Strike out whichever is not applicable.

- 2 -

6. Whether the Application/Appeal is within the limitation,                          : Yes/No

  If no, whether application for condonation of delay is filed?

7. a) Whether the General Index & list of documents been signed                : Yes/No.

  b) Whether paging has been properly done.                                                 : Yes/No

8. a) Whether all the copies of documents has been filed                              : Yes/No

  b) Whether all the annexures as per list of documents are                            : Yes/No

     made available on record.

  c) Whether certified coy of judgment & decree has been filed                    : Yes/No.

  d) Whether the certified copy on which MA/Review/Appeal                      : Yes/No.

     has been preferred is filed.

9. a) Whether copy of statement of accounts with requisite                          : Yes/No.

    Certificate annexed to O.A.

  b) Amount of claim as per application                      Rs.______________= ________

10. a) Application fee paid by Demand Draft or IPO/e-Payment  DD/PO/MC/IPO No.

   (Check the number, Name of Bank/Post Office         ________ dt.________

   Date, amount).                                  For ____Rs._________

   b) Whether fee is proper or not                                                                    : Yes/No.

   c) Whether particulars of fee paid is mentioned in                                     : Yes/No.

     Pare 9 of application).

11. Relief Sought                                                                                :                                                           As per para _____

12. Whether an Interim Relief is claimed                                                       :Yes/No

 if yes,               Whether fee thereon paid.                                                                : Yes/No

13. Whether sufficient number of file sized envelopes,                                 : Yes/No

   with complete addresses of all the defendants have been filed.

14. a) Whether all documents are on full scape/legal size/paper                     : Yes/No

   If not, then whether pasted/affixed on full scape paper

   with signatures of party submitting the application.

   b) Whether legible copies of documents filed.                                            : Yes/No.

15. Whether any document is torn/Mutilated (If yes, the description)          : Yes/No.

Comply the objection No . Sr.No._____________ on before_____________________

Dated:                                                             (Signature of Checking ASS/UDC/LDC)

Note :Strike out whichever is not applicable.

FORM NO.3

[See Regulation-15 (1)(a)]

IN THE DEBTS RECOVERY TRIBUNAL -1 AT CHENNAI

O.A. NO. __________ OF ________       Exh.No.__________

____________________________ Applicant (s)

Versus

_____________________________ Defendants (s)

SUMMONS

WHEREAS the applicant has instituted an application U/S 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against you for the recovery of sum mentioned therein together with current and future interest and other reliefs. You are hereby summoned to appear and file written statement before this Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of Tribunal on _________ to answer the claim.

2.         A copy of the application is enclosed herewith. The copies of the annexures are also enclosed. You are directed to collect the annexure on your appearance before the Tribunal.

3.                  If you intend to file any documents, you may file the same with a list along with the written statement.

4.                  You should file your registered address and a memo of appearance when you enter appearance before the Tribunal either in person or by a Pleader/Advocate duly instructed.

5.                  Take notice that, in default of, your appearance on the day mentioned herein before, the proceeding will be heard and determined in your absence.

Given under my hand and the seal of this Tribunal on this ________ day of __________20  .

Signature of the Officer

Authorised to issue summons.

Note :Strike out whichever is not applicable.

FORM NO.4

 [See Regulation-15 (1) (b)]

NOTICE UNDER SECTION 17 OF SECURITIZATION ACT R/W PROVISIONS OF THE DEBTS RECOVERY TRIBUNAL ACT AND THE DEBTS RECOVERY TRIBUNAL (PROCEDURE) RULES, 1993 AS AMENED FROM TIME TO TIME.

CASE NO……….

APPLICANT (S) …………………..  VS.  DEFENDANT (S)   ……………….

An application under Section 17(1) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 has been filed before this Tribunal (A copy of application is enclosed).

            Show cause as to why the relief prayed for should not be granted. You are required to file reply, if any, in your defence in the paper book form in two complete sets and produce all the documents and affidavit in your support in the Tribunal personally or through your duly authorized agent or legal practitioner and appear before this Tribunal on……….. at 10.30 A.M. failing which the application shall be heard and decided in your absence. You are further directed to supply advance copy of the reply to the SA to the Counsel for the Applicant.

Given under my hand and the seal of this Tribunal on this ____ day of _____20   .

By order of Tribunal

       Registrar

FORM NO.5

 [See Regulation-15 (1)(c)]

BEFORE DEBTS RECOVERY TRIBUNAL-I CHENNAI

Notice under Section 31-A r/w 19(4) of the Recovery to Debts Due to Banks and Financial Institutions Act, 1993 read with Rule 12 & 13 of the Debts Recovery Tribunal (Procedure) Rules, 1993.

In the matter of:

Take notice that Execution Application filed by Applicant for issuance of Recovery Certificate and the same was listed before the Hon’ble Presiding Officer on …………..  A copy of this application is enclosed herewith.

Take notice that you are directed to appear in person or through your legal authorized representative before the Hon’ble Tribunal on ……….. at 10.30 A.M., failing which the matter shall be heard in your absence.

Given under my hand and the seal of this Tribunal on this ____ day of _____20   .

By order of Tribunal

       Registrar

FORM NO.6

 [See Regulation-15 (1)(d)]

IN THE DEBTS RECOVERY TRIBUNAL -I   AT CHENNAI

Misc I.A.  / RA No. ________ OF ___________

Exh. No.

____________________________   Applicant(s)

versus

_____________________________   Respondent(s)

notice

WHEREAS the application has been made to this Tribunal. The copy of which is enclosed herewith. This is to give you notice, as to why relief asked for should not be granted. Take notice that the said application will be taken up for hearing by the Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of the Tribunal on _________.

2.         You are required to appear in person or by a Pleader/Advocate duly instructed at the aforesaid time and file your reply, if any.

3.         Take notice that in default of, your appearance on the day mentioned herein before, the proceeding will be heard and determined in your absence.

Given under my hand and the seal of this Tribunal on this ________ day of __________20  .

Signature of the Officer

Authorised to issue summons.

Note : Strike out whichever is not applicable.

FORM NO.7

[See Regulation-15 (1)(e)]

IN THE DEBTS RECOVERY TRIBUNAL -I   AT CHENNAI

APPEAL NO. ________ OF ___________

____________________________   Appellant(s)

versus

_____________________________   respondent(s)

notice

WHEREAS the above named appellant has preferred an appeal under R.D.D.B.F.I. Act against the order passed by the Registrar/Recovery Officer in O.A./R.P. No._______ under section 30 of R.D.D.B.F.I. Act on  _________.

2.         Take notice that the said appeal (copy enclosed) will be taken up for hearing by the Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of the Tribunal on__________20

3.         You are hereby required to appear in person or by a Pleader/Advocate duly instructed, as the case may be, at the aforesaid time and place.

4.  If you do not appear on the date of hearing, the appeal shall be decided in your absence. 

Given under my hand and the seal of this Tribunal on this ________ day of _______ 20   .

Signature of the Authorised Officer

Note : Strike out whichever is not applicable.

FORM NO.8

[See Regulation-17(1)]

IN THE DEBTS RECOVERY TRIBUNAL -I   AT CHENNAI

O.A./R.A/MISC.I.A./APPEAL/R.C. NO.________ OF ________

Applicant/Appellant ………….

Vs.

Defendant/Respondent …….

APPLICATION FOR INSPECTION OF DOCUMENTS/RECORD.

I hereby apply for permission to inspect the documents/records in the above proceeding. The details are as follows:-

1.         Name and address of the person seeking inspection :

2.         Whether he is party to the proceeding.                       :

3.         Details of the papers/documents                                 :

            sought to be inspected.

4.         Reason for seeking the inspection.                             :

5.         Date and timing of the inspection sought                   :

6.         Details of DD/IPO.                                                     :

Place:                                                                                                                                       Signature of Applicant Or

his advocate on record.

Date :

Note: If the Applicant is not a party to the proceeding, the application shall be supported by affidavit.

Note : Strike out whichever is not applicable.

FORM NO.9

 [See Regulation-24(1)]

DEBTS RECOVERY TRIBUNALI CHENNAI

RECOVERY CERTIFICATE UNDER SUB-SECTION 7 AND 22 OF SECTION-19 OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTION ACT, 1993 AS AMENDED FROM TIME TO TIME.

CASE No…………..

Having its Branch at:                                                                                                                          Applicant Bank

……………………..

……………………..

Versus

……………………                                                                                                                                        Defendant No.1

................................

…………………….                                                                                                                                       Defendant no.2

Recovery Certificate for Rs.................................................

In terms of final order dated __________ passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs.________ along with cost, expenses and future interest _______% simple p.a. from the date of filing of the O.A. i.e, .................... till the date of realization in full, jointly or severally from the Certificate Debtors no……….. hereinafter referred to as:-

In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the …………………………………

If there is any shortfall, the same shall be recovered from the sale of …………......

Parties are directed to appear before the Ld. Recovery Officer, DRT-1, Chennai, on .............................

The recovery Officer shall realize the amount as per this Certificate in the manner and move prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtors.

This Certificate has been issued under my signature and seal of the Tribunal on this______ day of   _________.

PRESIDING OFFICER

                         DRT-1, CHENNAI

Form No.29 – Recovery Certificate

FORM NO.10

[See Regulations 24(2)]

DEBTS RECOVERY TRIBUNAL-I, CHENNAI

Exhibit No._______

SCHEDULED TO RECOVERY CERTIFICATE

MEMO OF COSTS

O.A. NO._______ OF ________

………………. .....Applicant/s

Vs.

   …………………....Defendant/s

Place:                                                                                                                                                                                                                           Presiding Officer

Date :                                                                                                                                                                                                  Debts Recovery Tribunal-1, Chennai

Note : Strike out whichever is not applicable.

 FORM NO. 11

      [See Regulation 25(1)]

DEBTS RECOVERY TRIBUNAL-I AT  CHENNAI

_______________________________________

_______________________________________

O.A./MISC.I.A./R.A./APPEAL/R.C. No. _________of _______

____________________ Applicant/Appellant

                    Vs.

____________________ Defendant/Respondent

APPLICATION FOR RETURN OF DOCUMENTS/RECORD

I hereby pray for return of the following documents filed in the above pending/disposed of proceeding on behalf of the applicant/appellant/ defendant/respondent.

            I undertake to produce the aforesaid document before the Tribunal as and when directed.

Place :

Date : 

                                                                                                                                                            Signature of Advocate/Party

Note : Strike out whichever is not applicable.

          FORM NO. 12

      [See Regulation 29(1)]

DEBTS RECOVERY TRIBUNAL-I   AT    CHENNAI

_______________________________________

_______________________________________

O.A./MISC.I.A./R.A./APPEAL/R.C. No. _________of _______

____________________ Applicant/Appellant/Certificate Holder

      Versus

____________________ Defendant/Respondent/Certificate Debtor

APPLICATION FOR GRANT OF CERTIFIED COPY

1.         Name and address of the applicant                            :

2.         Whether applicant is party to the case                        :

    if not whether an affidavit is filed.

3.         Whether the case is pending/disposed                        :

4.         Description with date of documents                          :

            of which copy is applied for.

5.         Number of copies required and nature                       :

            of application.

6.         Amount of fees deposited                                          :

7.         Details of postal orders                                                           :

8.         Purpose of certified copy required                             :

Place:

Date:                                                                                                                           Signature of applicant

Note : If the applicant is not a party to the proceeding, the application shall be supported by affidavit.

9.         The date given to the applicant for collection of copy:

Signature of applicant

10.       Date, Name & Signature of the person receiving the copy:

Signature of applicant

Note : Strike out whichever is not applicable..

              FORM NO. 13

      [See Regulation 29(5)]

ENDORSEMENT ON APPLICATION & CERTIFIED COPY

1. Sr. No. of Application                                                 :

2. Proceeding No.                                                           :

3. Name of the applicant                                                 :

4. Date of presentation of application                            :

5. Date given to collect copy                                          :

6. Number of pages                                                         :

7. Copying fee charges                                                   :

8. Date on which copy is ready              :

9. Date of delivery                                                          :

(Signature of S.O./Official authorised)

Note : Strike out whichever is not applicable..

  FORM NO. 14

      [See Regulation 33(2)]

DEBTS RECOVERY TRIBUNAL-I   AT CHENNAI

_______________________________________

_______________________________________

R.C. No. ________of _______

____________________ Certificate Holder

Versus

____________________ Certificate Debtor

DEMAND NOTICE

To

_____________________

_____________________

            In view of the Recovery Certificate issued in O.A./Misc. I.A. No. ____________ passed by the Presiding Officer, DRT ___________ an amount of Rs.__________, in word Rs._________________________________________ is due against you.

            You are hereby called upon to deposit the above sum within 15 days of the receipt of the notice, failing which the recovery shall be made as per rules.

In additions to the sum aforesaid you will be liable to pay:

(a)                Such interest as is payable for the period commencing immediately after this notice of the execution proceedings.

(b)               All costs, charges and expenses incurred in respect of the service of this notice and other process that may be taken for recovering the amount due.

                                                            Recovery Officer

            Debt Recovery Tribunal-1, Chennai

Note : Strike out whichever is not applicable..

  FORM NO. 15

      [See Regulation 34(3)]

IN THE DEBTS RECOVERY TRIBUNAL-1   AT CHENNAI

_______________________________________

_______________________________________

WARRANT OF ATTACHMENT OF MOVABLE PROPERTY

R.C. No.__________ OF _________.

(Short Title)

To

_______________,

_______________

                        Whereas (C.D.)________was ordered by the Recovery Certificate of this Tribunal passed on the day of _______in O.A./Misc. I.A. No. ___________ to pay to the Applicant Bank/F.I. ___________, the sum as noted below, and whereas the said has not been paid.

                        This is to command you to attach the movable property of the said Certificate Debtor as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said _________ and unless the said shall pay to you the above said sum and the costs of this attachment, to hold the same until further orders from the Recovery Officer.

                        You are further commanded to return this warrant on or before the ________with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.

                        Given under my hand and the seal of the Tribunal, this ______day of ______20___.

Schedule of property

                                                            Recovery Officer

            Debt Recovery Tribunal-1, Chennai

Note : Strike out whichever is not applicable.

FORM NO. 16

      [See Regulation 34(3)]

IN THE DEBTS RECOVERY TRIBUNAL-I    AT CHENNAI

_______________________________________

_______________________________________

WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY

R.C. No.__________ OF _________.

(Short Title)

To

_______________,

_______________

                        Whereas (C.D.)________was ordered by the Recovery Certificate of this Tribunal passed on the day of _______in O.A. No. ____ to pay to the Applicant Bank/F.I. ___________, the sum as noted below, and whereas the said has not been paid.

                        This is to command you to attach the immovable property of the said Certificate Debtor as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said _________ and unless the said shall pay to you the above said sum and the costs of this attachment, to hold the same until further orders from the Recovery Officer.

                        You are further commanded to return this warrant on or before the ________with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.

Given under my hand and the seal of the Tribunal, this ______day of ______20___.

Schedule of property

                                                Recovery Officer

            Debt Recovery Tribunal-1 Chennai

Note : Strike out whichever is not applicable.

FORM NO. 17

      [See Regulation 35(1)]

IN THE DEBTS RECOVERY TRIBUNAL-I  AT CHENNAI

_______________________________________

_______________________________________

R.C. No.__________ OF _________.

NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUED

To

_______________,

_______________

                        Whereas (C.D.)____________ has made an application to this Tribunal for execution of Recovery Certificate by arrest and imprisonment of your person, you are hereby required to appear before this Tribunal on _________ to show cause as to why you should not be committed to the civil prison in execution of the said Recovery Certificate.

Given under my hand and the seal of the Tribunal, this ______day of ______20___.

Seal of the Tribunal                                                               Recovery Officer

            Debt Recovery Tribunal-1 Chennai

Note : Strike out whichever is not applicable.

 FORM NO. 18

      [See Regulation 35(2)]

IN THE DEBTS RECOVERY TRIBUNAL-I   AT  CHENNAI

_______________________________________

_______________________________________

R.C. No.__________ OF _________.

(Short Title)

WARRANT OF ARREST IN EXECUTION

To

The SHO,

____________________

____________________

                        Whereas (C.D.)________was adjudged by the Recovery Certificate of this Tribunal in O.A. No. _________dated the _____day of _____20__, to the Recovery Certificate Holder for the sum of Rs.________ as noted below; and whereas the said sum has not been paid to the said Recovery Certificate holder in satisfaction of the said Certificate, these are to command you to arrest the said Certificate Debtor and unless the said Certificate Debtor shall pay to you the said sum together with Rs.____________ for the cost of executing this process, to bring the said Certificate Debtor before the Tribunal with all convenient speed.

                        You are further commanded to return this warrant on or before the ________ with an endorsement certifying the day on which and manner in which it has been executed/ or the reason why it has not been executed.

                        Given under my hand and the seal of the Tribunal, this ______day of ______20___.

Seal of the Tribunal                                                                                                                                                                                              Recovery Officer

            Debt Recovery Tribunal-1, Chennai

Note : Strike out whichever is not applicable.

FORM NO. 19

      [See Regulation 35(6)]

WARRANT OF DETENTION

RC No.________________

To

            The Officer incharge of Civil Prison of

            _________________ 

Whereas Shri_______________________R/o ___________ _____________,                         has appeared before the undersigned under a warrant in execution of certificate in O.A. No. _______ dated ________ drawn up by the Presiding Officer, Debts Recovery Tribunal-1,Chennai________ specifying that an amount of Rs._____________ is to be recovered from him.

And whereas he has not satisfied the undersigned that he is entitled to be discharged from custody and has not paid the amount due from him as detailed below:

(a)        Amount of Certificate            Rs.

(b)        Costs and charges                   Rs.

(c)        Interest                                                Rs.

And whereas the undersigned in satisfied that Shri ___________________ be committed to the Civil Prison and an order to that effect has been passed by the undersigned on ________.

You are hereby commanded and required to take and receive that said Shri ___________________into the Civil Prison and to keep him imprisoned therein for a period of _________i.e. upto __________or until the amount aforesaid together with further interest on Rs.____________ for the period commencing immediately after the date of issue of this warrant is paid to you or until you receive an order of release from the undersigned.

The undersigned does hereby fix as per rules Jail Authority per day as the rates for subsistence allowances of the said Shri _________________ during his confinement under the warrant.

Given under my hand and seal at _____day of _______20____.

                                                            Recovery Officer

Debts Recovery Tribunal-1, Chennai

FORM NO. 20

      [See Regulation 35(7)]

DASTI

IN THE DEBTS RECOVERY TRIBUNAL-I  AT CHENNAI

_______________________________________

_______________________________________

R.C. No.__________                                                              Dated: _________.

ORDER OF RELEASE UNDER RULES 77, 78 & 79 OF THE SECOND SCHEDULE OF THE INCOME TAX ACT, 1961 READ WITH THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993.

To

The In-Charge of Lock Up/Jail Supt.,

……………..Delhi.

ORDER FOR RELEASE

Under orders passed on this ……….. day, of ……20  you are hereby directed to forthwith set free Shri __________________S/o Shri ______________ R/o ___________________________who is now under your custody as a result of the execution of arrest warrants issued by this Tribunal on ___________.

Given under my hand and seal on this …………. Day of ……  20…..,

                                                                                    Recovery Officer

DRT-1, Chennai

FORM NO.21

[See Regulation 36(4)]

IN THE DEBTS RECOVERY TRIBUNAL-I     AT  CHENNAI

O.A./R.C. No.__________ OF __________

(Short title)

To

___________________

___________________

                        I hereby confirmed that today ____________, I have received actual/physical possession of the property mentioned herein below in execution of Recovery Certificate granted in O.A. No. ______________.

                                                                                                                                                            Signature of Purchaser

In presence of:

1)      __________________

2)      __________________

Note : Strike out whichever is not applicable.

FORM NO.22

[See Regulation 37(1)]

REGD. A/D\DASTI\AFFIXATION\BEAT OF DRUM

SALE PROCLAMATION

OFFICE FO THE RECOVERY OFFICER____

IN THE DEBTS RECOVERY TRIBUNAL-I   AT CHENNAI

_______________________________________

_______________________________________

R.C. No.                                                                                                                                                         DATED:

PROCLAMATION OF SALE UNDER RULES 38, 52(2) OF SECOND SCHEDULE TO THE INCOME TAX ACT, 1961 READ WITH THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993

................................VS.....................................

To,

CD No.1:_______________________

 _______________________

Whereas you has/have failed to pay the sum of Rs....................Only) payable by you/him in respect of Recovery Certificate in OA/T.A. No........... By the Presiding Officer, Debts Recovery Tribunal_______ and the interest and costs payable as per certificate.

And whereas the undersigned has ordered the sale of property mentioned in the Schedule below in satisfaction of the said certificate.

And whereas there will be due there under a sum Rs................Only) including costs and interest thereon w.e.f................

 

Notice is hereby given that in absence of any order of postponement, the said property shall be sold on ............... by e-auction and bidding shall take place through “On line Electronic Bidding” through the website http://.....................of M/s.................................................

For further detail contact: Mr...........................Officer of bank....................

-2 -

The sale will be of the property of the defendant above named as mentioned in the schedule below and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot.

The property will be put up for the sale in the lots specified in the schedule. If the amount to be realized is satisfied by the sale of a portion of the property, the sale shall be immediately stopped with respect to the remainder. The sale also be stopped if, before any lot is knocked down, the arrears mentioned in the said certificate, interest costs (including cost of the sale) are tendered to the officer conducting the sale or proof is given to his satisfaction that the amount of such certificate, interest and costs have been paid to the undersigned.

No officer of other person, having any duty to perform in connection with sale, however, either directly or indirectly bid for, acquire or attempt to acquire any interest in the property sold. The sale shall be subject to the conditions prescribed in Second Schedule of the Income Tax Act, 1961 and the rules made there under and to the further following conditions.

The particulars specified in the annexed schedule have been stated to the best of the information of the undersigned, but the undersigned shall not be answerable for any error, mis-statement or omission in this proclamation.

1.                  (a) The reserve price below which the property No.(i) (mentioned below) shall not be sold is.......................................

2.                  The amount by which the biddings are to be increased shall be Rs............./- In the event of any dispute arising as to the amount of bid, or as to the bidder, the lot shall at once be again put up to auction.

3.                  The highest bidder shall be declared to be the purchaser of any lot provided that further that the amount bid by him is not less than the reserve price. It shall be in the discretion of the undersigned to decline/acceptance of the highest bid when the price offered appears so clearly inadequate as to make it inadvisable to do so.

4.                  EMD shall be deposited by........... Online through RTGS/NEFT/directly in to the account No............... the name of .................of CH Bank, Chennai having IFSC Code No................ Or by way of DD/pay order in favour of Recovery Officer, DRT-1, Chennai to be deposited with R.O., DRT-1 Chennai  and details of the property along with copy of PAN card, Address proof and identity proof, E-mail ID, Mobile No. and in case of the company or any other document confirming representation/attorney of the company and the receipt/counter file of such deposit. EMD deposited thereafter shall not be considered for participation in the e-auction.

5.                  The successful bidder shall have to pay 25% of the sale proceeds after adjustment of EMD on being knocked down by next date i.e. By 3:00 P.M. in the said account as per detail mentioned in para 3 above. If the next day is Holiday or Sunday, then on next first office day.

6.                  The purchaser shall deposit the balance 75% of the sale proceeds on or before 15^th day from the date of sale of the property, exclusive of such day, or if the 15^th day be Sunday or other Holiday, then on the first office day after the 15^th day by prescribed mode as stated in para 3 above. In addition to the above the purchaser shall also deposit Poundage fee with Recovery Officer, DRT-1, Chennai@2% upto Rs.1,000/- and @1% of the excess of the said amount of Rs.1,000/- through DD in favour of Registrar, DRT-1, Chennai.

In case of default of payment within the prescribed period, the deposit, after defraying the expenses of the sale, may, if the undersigned thinks fit, shall be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. The property shall be resold, after the issue of fresh proclamation of sale.

The property is being sold on “AS IS WHERE IS BASIS”.

The undersigned reserves the right to accept or reject any or all bids if found unreasonable or postpone the auction at anytime without assigning any reason.

Given under my hand and seal on this …………. Day of ……  20…..,

                                                                                    Recovery Officer

DRT-1, CHENNAI

FORM NO. 23

[See Regulation 38(i)]

REGISTER OF RECOVERY CERTIFICATE

Note : Strike out whichever is not applicable.

FORM NO.24

[See Regulation 38(ii)]

REGISTER OF ATTACHMENT OF MOVABLE PROPERTY

FORM NO.25

[See Regulation 38(iii)]

REGISTER OF

ATTACHMENT OF IMMOVABLE PROPERTY

Note : Strike out whichever is not applicable.

FORM NO.26

[See Regulation 38(iv)]

EXECUTION REGISTER FOR THE

RECOVERY INSPECTOR

FORM NO.27

[See Regulation 38(v)]

STAY REGISTER OF RECOVERY PROCEEDINGS

FORM NO.28

[See Regulation 38(vi)]

REGISTER FOR DISPOSAL OF RECOVERY CERTIFICATE

Note : Strike out whichever is not applicable.

FORM NO.29

[See Regulation 38(vii)]

REGISTER FOR RECOVERY OFFICER’S PAYMENT RECEIVED

FORM NO.30

[See Regulation 38(viii)]

REGISTER FOR SALE CERTIFICATE ISSUED

Note : Strike out whichever is not applicable.

FORM NO.31

[See Regulation 39(i)]

STAY REGISTER OF O.A./T.O.A./M.A./R.A./APPEAL

FORM NO.32

[See Regulation 40(i)]

DISPOSAL REGISTER