The Debts Recovery Tribunal allowed the bank's original application for recovery of dues. The court held respondents jointly and severally liable to pay the debt with interest and issued a recovery certificate permitting sale of assets.
Declaration that defendants are jointly and severally liable to pay Rs. 29,17,542.71 with interest; Recovery Certificate issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
“ORIGINALAPPLICATION” No. 120 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 120 OF 2022
DATE OF DELIVERY OF ORDER 09.11.2022
BANK OF INDIA
Branch Office at Plot No. 102, 103 and 123, Pandit T.N. Mishra Marg, Santosh Nagar, Nirman Nagar, Jaipur - 302019
…..Applicant Bank…..
VERSUS
1. PRANAY PERIWAL
S/o Sh. Sanjay Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
2. SANJAY PERIWAL
S/o Sh. Mayank Lal Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
3. RADHA KRISHNA BUILDTEC PVT. LTD.
through its Director/Authorized Signatory Shri Giriraj Ratan Daga address E-92, Coral Castel, Subhash Marg, C- Scheme, Jaipur
……Defendants…..
Counsel for the Applicant Bank Shri Ajay Shukla Defendants Ex-Parte
Shri Ajay Shukla
JUDGMENT
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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 09.11.2022 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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OA No. 120 of 2022
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 120 OF 2022
DATE OF DELIVERY OF ORDER 09.11.2022
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
BANK OF INDIA
Branch Office at Plot No. 102, 103 and 123, Pandit T.N. Mishra Marg, Santosh Nagar, Nirman Nagar, Jaipur - 302019
…..Applicant Bank…..
VERSUS
1. PRANAY PERIWAL
S/o Sh. Sanjay Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
2. SANJAY PERIWAL
S/o Sh. Mayank Lal Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
3. RADHA KRISHNA BUILDTEC PVT. LTD.
through its Director/Authorized Signatory Shri Giriraj Ratan Daga address E-92, Coral Castel, Subhash Marg, C- Scheme, Jaipur
……Defendants…..
Recovery Certificate for Rs. 29,17,542.71
In terms of final order dated 09.11.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-
a) The Defendants No. 1 to 3 are jointly & severally liable to pay to the applicant bank a sum of Rs. 29,17,542.71 (Rupees Twenty Nine Lac Seventeen Thousand Five Hundred Forty Two and Seventy
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One Paisa Only) with future interest @ 10.85% p.a. (Simple) from 01.12.2021 till the date of realization.
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 09.02.2023 .
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.
This Certificate has been issued under my signatures and seal of the Tribunal on this 09.11.2022 .
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 120 OF 2022
DATE OF DELIVERY OF ORDER 09.11.2022
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
BANK OF INDIA
Branch Office at Plot No. 102, 103 and 123, Pandit T.N. Mishra Marg, Santosh Nagar, Nirman Nagar, Jaipur - 302019
…..Applicant Bank…..
VERSUS
1. PRANAY PERIWAL
S/o Sh. Sanjay Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
2. SANJAY PERIWAL
S/o Sh. Mayank Lal Periwal
R/o Plot No. 96-97, Coral Kunj Flat No. 102, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
3. RADHA KRISHNA BUILDTEC PVT. LTD.
through its Director/Authorized Signatory Shri Giriraj Ratan Daga address E-92, Coral Castel, Subhash Marg, C- Scheme, Jaipur
……Defendants…..
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| S.No. | Item of Costs | Amount (Rs.) |
|---|---|---|
| 1 | Fee on the Application | 32,000.00 |
| 2 | Process Fee (Inc. Publication) | 5,700.00 |
| 3 | Advocate Fee | 1,250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5. | Miscellaneous Charges | NIL |
| Total | 38,950.00 |
Presiding Officer, Debts Recovery Tribunal, Jaipur
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09.11.2022
Counsel:
Sh. AJAY SHUKLA, Counsel for the Applicant Bank Defendants are ex-parte
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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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09.11.2022
Counsel:
Sh. AJAY SHUKLA, Counsel for the Applicant Bank Defendants are ex-parte
The Tribunal vide order dated 09.11.2022 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.
The Registrar vide order dated 09.11.2022 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.
Presiding Officer, Debts Recovery Tribunal, Jaipur
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DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 120 of 2022
The Recovery Certificate prepisd in compliance of order dated 09.11.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 120 of 2022 Title Bank of India Vs Pranay Periwal & Ors. has been checked and may be verified.
Section Officer
Assistant Registrar
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.
Assistant Registrar
Hon’ble Presiding Officer
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1 issue framed by the court
Whether the defendants are liable to repay the loan amount sanctioned by the applicant bank.
2 provisions across 1 enactments
BANK OF INDIA
PRANAY PERIWAL
SANJAY PERIWAL
RADHA KRISHNA BUILDTEC PVT. LTD.
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
