Allowed

State Bank of India v. P K Gaur Pawan Kumar Gaur

DRT18 Nov 2022OA/115/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the original application filed by the State Bank of India for recovery of Rs. 56,38,169/- along with future interest from the borrowers who defaulted on their loan. The Tribunal declared the defendants jointly liable and directed the issuance of a recovery certificate.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 56,38,169/- with future interest; High Court Judge Relief. Recovery of debt from hypothecated properties and personal assets. Costs of the applicatio

State Bank of India versus P K Gaur Pawan Kumar Gaur — Contract and Commercial Disputes | DRT (2022)

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“ORIGINALAPPLICATION” No. 115 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. 115 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

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…..Applicant Bank…..

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VERSUS

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1. MR. P.K. GAUR (PAWAN KUMAR GAUR) S/o Mr. Madhav Dutt Gaur

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R/o 34, Service Selection Board, Selection Center-East, Allahabad, UP – 211001

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R/o L-1/54, Sector-B, Aliganj Housing Scheme, Aliganj, Lucknow - 226024

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2. M/S PREM SAGAR INFRA PROJECTS PVT. LTD. 15-A, Ayuwan Nagar, Maharani Farm, Durgapura, Jaipur

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……Defendants…..

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Counsel for the Applicant Bank Defendants

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Shri Jhabar Swami

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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 amount of Rs. 56,38,169/- 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

OA No. 115 of 2022

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/16 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. 115 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. 56,38,169/(Rupees Fifty Six Lac Thirty Eight Thousand One Hundred Sixty Nine Only) with future interest @ 7.25% p.a. (Simple) 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 hypothecated assets and mortgaged property – Flat No. 204, 2^nd Floor, Tower-B, Terraza Greens, Sukhiya, 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.

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

OA No. 115 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. 115 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. 115 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

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…..Applicant Bank…..

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VERSUS

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1. MR. P.K. GAUR (PAWAN KUMAR GAUR) S/o Mr. Madhav Dutt Gaur

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R/o 34, Service Selection Board, Selection Center-East, Allahabad, UP – 211001

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R/o L-1/54, Sector-B, Aliganj Housing Scheme, Aliganj, Lucknow - 226024

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2. M/S PREM SAGAR INFRA PROJECTS PVT. LTD. 15-A, Ayuwan Nagar, Maharani Farm, Durgapura, Jaipur

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……Defendants…..

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Recovery Certificate for Rs. 56,38,169/-

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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 are jointly & severally liable to pay to the applicant bank a sum of Rs. 56,38,169/(Rupees Fifty Six Lac Thirty Eight Thousand One Hundred Sixty Nine Only) with future interest @ 7.25% p.a. (Simple) from 04.01.2022 till the date of realization.

OA No. 115 of 2022

b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged property – Flat No. 204, 2^nd Floor, Tower-B, Terraza Greens, Sukhiya, 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.

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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. 115 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. 115 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

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…..Applicant Bank…..

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VERSUS

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1. MR. P.K. GAUR (PAWAN KUMAR GAUR)

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S/o Mr. Madhav Dutt Gaur

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R/o 34, Service Selection Board, Selection Center-East, Allahabad, UP – 211001

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R/o L-1/54, Sector-B, Aliganj Housing Scheme, Aliganj, Lucknow - 226024

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2. M/S PREM SAGAR INFRA PROJECTS PVT. LTD.

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15-A, Ayuwan Nagar, Maharani Farm, Durgapura, Jaipur

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	59,000.00
2	Process Fee (Inc. Publication)	129.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	60,379.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 115 of 2022

18.11.2022

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. 115 of 2022

18.11.2022

Counsel: Sh.Jhabar Swami, 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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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 115 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 115 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. 115 of 2022 Title State Bank of India Vs Pawan Kumar Gaur & 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. P K Gaur Pawan Kumar Gaur

Case brief

What is this about?

What did the court decide?

State Bank of India v. P K Gaur Pawan Kumar Gaur

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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