Allowed

Canara Bank v. M S Jaipur Mobile Store

DRT21 Nov 2022OA/118/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Applicant Bank's original application for recovery of Rs. 57,78,451.53 with interest against defendants jointly and severally liable. The Tribunal declared entitlement to recover dues via sale of mortgaged properties and issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 57,78,451.53 with 10.55% p.a. interest, costs, and issuance of Recovery Certificate for sale of mortgaged properties and realization of debt.

Canara Bank versus M S Jaipur Mobile Store — Banking and Recovery | DRT (2022)

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“ORIGINALAPPLICATION” No. 118 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. 118 OF 2022

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DATE OF DELIVERY OF ORDER 21.11.2022

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CANARA BANK

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Branch Office at Vaishali Nagar, Jaipur

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VERSUS

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1. M/S JAIPUR MOBILE STORE

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Proprietor Mrs. Huma Sameem

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Shop No. 1, Jharkhand Apartments Khatipura, Kharkhand Mode,

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Jaipur

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2. MRS. HUMA SAMEEM

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W/o Sh. Waseem Ahamad

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Proprietor M/s Jaipur Mobile Store,

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Shop No. 1, Jharkhand Apartments,

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Khatipura, Jharkhand Mode,

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Jaipur AND

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Flat No. T-5147, A Block – 37, Rangoli Garden,

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Kanakpura, Panchayawala, Jaipur

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3. SH. WASEEM AHAMAD

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S/o Jameel Ahamad

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Flat No. 5147 A Block – 37, Rangoli Garden,

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Kanakpura, Panchayawala, Jaipur

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4. SH. SHAKEEL AHAMAD

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S/o Jameel Ahamad

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Flat No. 3, ASHIYANA residency, Plot No. 17, Ward No. 11, Krishna Nagar, Vaishali Nagar, Jaipur

……Defendants…..

OA No. 118 of 2021

Counsel for the Applicant Bank Shri Abhishek Bhandari Defendants Ex-Parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 28.12.2021 for recovery of an amount of Rs. 57,78,451.53 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 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/30 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 and 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. 118 of 2022 is allowed declaring that:-

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a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 57,78,451.53 (Rupees Fifty Seven Lac Seventy Eight Thousand Four Hundred Fifty One and Fifty Three Paisa Only) with future interest @ 10.55% p.a. (Simple) from 28.12.2021 till the date of realization.

OA No. 118 of 2021

b) The applicant bank is entitled to recover the above amount by sale of mortgaged properties – Flat No. 505, 5^th Floor, Jaismeen Tower, Shankar residence, Omex City, Ajmer Road, Jaipur and Flat No. 504, 5^th Floor, Jaismeen Tower, Shankar residence, Omex City, Ajmer Road, Jaipur 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.

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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

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

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

OA No. 118 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. 118 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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CANARA BANK

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Branch Office at Vaishali Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S JAIPUR MOBILE STORE Proprietor Mrs. Huma Sameem Shop No. 1, Jharkhand Apartments Khatipura, Kharkhand Mode, Jaipur

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2. MRS. HUMA SAMEEM W/o Sh. Waseem Ahamad Proprietor M/s Jaipur Mobile Store, Shop No. 1, Jharkhand Apartments, Khatipura, Jharkhand Mode, Jaipur AND Flat No. T-5147, A Block – 37, Rangoli Garden, Kanakpura, Panchayawala, Jaipur

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3. SH. WASEEM AHAMAD S/o Jameel Ahamad Flat No. 5147 A Block – 37, Rangoli Garden,

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Kanakpura, Panchayawala, Jaipur

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4. SH. SHAKEEL AHAMAD S/o Jameel Ahamad

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Flat No. 3, ASHIYANA residency, Plot No. 17, Ward No. 11, Krishna Nagar, Vaishali Nagar, Jaipur

……Defendants…..

OA No. 118 of 2021

Recovery Certificate for Rs. 57,78,451.53

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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 Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 57,78,451.53 (Rupees Fifty Seven Lac Seventy Eight Thousand Four Hundred Fifty One and Fifty Three Paisa Only) with future interest @ 10.55% p.a. (Simple) from 28.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged properties – Flat No. 505, 5^th Floor, Jaismeen Tower, Shankar residence, Omex City, Ajmer Road, Jaipur and Flat No. 504, 5^th Floor, Jaismeen Tower, Shankar residence, Omex City, Ajmer Road, Jaipur 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 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. 118 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. 118 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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CANARA BANK

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Branch Office at Vaishali Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S JAIPUR MOBILE STORE Proprietor Mrs. Huma Sameem Shop No. 1, Jharkhand Apartments Khatipura, Kharkhand Mode,

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Jaipur

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2. MRS. HUMA SAMEEM

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W/o Sh. Waseem Ahamad

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Proprietor M/s Jaipur Mobile Store,

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Shop No. 1, Jharkhand Apartments,

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Khatipura, Jharkhand Mode,

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Jaipur AND

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Flat No. T-5147, A Block – 37, Rangoli Garden,

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Kanakpura, Panchayawala, Jaipur

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3. SH. WASEEM AHAMAD

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S/o Jameel Ahamad

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Flat No. 5147 A Block – 37, Rangoli Garden,

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Kanakpura, Panchayawala, Jaipur

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4. SH. SHAKEEL AHAMAD

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S/o Jameel Ahamad

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Flat No. 3, ASHIYANA residency, Plot No. 17, Ward No. 11, Krishna Nagar, Vaishali Nagar, Jaipur

……Defendants…..

OA No. 118 of 2021

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	61,000.00
2	Process Fee (Inc. Publication)	125.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	62,375.00

¶119

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 118 of 2021

21.11.2022

Counsel:

Sh. ABHISHIK BHANDARI, Counsel for the Applicant Bank Defendants are ex-parte

¶126

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. 118 of 2021

21.11.2022

Counsel:

Sh. ABHISHEK BHANDARI, Counsel for the Applicant Bank Defendants are ex-parte

¶134

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.

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

OA No. 118 of 2021

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 118 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. 118 of 2022 Title Canara Bank Vs Jaipur Mobile Store & 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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Canara Bank v. M S Jaipur Mobile Store

Case brief

What is this about?

What did the court decide?

Canara Bank v. M S Jaipur Mobile Store

Case brief

What is this about?

What did the court decide?

What the court decided

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