Allowed

State Bank of India v. Smt Gyan Kanwar

DRT21 Nov 2022OA/111/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur, allowed an original application filed by State Bank of India for recovery of ₹44,12,258.81 against Defendant Smt. Gyan Kanwar. The Tribunal held the defendant liable and issued a recovery certificate directing sale of mortgaged agricultural lands and other assets.

What did the court decide?

Recovery certificate issued for ₹44,12,258.81 with interest @14% p.a.; entitlement to recover via sale of specified agricultural lands and immovable/ movable properties.

State Bank of India versus Smt Gyan Kanwar — Banking and Recovery | DRT (2022)

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“ORIGINALAPPLICATION” No. 111 of 2022

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

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PRESIDING OFFICER

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O.A. NO. 111 OF 2022

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DATE OF DELIVERY OF ORDER 21.11.2022

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STATE BANK OF INDIA

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Branch Office at SARB, 3^rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur (Raj.) through its Chief Manager Mr. Radhe Shyam Garg

…..Applicant Bank…..

VERSUS

SMT. GYAN KANWAR

W/o Sh. Mukut Singh, R/o Gaanwari House,

¶12

Petrol Pump road, Deoli, Tehsil Deoli, District Tonk (Rajasthan) Also at 7/400, Sector 7, Malviya Nagar, Jaipur (Rajasthan)

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……Defendant…..

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Counsel for the Applicant Bank Shri K. Kapoor Defendant Ex-Parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 28.12.2021 for recovery of an amount of Rs. 44,12,258.81 with pendentlite and future interest and cost.

¶17

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

OA No. 111 of 2021

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 Defendant.

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Defendant is proceeded ex parte on 28.07.2022.

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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/13 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 111 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 44,12,258.81 (Rupees Forty Four Lac Twelve Thousand Two Hundred Fifty Eight and Eighty One Paisa Only) with future interest @ 14% p.a. (Simple) from 28.12.2021 till the date of realization.

¶27

b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged properties – Agriculture Land of Khasra No. 47,53,72, to 75 (Share 1/3 i.e. 3.81 Hect.) Khasra No. 40,41,50,51 (share full i.e. 8.56 Hect.), Khasra No. 233, 235 to 237 (share full i.e. 1.51 Hect.) Khasra No. 292, 300, 302, 303 (share full i.e. 0.32 Hect.) Khasra No. 47, 52 to 54 (share 1/3 i.e. 1.72 Hect.) Khasra No. 55, 59 to 61 (share 1/3 i.e. 0.67 Hect.) Khasra No. 79,83,134,229 (share 1/3 i.e. 2.24 Hect.) Khasra No. 230,251,254 (share 1/3 i.e. 0.5 Hect.) Khasra No. 620, 664, 677 (share 1/3 i.e. 0.45 Hect.), Khasra No. 678, 679 (share 1/3 i.e. 0.14 Hect.) situated at Village Gaanwari Tehsil Deoli, District Tonk (Rajasthan) total admeasuring 22.63

OA No. 111 of 2021

Hectare. as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶32

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

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

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Parties is directed to appear before the Recovery Officer, DRT, Jaipur on 21.02.2023 .

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

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Order pronounced in the open court today i.e. 21.11.2022 .

OA No. 111 of 2021

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

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PRESIDING OFFICER

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O.A. NO. 111 OF 2022

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DATE OF DELIVERY OF ORDER 21.11.2022

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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 at SARB, 3^rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur (Raj.) through its Chief Manager Mr. Radhe Shyam Garg

…..Applicant Bank…..

VERSUS

SMT. GYAN KANWAR

W/o Sh. Mukut Singh, R/o Gaanwari House,

¶54

Petrol Pump road, Deoli, Tehsil Deoli, District Tonk (Rajasthan) Also at 7/400, Sector 7, Malviya Nagar, Jaipur (Rajasthan)

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……Defendant…..

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Recovery Certificate for Rs. 44,12,258.81

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In terms of final order dated 21.11.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 44,12,258.81 (Rupees Forty Four Lac Twelve Thousand Two Hundred Fifty Eight and Eighty One Paisa Only) with future interest @ 14% p.a. (Simple) from 28.12.2021 till the date of realization.

¶59

b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged properties – Agriculture Land of Khasra No. 47,53,72, to 75 (Share 1/3 i.e. 3.81 Hect.)

OA No. 111 of 2021

Khasra No. 40,41,50,51 (share full i.e. 8.56 Hect.), Khasra No. 233, 235 to 237 (share full i.e. 1.51 Hect.) Khasra No. 292, 300, 302, 303 (share full i.e. 0.32 Hect.) Khasra No. 47, 52 to 54 (share 1/3 i.e. 1.72 Hect.) Khasra No. 55, 59 to 61 (share 1/3 i.e. 0.67 Hect.) Khasra No. 79,83,134,229 (share 1/3 i.e. 2.24 Hect.) Khasra No. 230,251,254 (share 1/3 i.e. 0.5 Hect.) Khasra No. 620, 664, 677 (share 1/3 i.e. 0.45 Hect.), Khasra No. 678, 679 (share 1/3 i.e. 0.14 Hect.) situated at Village Gaanwari Tehsil Deoli, District Tonk (Rajasthan) total admeasuring 22.63 Hectare. as well as from the personal movable and immovable properties/assets of Defendant. 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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Parties is directed to appear before the Recovery Officer, DRT, Jaipur on 21.02.2023 .

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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 21.11.2022 .

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

OA No. 111 of 2021

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

¶73

PRESIDING OFFICER

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O.A. NO. 111 OF 2022

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DATE OF DELIVERY OF ORDER 21.11.2022

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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 at SARB, 3^rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur (Raj.) through its Chief Manager Mr. Radhe Shyam Garg

…..Applicant Bank…..

VERSUS

SMT. GYAN KANWAR

W/o Sh. Mukut Singh, R/o Gaanwari House,

¶84

Petrol Pump road, Deoli, Tehsil Deoli, District Tonk (Rajasthan) Also at 7/400, Sector 7, Malviya Nagar, Jaipur (Rajasthan)

¶85

……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	47,000.00
2	Process Fee (Inc. Publication)	78.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	48,328.00

¶87

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 111 of 2021

21.11.2022

Counsel:

Sh. KIRTI KAPOOR, Counsel for the Applicant Bank Defendant is ex-parte

¶94

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. 111 of 2021

21.11.2022

Counsel:

Sh. KIRTI KAPOOR, Counsel for the Applicant Bank Defendant is ex-parte

¶102

The Tribunal vide order dated 21.11.2022 , 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 21.11.2022 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.

¶104

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 111 of 2021

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶109

ORIGINAL APPLICATION NO. 111 of 2022

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The Recovery Certificate prepisd in compliance of order dated 21.11.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 111 of 2022 Title State Bank of India Vs Smt. Gyan Kanwar 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. Smt Gyan Kanwar

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt Gyan Kanwar

Case brief

What is this about?

What did the court decide?

What the court decided

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