Allowed

Yes Bank v. Shri Balaji Super Enterprises

DRT18 Nov 2022OA/181/2022

Case brief

AI extract

What is this about?

The Tribunal disposed of an original application filed by Yes Bank Limited for recovery of dues amounting to Rs. 23.07 lakh. The respondents were proceeded ex-parte. The claim was allowed, declaring the respondents jointly and severally liable to pay the principal amount along with future interest and costs.

What did the court decide?

Respondents declared jointly and severally liable to pay Rs. 23,07,138.35/- with future interest at 10% p.a.; recovery certificate issued for enforcement against assets.

Yes Bank versus Shri Balaji Super Enterprises — Arbitration | DRT (2022)

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“ORIGINALAPPLICATION” No. 181 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. 181 OF 2022

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DATE OF DELIVERY OF ORDER 18.11.2022

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YES BANK LIMITED

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Branch Office at Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur – 302001

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…..Applicant Bank…..

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VERSUS

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1. SHRI BALAJI SUPER ENTERPRISES

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Office – 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur- 342005 through its proprietor Beerbal Bishnoi

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2. SH. BEERBAL BISHNOI

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S/o Sh. Poonam Chand Bishnoi, R/o 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur342005

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……Defendants…..

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Counsel for the Applicant Bank

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Shri Pramod Kumar

Defendants

Ex-Parte

JUDGMENT

This Original Application was filed by Applicant Bank against Defendants on 19.01.2022 for recovery of an amount of Rs. 23,07,138.35/- with pendentlite and future interest and cost.

¶21

As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, credit

OA No. 181 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 29.07.2022.

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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/20 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. 181 of 2022 is allowed declaring that:-

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a) The Defendants No. 1 & 2 are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,07,138.35/- (Rupees Twenty Three Lac Seven Thousand One Hundred Thirty Eight and Thirty Five Paisa Only) with future interest @ 10 % p.a. (Simple) from 19.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated vehicle – Model TATA 3118 TIPPER/TATA LPK 3118, Engine No. ISB3.9B4S180K191E63790619 Chasis No. MAT466438K3E13975, Registration No. RJ19GG3184 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. 181 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. 181 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. 181 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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YES BANK LIMITED

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Branch Office at Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur – 302001

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…..Applicant Bank…..

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VERSUS

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1. SHRI BALAJI SUPER ENTERPRISES

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Office – 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur- 342005 through its proprietor Beerbal Bishnoi

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2. SH. BEERBAL BISHNOI

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S/o Sh. Poonam Chand Bishnoi, R/o 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur342005

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……Defendants…..

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Recovery Certificate for Rs. 23,07,138.35

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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 No. 1 & 2 are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,07,138.35/- (Rupees Twenty Three Lac Seven Thousand One Hundred Thirty Eight and Thirty Five Paisa Only) with future interest @ 10 % p.a. (Simple) from 19.01.2022 till the date of realization.

OA No. 181 of 2022

b) The applicant bank is entitled to recover the above amount by sale of hypothecated vehicle – Model TATA 3118 TIPPER/TATA LPK 3118, Engine No. ISB3.9B4S180K191E63790619 Chasis No. MAT466438K3E13975, Registration No. RJ19GG3184 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. 181 of 2022

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

¶76

PRESIDING OFFICER

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O.A. NO. 181 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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YES BANK LIMITED

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Branch Office at Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur – 302001

¶83

…..Applicant Bank…..

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VERSUS

¶85

1. SHRI BALAJI SUPER ENTERPRISES

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Office – 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur- 342005 through its proprietor Beerbal Bishnoi

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2. SH. BEERBAL BISHNOI

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S/o Sh. Poonam Chand Bishnoi, R/o 52, Krishna Nagar, Near Jeet House, New Pali Road, Jhalamand, Jodhpur342005

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00
2	Process Fee (Inc. Publication)	130.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	27,380.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 181 of 2022

18.11.2022

Counsel:

Sh. PRAMOD KUMAR, 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. 181 of 2022

18.11.2022

Counsel:

Sh. PRAMOD KUMAR, Counsel for the Applicant Bank Defendants are ex-parte

¶106

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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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 181 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 181 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. 181 of 2022 Title YES BANK LIMITED Vs Shri Balaji Super Enterprises & 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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Yes Bank v. Shri Balaji Super Enterprises

Case brief

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Yes Bank v. Shri Balaji Super Enterprises

Case brief

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