Allowed

State Bank of India v. Guman Singh

DRT13 Dec 2022OA/251/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by State Bank of India against Guman Singh for recovery of Rs. 44,45,701/- with future interest. The court held the respondent liable and directed the issuance of a recovery certificate.

What did the court decide?

Respondent declared liable to pay Rs. 44,45,701/- with future interest and costs; recovery authorized via sale of assets.

State Bank of India versus Guman Singh — Execution and Attachment | DRT (2022)

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“ORIGINALAPPLICATION” No. 251 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. 251 OF 2022

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DATE OF DELIVERY OF ORDER 13.12.2022

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STATE BANK OF INDIA

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Branch Office SARB, at 3^rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur through its Chief Manager

…..Applicant Bank…..

VERSUS

GUMAN SINGH

S/o Sh. Bhakat Singh alias Bhagat Singh

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R/o Village Gundala Tehsil Bhaniyana Distt. Jaisalmer (Raj.)

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……Defendant…..

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

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 16.02.2022 for recovery of an amount of Rs. 44,45,701/- with pendentlite and future interest and cost.

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As per O.A., Defendant approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendant. Defendant 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 Defendant.

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Defendant is proceeded ex parte on 19.09.2022.

OA No. 251 of 2022

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/24 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 251 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 44,45,701/- (Rupees Forty Four Lac Forty Five Thousand Seven Hundred One Only) with future interest @ 10.60% p.a. (Simple) from 16.02.2022 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 – (1) Agriculture Land – Village Gundala, Pokaran, Jaisalmer (Raj.) Khasra No. 56, Area – 100 Bigha 0 Biswa, Khasra No. 57, Area – 48 Bigha 16 Biswa, Khasra No. 60 Area – 21 Bigha 8 Biswa, total area 170 Bigha 4 Biswa (2) Agriculture Land – Village Gundala, Pokaran, Jaisalmar (Raj.) – Khasra No. 57 Area – 48 Bigha 16 Biswa, Khasra No. 60 – Area – 21 Bigha 8 Biswa total area 70 Bigha 4 Biswa as well as from the personal movable and immovable properties/assets of Defendant. 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 are directed to appear before the Recovery Officer, DRT, Jaipur on 13.03.2023 .

OA No. 251 of 2022

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 Order pronounced in the open court today i.e. 13.12.2022 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 251 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. 251 OF 2022

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DATE OF DELIVERY OF ORDER 13.12.2022

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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 SARB, at 3^rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur through its Chief Manager

…..Applicant Bank…..

VERSUS

GUMAN SINGH

S/o Sh. Bhakat Singh alias Bhagat Singh

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R/o Village Gundala Tehsil Bhaniyana Distt. Jaisalmer (Raj.)

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……Defendant…..

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Recovery Certificate for Rs. 44,45,701/-

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In terms of final order dated 13.12.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 44,45,701/- (Rupees Forty Four Lac Forty Five Thousand Seven Hundred One Only) with future interest @ 10.60% p.a. (Simple) from 16.02.2022 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 – (1) Agriculture Land – Village Gundla, Pokaran, Jaisalmer (Raj.) Khasra No. 56, Area – 100 Bigha 0 Biswa, Khasra No. 57, Area – 48 Bigha 16 Biswa, Khasra No. 60 Area – 21 Bigha 8 Biswa, total area 170 Bigha 4 Biswa (2) Agriculture Land – Village Gundala, Pokaran, Jaisalmar (Raj.) – Khasra No. 57 Area – 48 Bigha 16 Biswa, Khasra

OA No. 251 of 2022

No. 60 – Area – 21 Bigha 8 Biswa total area 70 Bigha 4 Biswa as well as from the personal movable and immovable properties/assets of Defendant. 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 are directed to appear before the Recovery Officer, DRT, Jaipur on 13.03.2023 .

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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 13.12.2022 .

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

OA No. 251 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. 251 OF 2022

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DATE OF DELIVERY OF ORDER 13.12.2022

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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 SARB, at 3^rd Floor, Matrix Mall, Sector-4,

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Jawahar Nagar, Jaipur through its Chief Manager

…..Applicant Bank…..

VERSUS

GUMAN SINGH

S/o Sh. Bhakat Singh alias Bhagat Singh

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R/o Village Gundala Tehsil Bhaniyana Distt. Jaisalmer (Raj.)

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	47,000.00
2	Process Fee (Inc. Publication)	53.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	48,303.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 251 of 2022

13.12.2022

Counsel:

Sh. JHABAR SWAMI, Counsel for the Applicant Bank Defendant is 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. 251 of 2022

13.12.2022

Counsel:

Sh. JHABAR SWAMI, Counsel for the Applicant Bank Defendant is ex-parte

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The Tribunal vide order dated 13.12.2022 , 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 13.12.2022 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. 251 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 251 of 2022

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The Recovery Certificate prepisd in compliance of order dated 13.12.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 251 of 2022 Title State Bank of India Vs Guman Singh 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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State Bank of India v. Guman Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Guman Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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