BEFORE THE ARBITRATOR (Appointed u/s 84(4) of Multi State Cooperative Societies Act 2002) THE REPATRIATES COOPERATIVE FINANCE AND DEVELOPMENT BANK LTD., CHENNAI-17. ORIGINAL PETITION NO. /2004. The Repatriates Cooperative Finance and Development Bank Ltd.,(REPCO BANK) No.33, North Usman Road, T.Nagar, Chennai-60017. ... Petitioner -Vs- 1. 2. 3. CLAIM PETITION FILED BY THE PETITIONER UNDER SECTION 84 OF THE MULTI STATE COOPERATIVE SOCIETIES ACT,2002. The Petitioner, Repatriates Cooperative Finance and Development Bank Ltd., Shortly known as Repco Bank is a Multi state Co-operative Society registered under Section 9(1) of the Madras Coop. Societies Act,1961 (Act 53 of 1961) and is deemed to be registered under Section 126(3) of the Multi State Cooperative Societies Act,2002 having its registered office at No.33,North Usman Road,T.Nagar,Chennai-17. The address for the service of all notices and process on the petitioner is the same as above. 2. a) The Respondent No/Nos is/are borrower/s. b) The Respondent No/Nos is/are Co-borrower/s. c) The Respondent No/Nos is/are mortgagor/s. d) The Respondent No/Nos is/are guarantor/s. The address of Bank is providing financial assistance to the members under its various lending schemes for various purposes. 3. The petitioner Bank is providing financial assistance to the members under its various lending schemes for various purposes. 4. The respondent No/Nos approched the petitioner Bank's branch for a loan, promising that he/they would repay the loan in regular installments. The petitioner bank sanctioned a loan of Rs /- to the respondent No/Nos by Loan Sanction Order dated passed in L.A. No . For the Repatriates Cooperative Finance & Development Bank Ltd. Managing Director The said Loan Sanction Order sets out the terms and Conditions of the sanction of the loan amount to the respondent No/Nos . A copy of the sanction order filed herewith may be read as part and parcel of this claim petition. The respondents had executed necessary documents before release of loan. 5. Regarding the other terms and conditions, above Sanction Order filtered herewith as document No.1 may kindly be perused 6. In pursuance of the said conditions, respondent No/Nos stood as surely for the due repayment of loan and had executed necessary documents. Further the respondent No/Nos had offered his/her/their property more fully described in Schedule II hereunder as security for repayment of the said loan and had executed necessary mortage deeds. 7. Their upon under the said order and as per the terms and conditions loan was released as follows:

Sl.no Date of Release Amount . Rs. Total Rs. This was under loan amount No . For the said amount borrowed under loan account No the respondents are liable to pay interest at % p.a. or at such other rate/rates as may be fixed from time to time. 8. The respondent No/Nos had executed a Demand Promissary Note for Rs./- on The respondent No/Nos had also executed Articles of Agreement and a Bond dated ........... in favour of the petitioner Bank. The petitioner is at liberty to foreclose the loan if the installments are not paid regularly on the due dates to the Bank. 9. The respondent No/Nos had not paid the installments as per Loan Sanction Order.The petitioner therefore issued a registered Notice dated....... calling upon the respondents to pay the overdue as on ............ under the loan a/c immediately failing which action would be initiated to recover the dues. Even after the receipt of the Notice, the respondents have not paid the loan so far. 10. Since the respondents had not repaid the loan amount in spite of repeated demands including a registered notice, the petitioner has issued s Foreclosure Notice dated ........... intimating that if the overdue were not cleared within fifteen days, the loan a/c would be foreclosed. As they had not cleared the overdue the loan account has been foreclosed with effect from ........ and the rate of interest at ........ % p.a. is being charged from ................ For the Repatriates Cooperative Finance & Development Bank Ltd. Managing Director 11. Even inspite of the petitioner Bank's foreclosure the respondent's have not come forward to clear the entire dues. Hence the petitioner has come forward with this claim for Rs............ /- as on ............. with subsequent interest and cost. The statement of accounts as on ............. is given in the Schedule-I. 12. The petitioner prays that this Hon'ble Authority may be pleased to pass on Award. a) directing the respondents to pay sum of Rs........../- together with interst at .....% p.a. from .......... and costs thereon immediately, failing which, order for attachment of movables and immovable under the possession of respondents, and for sale of the attached properties: b) to order for sale of mortagaged properties more fully described in Schedule II hereunder. c) to permit the petitioner Bank to appropriate the Sale proceeds towards the said loan account, and d) to grant any other relief or relief's as this Hon'ble Authority may deem fit in the above circumstances and nature of the case. For the Repatriates Cooperative Finance & Development Bank Ltd. Managing Director