The Debt Recovery Tribunal allowed the Applicant Bank's original application for recovery of a sum of Rs. 40,28,508/- along with interest and costs against the respondent.
Recovery certificate issued directing realization of Rs. 40,28,508/- with interest via sale of mortgaged property and personal assets.
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. 382 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 382 OF 2022
DATE OF DELIVERY OF ORDER 13.12.2022
STATE BANK OF INDIA
Branch Office SARB, at 3rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur through its Chief Manager
…..Applicant Bank…..
VERSUS
SOHAN SINGH
S/o Sh. Thakar Singh R/o Ward No. 7, Village & Post Office, 26, MOD, Gurusar Modia, Tehsil – Suratgarh, Distt. Shriganganagar (Raj.) 335802
……Defendant…..
Counsel for the Applicant Bank Shri Jayant V. Jaipuria Defendant Ex-Parte
JUDGMENT
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applicant bank is entitled to proceed against the same towards recovery of its debt.
(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
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 382 OF 2022
DATE OF DELIVERY OF ORDER 13.12.2022
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
STATE BANK OF INDIA
Branch Office SARB, at 3rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur through its Chief Manager
…..Applicant Bank…..
VERSUS
SOHAN SINGH
S/o Sh. Thakar Singh R/o Ward No. 7, Village & Post Office, 26, MOD, Gurusar Modia, Tehsil – Suratgarh, Distt. Shriganganagar (Raj.) 335802
……Defendant…..
Recovery Certificate for Rs. 40,28,508/-
In terms of final order dated 13.12.2022 passed by this Tribunal in the above mentioned case, it is ordered that the-
a) The Defendant is liable to pay to the applicant bank a sum of Rs. 40,28,508/- (Rupees Forty Lac Twenty Eight Thousand Five Hundred Eight Only) with future interest @ 10.60% p.a. (Simple) from 08.03.2022 till the date of realization.
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No. 71, Stone No. 23/271 (56) Kila No. 20/2,21 to 25 Area – 1.505 Hect. and Khata No. 71, Stone No. 23/272 (57) Kila No. 1 to 14,15/1, Area – 3.719 Hect & Khata No. 95, Stone No. 24/270 (50) Kila No. 6/1,11 to 25, Area – 3.922 Hect. 26 MOD Khata No. 6, Stone 15/259 (12) Kila No. 3 to 8, 13 to 18, 23 to 25 Area – 3.795 Hect. Khata No. 7, Stone No. 16/261 (21) Kila No. 1 to 5, 6/1, 7/2, 8/2, 9/1, 10/2 Area – 1.771 Hect. Khata No. 84, Stone No. 16/266 (41), Kila No. 1 to 4,7 to 10, 12,14 Area – 2.025 Hect. 28 MOD Khata No. 47, Stone No. 17/269 (10) Kila No. 6 to 12, Area – 1.771 Hect. Stone No. 18/269 (11) Kila No. 12 to 15, Area 1.012 Hect. 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.
c) The applicant bank is entitled to the costs of the O.A. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 13.03.2023 .
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 13.12.2022 .
(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. 382 OF 2022
DATE OF DELIVERY OF ORDER 13.12.2022
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
STATE BANK OF INDIA
Branch Office SARB, at 3rd Floor, Matrix Mall, Sector-4,
Jawahar Nagar, Jaipur through its Chief Manager
…..Applicant Bank…..
VERSUS
SOHAN SINGH
S/o Sh. Thakar Singh R/o Ward No. 7, Village & Post Office, 26, MOD, Gurusar Modia, Tehsil – Suratgarh, Distt. Shriganganagar (Raj.) 335802
……Defendant…..
| S.No. | Item of Costs | Amount (Rs.) |
|---|---|---|
| 1 | Fee on the Application | 43,000.00 |
| 2 | Process Fee (Inc. Publication) | 96.00 |
| 3 | Advocate Fee | 1,250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5. | Miscellaneous Charges | NIL |
| Total | 44,346.00 |
Presiding Officer, Debts Recovery Tribunal, Jaipur
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13.12.2022
Counsel:
Sh. JAYANT V JAIPURIA, Counsel for the Applicant Bank Defendant is 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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13.12.2022
Counsel:
Sh. JAYANT V JAIPURIA, Counsel for the Applicant Bank Defendant is ex-parte
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.
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.
Presiding Officer, Debts Recovery Tribunal, Jaipur
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DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 382 of 2022
The Recovery Certificate prepisd in compliance of order dated 13.12.2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 382 of 2022 Title State Bank of India Vs Sohan Singh 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
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2 issues framed by the court
Whether the applicant bank is entitled to recover the loan dues from the respondent.
Whether a recovery certificate should be issued for the recovery of the debt amount.
2 provisions across 2 enactments
State Bank of India
Sohan Singh
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Saxena
Parties & counsel
