Allowed

State Bank of India v. Mrs Manpreet Saini

DRT17 Nov 2022OA/114/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the original application filed by State Bank of India for recovery of Rs. 31,90,884/- along with interest and costs against three respondents. The court declared the respondents jointly and severally liable and authorized sale of mortgaged flats and recovery from other assets.

What did the court decide?

Defendants declared jointly and severally liable to pay Rs. 31,90,884/- with 8.15% interest; entitle bank to recover from sale of mortgaged flats and personal assets; recovery certificate issued.

State Bank of India versus Mrs Manpreet Saini — Execution and Attachment | DRT (2022)

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“ORIGINALAPPLICATION” No. 114 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. 114 OF 2022

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DATE OF DELIVERY OF ORDER 17.11.2022

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STATE BANK OF INDIA

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

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…..Applicant Bank…..

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VERSUS

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1. MRS. MANPREET SAINI

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W/o Mr. Neeraj Saini

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R/o House No. 2346, Village Jharsa, Gurugram, Haryana122001

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2. M/S SHREE KRISHNAM STAR HOTELS & REAL ESTATE PVT. LTD.

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House No. 2, Barwada House Colony, Civil Lines, Ajmer Road, Jaipur (Raj.) – 302006, through its Director Mr. Sunil Singodia S/o Mr. Suwalal Singodia

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3. M/S ARIHANT DREAM INFRA PROJECTS LTD.

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2^nd Floor, “CLASS OF PEARL”, Income Tax Colony, Tonk Road, Jaipur (Raj.) 302018, through its Director Mr. Rishab Goel

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……Defendants…..

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Counsel for the Applicant Bank Shri Jhabar Swami Defendants Ex-Parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 04.01.2022 for recovery of an

OA No. 114 of 2022

amount of Rs. 31,90,884/- 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 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 27.07.2022.

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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/25 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. 114 of 2022 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 31,90,884/(Rupees Thirty One Lac Ninety Thousand Eight Hundred Eighty Four Only) with future interest (Simple) @ 8.15% p.a. from 04.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – Flat No. 406, 4^th Floor, Block-B, Arihant Shree Krishnam Heights, Plot No. 2, Saraswati Vihar – A, Village Badi Ka Bas, Sanganer, Jaipur (Raj.) & Flat No. 506, 5^th Floor, Block-B, Arihant Shree Krishnam Heights, Plot No. 2, Saraswati Vihar-A, Village Badi Ka Bas, Sanganer, Jaipur (Raj.) as well as from the personal movable and immovable properties/assets of

OA No. 114 of 2022

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.

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Parties is directed to appear before the Recovery Officer, DRT, Jaipur on 17.02.2023 .

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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. 17.11.2022 .

OA No. 114 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. 114 OF 2022

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DATE OF DELIVERY OF ORDER 17.11.2022

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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 3^rd Floor, Matrix Mall, Sector-4, Jawaharnagar, Jaipur - 302004

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…..Applicant Bank…..

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VERSUS

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1. MRS. MANPREET SAINI

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W/o Mr. Neeraj Saini

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R/o House No. 2346, Village Jharsa, Gurugram, Haryana122001

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2. M/S SHREE KRISHNAM STAR HOTELS & REAL ESTATE PVT. LTD.

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House No. 2, Barwada House Colony, Civil Lines, Ajmer Road, Jaipur (Raj.) – 302006, through its Director Mr. Sunil Singodia S/o Mr. Suwalal Singodia

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3. M/S ARIHANT DREAM INFRA PROJECTS LTD.

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2^nd Floor, “CLASS OF PEARL”, Income Tax Colony, Tonk Road, Jaipur (Raj.) 302018, through its Director Mr. Rishab Goel

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……Defendants…..

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Recovery Certificate for Rs. 31,90,884/-

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In terms of final order dated 17.11.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay

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to the applicant bank a sum of Rs. 31,90,884/-

OA No. 114 of 2022

(Rupees Thirty One Lac Ninety Thousand Eight Hundred Eighty Four Only) with future interest (Simple) @ 8.15% p.a. from 04.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – Flat No. 406, 4^th Floor, Block-B, Arihant Shree Krishnam Heights, Plot No. 2, Saraswati Vihar – A, Village Badi Ka Bas, Sanganer, Jaipur (Raj.) & Flat No. 506, 5^th Floor, Block-B, Arihant Shree Krishnam Heights, Plot No. 2, Saraswati Vihar-A, Village Badi Ka Bas, Sanganer, Jaipur (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 16.02.2023 .

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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 17.11.2022 .

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

OA No. 114 of 2022

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

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O.A. NO. 114 OF 2022

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DATE OF DELIVERY OF ORDER 17.11.2022

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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 3^rd Floor, Matrix Mall, Sector-4, Jawaharnagar, Jaipur - 302004

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…..Applicant Bank….

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VERSUS

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1. MRS. MANPREET SAINI

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W/o Mr. Neeraj Saini

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R/o House No. 2346, Village Jharsa, Gurugram, Haryana122001

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2. M/S SHREE KRISHNAM STAR HOTELS & REAL ESTATE PVT. LTD.

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House No. 2, Barwada House Colony, Civil Lines, Ajmer Road, Jaipur (Raj.) – 302006, through its Director Mr. Sunil Singodia S/o Mr. Suwalal Singodia

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3. M/S ARIHANT DREAM INFRA PROJECTS LTD.

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2^nd Floor, “CLASS OF PEARL”, Income Tax Colony, Tonk Road, Jaipur (Raj.) 302018, through its Director Mr. Rishab Goel

……Defendants…..

OA No. 114 of 2022

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	34,000.00
2	Process Fee (Inc. Publication)	159.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	35,409.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 114 of 2022

17.11.2022

Counsel:

Sh. JHABAR SWAMI, 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. 114 of 2022

17.11.2022

Counsel:

Sh. JHABAR SWAMI, Counsel for the Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 17.11.2022 , 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 17.11.2022 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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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 114 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 114 of 2022

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The Recovery Certificate prepisd in compliance of order dated 17.11.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 114 of 2022 Title State Bank of India Vs Mrs. Manpreet Saini & Ors. 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. Mrs Manpreet Saini

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mrs Manpreet Saini

Case brief

What is this about?

What did the court decide?

What the court decided

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