Allowed

State Bank of India v. Sh Hema Ram

DRT18 Nov 2022OA/103/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application filed by State Bank of India for recovery of dues totaling Rs. 44,59,679/- plus interest from two defendants who defaulted on sanctioned credit facilities. The court declared the respondents jointly liable and issued a recovery certificate authorizing asset sale and Recovery Officer proceedings.

What did the court decide?

Recovery Certificate issued for Rs. 44,59,679/- plus interest, authorizing sale of mortgaged agricultural land and personal assets.

State Bank of India versus Sh Hema Ram — Contract and Commercial Disputes | DRT (2022)

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“ORIGINALAPPLICATION” No. 103 of 2022

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 103 OF 2022

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DATE OF DELIVERY OF ORDER 18.11.2022

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STATE BANK OF INDIA

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Branch Office 3^RD Floor, Matrix Mall, Sector-4, Jawaharnagar, Jaipur -302004

…..Applicant Bank…..

VERSUS

1. SH. HEMA RAM

S/o Sh. Bhiya Ram

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2. SH. SHYAMA RAM

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S/o Sh. Hema Ram

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Both R/o House No. 265, Village-Akkasar, Tehsil – Kolayat, Distt. Bikaner (Raj.)

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……Defendants…..

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Counsel for the Applicant Bank Shri Jayant Vaze Defendants Ex-Parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 02.12.2021 for recovery of an amount of Rs. 44,59,679/- with pendentlite and future interest and cost.

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As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendants. Defendants failed to maintain financial

OA No. 103 of 2022

discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Defendants are proceeded ex parte on 01.08.2022.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/48 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs

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In the result, this O.A. No. 103 of 2022 is allowed declaring that:-

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a) The Defendants No. 1 & 2 are jointly & severally liable to pay to the applicant bank a sum of Rs. 44,59,679/- (Rupees Forty Four Lac Fifty Nine Thousand Six Hundred Seventy Nine Only) with future interest @ 10.60% p.a. (for KCC), 10.60% p.a. (for ATL Debt Swapping) and 11.35% p.a. (for ATL Other AGL Finance) (Simple) from 02.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged property – Agricultural Land at Khasra No. 907/478, area admeasuring total land 5.95 Hectare at Akkasar, Tehsil – Bikaner, Distt. Bikaner (Raj.) as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

OA No. 103 of 2022

Parties is directed to appear before the Recovery Officer, DRT, Jaipur on 18.02.2023 .

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Prepare Recovery Certificate accordingly.

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A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 18.11.2022 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 103 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 103 OF 2022

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DATE OF DELIVERY OF ORDER 18.11.2022

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

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STATE BANK OF INDIA

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Branch Office 3^RD Floor, Matrix Mall, Sector-4, Jawaharnagar, Jaipur -302004

…..Applicant Bank…..

VERSUS

1. SH. HEMA RAM

S/o Sh. Bhiya Ram

2. SH. SHYAMA RAM

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S/o Sh. Hema Ram

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Both R/o House No. 265, Village-Akkasar, Tehsil – Kolayat, Distt. Bikaner (Raj.)

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……Defendants…..

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Recovery Certificate for Rs. 44,59,679/-

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In terms of final order dated 18.11.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants No. 1 & 2 are jointly & severally liable to pay to the applicant bank a sum of Rs. 44,59,679/- (Rupees Forty Four Lac Fifty Nine Thousand Six Hundred Seventy Nine Only) with future interest @ 10.60% p.a. (for KCC), 10.60% p.a. (for ATL Debt Swapping) and 11.35% p.a. (for

OA No. 103 of 2022

ATL Other AGL Finance) (Simple) from 02.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged property – Agricultural Land at Khasra No. 907/478, area admeasuring total land 5.95 Hectare at Akkasar, Tehsil – Bikaner, Distt. Bikaner (Raj.) as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A. Parties is directed to appear before the Recovery Officer, DRT, Jaipur on 18.02.2023 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode 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 Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 18.11.2022 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 103 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 103 OF 2022

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DATE OF DELIVERY OF ORDER 18.11.2022

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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STATE BANK OF INDIA

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Branch Office 3^RD Floor, Matrix Mall, Sector-4, Jawaharnagar, Jaipur -302004

…..Applicant Bank…..

VERSUS

1. SH. HEMA RAM

S/o Sh. Bhiya Ram

2. SH. SHYAMA RAM

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S/o Sh. Hema Ram

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Both R/o House No. 265, Village-Akkasar, Tehsil – Kolayat, Distt. Bikaner (Raj.)

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	47,000.00
2	Process Fee (Inc. Publication)	135.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	48,385.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 103 of 2022

18.11.2022

Counsel:

Sh. JAYANT VAZE, Counsel for the Applicant Bank Defendants are ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepisd accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 103 of 2022

18.11.2022

Counsel:

Sh. JAYANT VAZE, Counsel for the Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 18.11.2022 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 18.11.2022 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepisd accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 103 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 103 of 2022

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The Recovery Certificate prepisd in compliance of order dated 18.11.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 103 of 2022 Title State Bank of India Vs Hema Ram & Anr. has been checked and may be verified.

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Section Officer

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Assistant Registrar

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On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon’ble Presiding Officer please.

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Assistant Registrar

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Hon’ble Presiding Officer

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State Bank of India v. Sh Hema Ram

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Hema Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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