Allowed

State Bank of India v. Surendra Aheer

DRT22 Sept 2022OA/33/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of Rs. 37.48 lakhs advanced under a Kisan Credit Card. The court held the defendant liable for the debt and authorized sale of mortgaged agricultural land and other assets for realization, directing issuance of a recovery certificate.

What did the court decide?

Declaration of liability to pay Rs. 37,48,614 with future interest @ 10% p.a. and authorization for recovery via sale of mortgaged agriculture land and other assets; issuance of Recovery Certificate.

State Bank of India versus Surendra Aheer — Contract and Commercial Disputes | DRT (2022)

¶1

“ORIGINAL APPLICATION” No. 033 OF 2022

¶2

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

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PRESIDING OFFICER

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O.A. NO. 033 OF 2022

¶5

DATE OF DELIVERY OF ORDER 22/09/2022

¶6

STATE BANK OF INDIA , a Body Corporate constituted under the State Bank of India Act, 1955 (23 of 1955), having its Corporate Office at State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai400021; one of its branch/office , SARB, 3rd Floor, Matrix Mall,Sector 4, Jawahar Nagar, Jaipur (Raj.), through its Chief Manager Mr. G. L. Meena

¶7

.....Applicant Bank…..

¶8

VERSUS

¶9

1. MR. SURENDRA AHEER S/o. Mr. Sheo Chand Aheer R/o. Chak Bhojasar, Teh. Bhadra, Hanumangarh (Raj.) - 335501

¶10

……Defendant….

¶11

Counsel for the Applicant Bank - Shri Jhabar Swami Defendant is Ex-parte

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JUDGMENT

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The Applicant Bank originally filed this O.A. on 07.01.2022, against the Defendant for the recovery of a sum of Rs.37,48,614/- (Thirty Seven Lacs Forty Eight Thousand Six Hundred Fourteen Only) on Kisan Credit Card (KCC) Limit @ 10.60% p.a. from the Defendant with date of filing this original

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application till the date of realization and in default by sale of

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mortgaged property i.e.- Agriculture land

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Tehsil & District	Village / Chak Name	Khata No.	Kh No	asra .	Total Area (in Hectares)	Proposed Area (in Hectares)
	7 MSR	89	S. 44	No.	½ part of 1.202	0.601
Teh. Bhadra,	3 MSR	14	S. 2, 3	No.	31/144 part of 11.385	2.4509
Distt. Hanumangarh	1 MSR	130	S. 19, 56, 61	No. 55, 60,	1/8 part of 6.578	0.8222
	1 MSR	40	S. 25	No.	6.325	1.054
	1 MSR	109	S. 30, 49	No. 31,	½ part of 6.325	3.1625
	2 MSR	134	S. 38	No.	1/8 part of 1.771	0.2213
	2 MSR	97	S. 26, 30, 53, 57, 59,	No. 27, 31, 54, 58, 60	1/72 part of 24.035	0.3338
	2 DPN	12	S. 56	No.	23/144 part of 6.325	1.0102
	2 BHD	26	S. 23, 28, 48, 50	No. 27, 29, 49,	1/72 part of 13.217	0.1835
	1 BHD	114	S. 51,	No. 52,	1/32 part of 6.578	0.2055
			61,	62
Total Area					10.0449 He	ctare

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AND as well as other Personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt. The

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applicant bank is entitled to the costs and expenses of the original application.

¶25

The brief facts of the case are-

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That the present original application was filed by the Chief Manager of the applicant bank and who was authorized to sigh & verify the original application and the same on behalf of the bank by virtue of the authority through Gazette Notification dated 02.05.1987, Exhibit A- 2.

¶27

That the defendant had applied and availed KCC Loan Facility from the applicant bank.

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That applicant bank has considered the request of Defendant and sanctioned the Kisan Credit Facility (KCC) Loan Facilities to Defendant. (The detailed description of facilities is given in para no. 5.6 of OA). The Defendant has executed required loaning documents in favour of applicant bank and the Defendant has availed the financial facilities sanctioned by the applicant bank.

¶29

The in order to secure the loan facility, Defendant creates charge in the agriculture land in favour of applicant bank. (The detailed description of property is given in para no. 5.9 of OA).

¶30

That the Defendant availed the financial facilities time to time but the Defendant had failed to adhere to the financial repayment discipline in the loan accounts and further failed to adhere the terms and conditions of the sanction, as such the accounts became irregular and classified as NPA on 29.02.2020 as per guidelines of RBI.

¶31

That the applicant bank issued a Notice dated 16.12.2021 to Defendant and raised the demand to deposit the entire outstanding amount in the loan accounts, but

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the Defendant, inspite of notice have failed to deposit the dues.

¶36

That the applicant bank prayed to issue a recovery certificate for the aforesaid amount against the Defendant and also entitled to realize outstanding amount by the sale of above mentioned mortgaged property mentioned and as well as Personal movable and immovable properties/assets of Defendant.

¶37

The Defendant is called absent and set ex-parte on 27.06.2022.

¶38

The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/14.

¶39

Heard arguments of Ld. Counsel for the applicant bank.

¶40

The point that arise for consideration is: Whether the applicant bank is entitled to the claim as prayed for?

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As stated supra, the Defendant remained ex-parte. The applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/14 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant are liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶42

In the result, this O.A. No. 033 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.37,48,614/- (Thirty Seven Lacs Forty Eight Thousand Six Hundred Fourteen Only) with future interest @ 10% p.a. (Simple) from the date of filing the original application till the date of realization.

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OA No. 033 OF 2022

b) The applicant bank is entitled to recover the above amount by the sale of mortgaged property i.e.- Agriculture land

¶48

Tehsil & District	Village / Chak Name	Khata No.	Khasra No.	Total Area (in Hectares)	Proposed Area (in Hectares)
	7 MSR	89	S. No. 44	½ part of 1.202	0.601
	3 MSR	14	S. No. 2, 3	31/144 part of	2.4509
Teh. Bhadra,				11.385
Distt. Hanumangarh	1 MSR	130	S. No. 19, 55, 56, 60, 61	1/8 part of 6.578	0.8222
	1 MSR	40	S. No. 25	6.325	1.054
	1 MSR	109	S. No. 30, 31, 49	½ part of 6.325	3.1625
	2 MSR	134	S. No. 38	1/8 part of 1.771	0.2213
	2 MSR	97	S. No. 26, 27, 30, 31, 53, 54, 57, 58, 59, 60	1/72 part of 24.035	0.3338
	2 DPN	12	S. No. 56	23/144 part of 6.325	1.0102
	2 BHD	26	S. No. 23, 27, 28, 29, 48, 49, 50	1/72 part of 13.217	0.1835
	1 BHD	114	S. No. 51, 52,	1/32 part of 6.578	0.2055
			61, 62
Total Area				10.0449 He	ctare

¶49

AND as well as other Personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards

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OA No. 033 OF 2022

recovery of its debt. The applicant bank is entitled to the costs and expenses of the O.A.

¶54

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

¶55

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 03/01/2023 .

¶56

Prepare Recovery Certificate accordingly.

¶57

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.

¶58

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

¶59

Order pronounced in the open court today i.e. 22/09/2022 .

¶60

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

¶61

Place-Jaipur Dated-22/09/2022

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OA No. 033 OF 2022

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

¶66

PRESIDING OFFICER

¶67

O.A. NO. 033 OF 2022

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DATE OF DELIVERY OF ORDER 22/09/2022

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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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¶72

.....Applicant Bank…..

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VERSUS

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1. MR. SURENDRA AHEER S/o. Mr. Sheo Chand Aheer R/o. Chak Bhojasar, Teh. Bhadra, Hanumangarh (Raj.) - 335501

¶75

……Defendant…..

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Recovery Certificate for Rs. 37,48,614/-

¶77

In terms of final order dated 22/09/2022 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.37,48,614/- (Thirty Seven Lacs Forty Eight Thousand Six Hundred Fourteen Only) with future interest @ 10% p.a. (Simple) from the date of filing the original application till the date of realization.

¶79

b) The applicant bank is entitled to recover the above amount by the sale of mortgaged property i.e.- Agriculture land

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OA No. 033 OF 2022

Tehsil & District	Village / Chak Name	Khata No.	Kh No	asra .	Total Area (in Hectares)	Proposed Area (in Hectares)
	7 MSR	89	S. 44	No.	½ part of 1.202	0.601
Teh. Bhadra,	3 MSR	14	S. 2, 3	No.	31/144 part of 11.385	2.4509
Distt. Hanumangarh	1 MSR	130	S. 19, 56, 61	No. 55, 60,	1/8 part of 6.578	0.8222
	1 MSR	40	S. 25	No.	6.325	1.054
	1 MSR	109	S. 30, 49	No. 31,	½ part of 6.325	3.1625
	2 MSR	134	S. 38	No.	1/8 part of 1.771	0.2213
	2 MSR	97	S. 26, 30, 53, 57, 59,	No. 27, 31, 54, 58, 60	1/72 part of 24.035	0.3338
	2 DPN	12	S. 56	No.	23/144 part of 6.325	1.0102
	2 BHD	26	S. 23, 28, 48, 50	No. 27, 29, 49,	1/72 part of 13.217	0.1835
	1 BHD	114	S. 51,	No. 52,	1/32 part of 6.578	0.2055
			61,	62
Total Area					10.0449 He	ctare

¶84

AND as well as other 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 and expenses of the O.A.

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OA No. 033 OF 2022

ii. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 03/01/2023 .

¶90

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 22/09/2022 .

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

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Place-Jaipur Dated-22/09/2022

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OA No. 033 OF 2022

FORM NO. 10

[See Regulation-24(1)]

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DEBTS RECOVERY TRIBUNAL First Floor, Sudharma-II, Opp.Kisan Bhawan, Lal Kothi Shopping Centre, Tonk Road, JAIPUR- 302015

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SCHEDULED TO RECOVERY CERTIFICATE MEMO OF COST

¶101

O.A No. 033 OF 2022

¶102

¶103

.....Applicant Bank…..

¶104

VERSUS

¶105

1. MR. SURENDRA AHEER S/o. Mr. Sheo Chand Aheer R/o. Chak Bhojasar, Teh. Bhadra, Hanumangarh (Raj.) - 335501

¶106

……Defendant….

¶107

S. No.	Item of Costs	Amount in Rupees
1.	Fee onthe application	40,000
2.	Process Fees (inc. Publication)	53
3.	AdvocateFees	1,250
4.	Commissioner/Receivers/Valuation/ SecurityFee	NIL
5.	Miscellaneous Charges	NIL
	Total Costs	41,303

¶108

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

¶109

Place-Jaipur Dated-22/09/2022

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OA No. 033 OF 2022

22/09/2022 Counsel: Shri Jhabar Swami, Counsel for the Applicant Bank. Defendant is Ex-parte.

¶114

Heard arguments of Ld. Counsel for the applicant bank.

¶115

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared 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.

¶116

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

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OA No. 033 OF 2022

22/09/2022

Counsel: Shri Jhabar Swami, Counsel for the Applicant Bank. Defendant is Ex-parte.

¶122

The Tribunal vide order dated 22/09/2022 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶123

The Registrar vide order dated 22/09/2022 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepared 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.

¶124

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

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OA No. 033 OF 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶129

ORIGINAL APPLICATION NO. 033 OF 2022

¶130

The Recovery Certificate prepared in compliance of order dated 22/09/2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 033 OF 2022 Title- SBI Vs. MR. SURENDRA AHEER 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. Surendra Aheer

Case brief

What is this about?

What did the court decide?

State Bank of India v. Surendra Aheer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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Case details

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