This is the [19-25] Annexures from of state bank of India for
more information click on
Annexure 19
Annexure 19A
Annexure 19B
Annexure 20
Annexure 21
Annexure 21A
Annexure 22
Annexure 23
Annexure 24
Annexure 25
LEGAL NOTICE
Dated: 18.02.2012
(1) The Chairman,
State Bank of India,
State Bank Bhawan,
4th Floor, Nariman Point,
Mumbai-400021
(2) General Manager (Network-III)
State Bank of India
Local Head Office
D-Block, 11, Sansad
Marg,
New Delhi-110001.
(3)
Branch
Manager
State Bank of India
Raila, Distt. Bhilwara
Ref.:
Loan Account No’s. (i) 30790086642 (TL Account); (ii) 30790105601 (TL
Account) and (iii) 30790238803 (CC Limit) of M/s Rosebay Agro Farms Pvt. Ltd. From RAILA, Distt. Bhilwara Branch.
Sir’s
Under the instruction from and on
behalf of my clients M/s Rosebay Organic Foods (P) Ltd. (Formerly know as
Rosebay Agro Farms Pvt. Ltd.) R/o No. 4, Vishnu Path, Satya Vihar, Lal
Kothi, Jaipur, through it’s Director
Shri Suneel Dutt Goyal, I serve upon you this legal notice as under:-
1 That initially on 05.11.2007 a term
loan of Rs. 57 lakh and a C.C. Limit of Rs. 3 lakh was sanctioned by ‘State
Bank of India’, to (here-in-after referred to as the ‘Bank’) my clients
for establishing and operating an
‘organic dairy farming project’, at Raila. This project inter-alia necessitates
nurturing of cows in natural environment.
2. That ‘organic dairy farming project’,
as aforementioned rationally and
logically qualifies as the agriculture sector, consequently attracting
agriculture sector, benefits and exemption awarded to ‘priority sector
lending’.
3. That my clients utilized Rs. 32 lakh
(Approx) out of the above sanctioned term loan of Rs. 57 lakh, that is to say,
until and up to 6.9.2008 term loan of Rs. 32 lakh (Approx) out of the
sanctioned terms loan of Rs 57 lakh, was disbursed.
4. That on 6.9.2008 subsequently a term loan of Rs. 88 lakhs over and above the T.L.
of Rs. 32 lakhs disbursed/utilized as mentioned above was further sanctioned to
my clients and simultaneously C.C. Limit of Rs 3 Lakhs was also extended to Rs
20 lakhs.
5. That
inspite of the fact that Rs 32 lakh only out of the above sanctioned term loan
of Rs 57 lakh was disbursed, the installments were not accordingly rectified by
the then Manager of the Raila Branch. In other-words, though the loan of Rs. 32 lacks was disbursed initially, but the
installments were computed by the ‘Bank’, as if, the entire loan of Rs 57 lacks
was disbursed to my clients.
6. That
my client’s repeated request to recompute and rectify the installments in
conformity with the term loan actually disburses, were ignored ruthlessly by
the Branch Manager, SBI, Raila Branch.
7. That
project of my clients financed by the ‘Bank’ was covered under the ambit of
‘priority sector lending’, consequently attracting exempted rate of interest. But amazingly interest charged from my
clients was at commercial rate which should be compensated. It is Learned
from the reliable sources that in the State of Punjab & other parts of
country , the identical projects were finance under ‘priority sector lending’
schemes. Whereas my clients is deprived of the said facility by the ‘Bank’,
without any plausible reason..
8. That
‘priority sector lending’, is also
exempted from the routine processing charges but said charges were unduly
levied on my clients, therefore, the same should also be duly compensated
to my client.
9. That
the continuous requests of my clients and the directions of the Regional office
of SBI to the Branch Raila, to correctly compute EMI, were ignored repeatedly
by the Branch Manager, who was inclined upon kill the project of my clients for
the reasons best know to him.
10. That
when the repeated oral requests as aforementioned were not taken care of, my
clients, vide their letter dated 06.11.2008 formally requested the Branch
Manager SBI Raila, in writing to recompute and rectify the monthly installments
pertaining to the above term loan in conformity with amount actually disbursed
by the ‘Bank’. (Photo copy of the letter dated 06.11.2008 is enclosed herewith
as Annexure- A).
11. That
instead of recomputing and rectifying the monthly installments, Branch Raila
issued a letter dated 29.12.2008, making there-under observations which has no
context whatsoever of the issue actually in dispute. Moreover the issue/facts
stipulated in the said letter by the Branch Manager, SBI, Raila erroneous on
the face of record.. (Photo copy of the
letter dated 29.12.2008 is
enclosed herewith as Annexure- B).
12. That
my clients replied the above letter dated 29.12.2008 vide their letter
06.01.2009 and point-wise replied the issues raised by the Branch Manager.
13. That
inclined upon the torture/ruin my clients, the Branch Manager, Raila without paying any head to my client’s reply
dated 06.01.2009, discontinued the
further disbursement of the loan amount already sanctioned without rendering
any reasoning and without any intimation in respect thereof. (Photo copy of
the letter dated 06.01.2009 is enclosed herewith as Annexure- C).
14. That
this unreasoned and unlawful discontinuance of disbursement of sanctioned loan
amount to my, clients, was nothing but the unlawful, violation of the very specific
terms and conditions of the Sanction Note. This act or omission whatsoever, of
the ‘Bank’ is nothing but tantamount to ‘criminal breach of trust’.
15. That despite all the torment and
discomfort from your end, my bonafide client in the hope of getting justice
from the higher forums of the Bank, continued the execution of the project at
their own cost.
16. That
with the pious motive to resolve the issue amicably, my client’s visited the
Branch Manager Shri K.L. Chourdia and the then Chief Manager Agriculture Shri
R.K. Nehra followed by a series of visits to the office of A.G.M. Shri V.K.
Lakhani. But shockingly amazed to experience that Shri K.L. Chourdia and Shri
R.K. Nehra bypassed the very specific and categorical orders of their
superior..
17.
That on 17.03.2009,
being aggrieved by the then Branch Manager SBI, Raila and realizing the
helplessness of Shri V.K. Lakhani, my client visited the office to Shri Rakesh
Sharma the then General Manager, Local Head Office, New Delhi,.
18. That
after hearing my clients, Shri Rakesh Sharma, on the spot deputed Shri S.C.
Verma the then C.M. Agriculture, to look personally into the matter.
19. That
said Shri S.C. Verma in company of Shri R.K Nehra and Shri Sharaft Hussain,
inspected my client’s sole organic dairy project, at Raila on 30th
and 31st March,
2009.
20. That
in the follow up action, Shri S.C. Verma drafted a detailed note incorporating
observations made by him in the dairy and submitted report in respect thereof
to the D.G.M., where from it was forwarded to Shri Rakesh Sharma G.M. New Delhi.
21. That
Shri S.C. Verma was thoroughly convinced about the viability and feasibility of
the project and was satisfied with all technical and financial aspects and was
also convinced that the Branch Manager, Raila and C.M. Agriculture, Jaipur were
erroneous on all counts.
22. That
in April 2009 Shri S.C. Verma with
the intend to compensate and to provide
immediate relief to my clients proposed
additional loan of about 16 lakhs odd.,
supported by advisory note to the
concerned office at Jaipur. My clients were advised by him to visit the offices
of C.M. Agriculture Jaipur and A.G.M. Jaipur in connection with the same.
23. That despite continuous follow-up and
a series of visits to the offices as above mention at Jaipur, they refused of
having being received any intimation/direction/note from the Local Head Office,
New Delhi. On
the contrary they upraised the degree of harassment and by making mockery of
very well established Banking procedures and norms, asked my clients to submit
fresh proposals of project in reference, for being reassessed by those
unleashed and unaccountable officers.
24. That
during this entire period Shri Nehra and Shri Chourdia continued to abuse my
clients ominously threatening my clients to teach a lesson for taking up the
matter with L.H.O. New Delhi.
Their language has always been abusive to the extent that it cannot be
reproduced on papers.
25. That
instead of allowing the further sanction of 16 Lakhs as mentioned above, Branch Manager Raila in collusion with
the AGM, and Chief Manager designed a
conspiracy and intentionally committed mistakes in calculations, resulting in
disbursement of loan amount on the lower side to the extent of 7 to 8 lacs. of
rupees, in comparison to the loan amount already sanctioned. Total impact of
short fall was 23 lakhs (approx.) In other-words, instead of allowing
additional loan of Rs, 16 lacks, they in collusion reduced the loan amount
formally.
26. That
thereafter on 12.05.2009 my clients through a fax message followed by speed
post on 13.05.2009, reported the entire instance to the General Manager, New
Delhi, requesting him to intervene and do the needful for the restoration of
bonafide banking practices. (Photo copy of the letter dated 12.05.2009 &
13.05.2009 are enclosed herewith as Annexure-
D & E).
27. That
in the evening of 12.05.2009, a phone call was received by my client from the
office of Shri Nehra to collect an envelop from his good office. In
anticipation thereof staff of my clients visited Shri Nehra’s office, and
received a sealed envelop..
28. That
the said sealed envelop contained a letter issued vide S.No. 6/SK/21547 dated
10.05.2009 by Shri Nehra. (Photo copy of the letter dated 10.05.2009 is
enclosed herewith as Annexure- F).
29. That
10.05.2009 i.e. the date of the issue of the letter aforementioned being a Sunday was the bank holiday
apparently indicating that it has been purposely back dated.
30. That the
procedural compliance sought for by Shri Nehra, from my clients in the said
letter dated 10.05.2009 is self speaking of the fact that Regional office under
the influence of or in collusion with the Branch at Raila has decided to ruin
my clients. The information sought for in the said letter was against the
spirit of recommendations of L.H.O. We were asked to furnished information’s,
as if our loan is to be considered afresh. This was again the violation of the
contracted conditions of the sanction note.
31. That until
03.06.2009 no curative and restorative action were taken by L.H.O. New Delhi and no relief
whatsoever were extended to my clients.
32. That
on 04.06.2009 my client’s again addressed a letter to A.G.M. Jaipur in
expectation of resolution of the issues of grave concern, as aforementioned.
(Photo copy of the letter dated 04.06.2009 is enclosed herewith as Annexure- G).
33. That
my clients realized that they were
wrong in and hoping for a judicious and amicable solution when they received letter dated 05.06.2009 from the
Branch Manager Shri Chourdia, stipulating "Rephasement of overdue
amount", of 1st Terms Loan & 2nd Terms Loan”. The
expressions “overdue amount’ and ‘rephasement’, was mischievous and was a plot
of designed conspiracy against my clients. (Photo copy of the letter dated
05.06.2009 is enclosed herewith as Annexure-
H).
34. That from the statement of accounts it can be verified that, until 05.06.2009 no
amount was over-due against my clients on account of said term loans. It
was (letter dated 05.06.2009) the byproduct of designed and conspired,
computation error by the Raila Branch, itself. It is also important to note
here that, before and until this rephasement of so called overdue amount, my
clients had not received any letter of demand or settlement of account from the
Branch.
35. That
above mentioned letter dated 05.06.2009 was conspired just to calumniate and
disparage my clients, so as to obstruct and thwart them from approaching any
other banking institution for taking up of their loan from SBI.
36. That
my clients vide his letter dated 31.05.2011 addressed to the Chairman SBI,
Mumbai inter-alia brought to his notice the facts aforementioned with a
specific prayer to conduct an independent inquiry without involving the local
officers of the ‘Bank’ (Photo copy of the letter dated 31.05.2011 is enclosed
herewith as Annexure- I).
37. That
my clients above letter dated 31.05.2011, was forwarded without even reading
the specific prayer of my clients, to the Local Head Office, New Delhi.
38. That
to add to the irony Learned General Manager, L.H.O New Delhi conducted meeting
with my clients on 16.06.2011 at Jaipur right in the presence of one of the
officer of the Bank who was the prime accused in the complaint dated 31.05.2011
viz., Shri V.K. Lakhani.
39. That
during the meeting as aforementioned, my clients and his counsels exhaustively
briefed him of the various issues of discomfort with the SBI and inter-alia
brought to his notice that after their complaints on 12/13 May 2009, Shri V.K
Lakhani asked him to report in this Chamber.
40. That
when my clients paid visit to Shri. V.K Lakhani‘s office in May 2009, he along
with Shri R.K. Nehra abused and threatened
my clients that even a complaint of their misdeeds, collusion and
corruption, to Chairman of the Bank would not bother them. They will be
safeguarded by their superiors. They are not even bothered about the interest
of their own bank, as a loss of meager amount of Rs 1.25 Cores would least
bother bank of the size of SBI. Instead the complaining borrower would be
ruined as they will do everything and anything to ruin so much so he would not
left in a shape and size to leave the Bank and approach any other Bank for
financial assistance. They would be dragged to a situation which would compel
him to commit suicide. They promised to follow my client till he reached the
hell. The exact version of what they have actually said in Hindi is reproduced
here-in-below:-
Jh
y[kkuh usgjk] ;fn Chairman
dks Complaint
djksxs rks Hkh gekjk dqN ugh fcxMsxk gekjk gj cMk vQlj ges cpk;sxk rqEgkjh rjQ SBI dk
1@25 djksM Mwc x;k rks dksbZ QdZ ugh iMsxk A ysfdu rqeus gels iaxk fy;k gS vc
ge lc rqEgkjk ihNk djsxsA u;k Loan ;k expesnsion rks
Hkwy tkvks rqEgs nwljh cSd@czkap es tkus yk;d Hkh ugh aNksMsx]s o ;gWk bruh
fo"ke ifjLfFkfr;Wk cuk nsx]s fd rqe u Project pyk ikvksxs u can dj
ikvksx]s rqEgkjk pSu ls thuk gjke dj nsxs] vUrira rqe cckZn gks tkvksxs]
izkstsDV cUn gks tk;sxkA rqe vkRegR;k djus dks etcwj gks tkvksxs] vkSj ge
rqEgkjh Assets
dks cspdj iSlk olwy dj ysxsA “vkSj vkt eq>s mudk dgk fcYdqy Bhd yx jgk gS fdrus nqjn’khZ gS vkids cSd vf?kdkjh fd 3
o"kZ igys gh] dEiuh ds izzkstsDV dks ekj nsus dh ?kks"k.kk dj nhA”
41.
That during the course of marathon hearing as aforementioned
Learned General Manager assured my clients of an early and effective action in
the matter. But amazingly nothing has been done, till date.
42. That
a brief note of the complaint was simultaneously submitted vide our letter
dated 16.06.2011 to the Chairman, SBI during this visit to Jaipur. (Photo copy
of the duly acknowledge letter dated 16.06.2011 is enclosed herewith as Annexure-J).
43. That the subsequent action of the Bank
also appears to be infected from the virus of mal/corrupt practices. Though the
fate of the compliant was apparently pre-decided as was evident from the way
the proceedings were conducted, but in good-faith, we waited patiently hoping
against all odds for a judicious action from your end. The norms of banking
practices were being violated continuously even during the period subsequent to
the complaint dated 31.05.2011 by local officers of ‘Bank’, who appears to be
over and above the command of the sovereign in your institution.
44. That further-more Shri K.L. Chourdia visited the complainant dairy for inspection on
several occasions without any pre-notice and without revealing his authority
with fearless cunning smiles on his face. During the said visit he
threatens to ruin our project, as if he himself is the Chairman of SBI. His
language was purely uncivilized and slang. He visited my clients even, after
the period when he was discharged Bank Manager, SBI Raila.
45. That
on 26.07.2011 a reminder to the compliant dated 31.05.2011 was sent to the General Manager (Network-III),SBI,
L.H.O., New Delhi (Photo copy of the letter dated 26.07.2011 is enclosed
herewith as Annexure-K).
46. That
thereafter my clients through e-mail and phone calls pleaded for an action in
the matter.
47. That
no action whatsoever was taken from your end to resolve the issue.
48. That my clients through their letter 16.01.2012
finally called upon you to take an action within the stipulated time limit or
they may be compelled to proceed against the Bank before the forum of competent
jurisdiction for seeking appropriate relief in the matter. (Photo copy enclosed
herewith as Annexure- L).
49. That
my clients vide their letters dated
28.01.12 and 06.02.12 categorically intimated you, that they are not in a
position to safeguard the live stock (Cows) pledged as security with the
‘Bank’. Thus an immediate action is warranted to taken in respect thereof
or my clients reserves their rights to mitigate the losses and do the needful
without any further reference to the
‘Bank’. (Photo copy enclosed herewith as Annexure- M & N.
50. That
from the foregoing there is no denying the fact that the governance and
administration is at absolute failure in your Bank, so much so, we were not
even provided with the complaint number till date. The entire set of event made us understand as why the farmers are
committing suicide in our country. In the situations my client’s are
dragged into, they are compelled to wind-up and close done the project under
finance of the ‘Bank’
In the above premise, I call upon you
to provide within 30 days of the receipt of this notice, the specific item-wise
and head-wise statement of accounts of disbursement of loan to my clients, right from the very on-set and
till date, and also issue a corrigendum to your letter dated 05.06.2009
with-drawing on record the phrase “Rephasemets of overdue amount” and also
direct the concerned Branch of the Bank to immediately provide setoff, of the amount charged in excess on account of
rate of interest, processing charges etc. as contemplated at para 5th,
6th 7th & 8th above. It is also called
upon to take appropriate action against the offending officers referred to in
my client’s complaint dated 31.05.2011 and follow-up letters dated 16.06.2011,
26.07.2011 & 16.01.2012 (please Ref. Annexure I,J, K and L) under
intimation to them. In case of default on your part within the period
stipulated above, my client shall be constrained to initiate legal proceedings
against you for the said amount and/or take such other steps as may be
available to my client, without any further reference to you in the matter.
Yours faithfully,
(Sanjay
Khatri)
No comments:
Post a Comment