Allowed

State Bank of India v. Shri Bhim Sen Saharan

DRT23 Sept 2022OA/39/2022

Case brief

AI extract

What is this about?

In an original application filed by State Bank of India for recovery of an outstanding Kisan Credit Card loan, the Debts Recovery Tribunal allowed the claim against the absent defendant. The court directed the issuance of a recovery certificate enabling the bank to recover dues via sale of mortgaged and hypothecated assets.

What did the court decide?

Possession and liability for Rs. 34,51,742/- with future interest; arbitrary recovery via sale of mortgaged and hypothecated assets; costs awarded.

State Bank of India versus Shri Bhim Sen Saharan — Banking and Recovery | DRT (2022)

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“ORIGINAL APPLICATION” No. 039 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. 039 OF 2022

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DATE OF DELIVERY OF ORDER 23/09/2022

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STATE BANK OF INDIA, Corp. Office at-Madam Came Road, Nariman Point, Mumbai 400021

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

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…..Applicant Bank……

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VERSUS

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1. BHIM SEN SAHARAN, S/o. Shri Balram Saharan, R/o. H.No. 79, Ward No. 02, H Bada, Village Post Maderan, Distt. Sriganganagar (Raj.).

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……Defendant….

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Counsel for the Applicant Bank - Shri Kirti Kapoor Defendant is Ex-parte

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JUDGMENT

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The Applicant Bank originally filed this O.A. on 21.12.2021, against the Defendant for the recovery of a sum of Rs.34,51,742/- (Thirty Four Lacs Fifty One Thousand Seven Hundred Forty Two Only) on Kisan Credit Card (KCC) Limit @10.60% p.a. with six monthly rest from the Defendant with date of filing this original application till the date of realization and in default by sale of mortgaged property i.e.-„Agriculture land of Khata No. 33, M. No. 56, K. No. 1 to 25 situated at Chak No. 2-H Bada Patwar Mandal Maderan, Tehsil & Distt. Sriganganagar (Raj.) total admeasuring 6.325 hect. (Detailed description of property is given in para no. 3-A & 5.7 of OA). And a s well as hypothecated goods etc. & other

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OA No. 039 OF 2022

Personal movable and immovable property/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt. The applicant bank is entitled to the costs and expenses of the original application.

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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.

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That Defendant have approached the applicant bank for grant of Financial Facility for agricultural loan under Kisan Credit Card Scheme.

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That the applicant bank had considered the request of the Defendant and have sanctioned the above loan Facility of Rs. 20.00 lacs to the Defendant.

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That in order to avail the above loan facility, the Defendant had executed required loaning documents in favour of applicant bank.

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That the Defendant availed the said loan facility and had failed to maintain the financial discipline in the loan account and further failed to adhere the terms and conditions of the sanction, as such the account became irregular and further classified as NPA on 29.02.2020 as per guidelines of RBI.

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That the Recall Notice dated 30.07.2020 was issued to Defendant and raised the demand to deposit the entire outstanding dues. In spite of this notice, Defendant has failed to deposit the entire loan dues.

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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 sale of

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OA No. 039 OF 2022

above mentioned mortgaged property & hypothecated goods etc. And a s well as other Personal movable and immovable property/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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

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The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/10.

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Heard arguments of Ld. Counsel for the applicant bank.

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The point that arise for consideration is:-

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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/10 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. 039 OF 2022 is allowed declaring that:-

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a) The Defendant are liable to pay to the applicant bank a sum of Rs.34,51,742/- (Thirty Four Lacs Fifty One Thousand Seven Hundred Forty Two 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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b) The applicant bank is entitled to recover the above amount by the sale of mortgaged property i.e.„Agriculture land of Khata No. 33, M. No. 56, K. No. 1 to 25 situated at Chak No. 2-H Bada Patwar Mandal Maderan, Tehsil & Distt. Sriganganagar (Raj.) total

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OA No. 039 OF 2022

admeasuring 6.325 hect. (Detailed description of property is given in para no. 3-A & 5.7 of OA). And a s well as hypothecated goods etc. & other Personal movable and immovable property/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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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 04/01/2023 .

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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. 23/09/2022 .

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

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Place-Jaipur Dated-23/09/2022

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OA No. 039 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. 039 OF 2022

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DATE OF DELIVERY OF ORDER 23/09/2022

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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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STATE BANK OF INDIA, Corp. Office at-Madam Came Road, Nariman Point, Mumbai 400021

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

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…..Applicant Bank……

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VERSUS

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1. BHIM SEN SAHARAN, S/o. Shri Balram Saharan, R/o. H.No. 79, Ward No. 02, H Bada, Village Post Maderan, Distt. Sriganganagar (Raj.).

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……Defendant….

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Recovery Certificate for Rs. 34,51,742/-

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In terms of final order dated 23/09/2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant are liable to pay to the applicant bank a sum of Rs.34,51,742/- (Thirty Four Lacs Fifty One Thousand Seven Hundred Forty Two 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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b) The applicant bank is entitled to recover the above amount by the sale of mortgaged property i.e.„Agriculture land of Khata No. 33, M. No. 56, K. No. 1 to 25 situated at Chak No. 2-H Bada Patwar Mandal Maderan, Tehsil & Distt. Sriganganagar (Raj.) total admeasuring 6.325 hect. (Detailed description of

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OA No. 039 OF 2022

property is given in para no. 3-A & 5.7 of OA). And a s well as hypothecated goods etc. & other Personal movable and immovable property/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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ii. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 04/01/2023 .

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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 23/09/2022 .

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

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Place-Jaipur Dated-23/09/2022

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OA No. 039 OF 2022

FORM NO. 10

[See ReguLaltion-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

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O.A No. 039 OF 2022

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STATE BANK OF INDIA, Corp. Office at-Madam Came Road, Nariman Point, Mumbai 400021

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

¶92

…..Applicant Bank……

¶93

VERSUS

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1. BHIM SEN SAHARAN, S/o. Shri Balram Saharan, R/o. H.No. 79, Ward No. 02, H Bada, Village Post Maderan, Distt. Sriganganagar (Raj.).

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……Defendant….

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S. No.	Item of Costs	Amount in Rupees
1.	Fee on the application	37,000
2.	Process Fees (inc. Publication)	39
3.	AdvocateFees	1,250
4.	Commissioner/Receivers/Valuation/ SecurityFee	NIL
5.	Miscellaneous Charges	NIL
	Total Costs	38,289

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

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Place-Jaipur Dated-23/09/2022

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OA No. 039 OF 2022

23/09/2022 Counsel: Sh. KIRTI KAPOOR, Counsel for the Applicant Bank. Defendant is Ex-parte.

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Heard arguments of Ld. Counsel for the applicant bank.

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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.

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

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OA No. 039 OF 2022

23/09/2022

Counsel: Sh. KIRTI KAPOOR, Counsel for the Applicant Bank. Defendant is Ex-parte.

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The Tribunal vide order dated 23/09/2022 , 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 23/09/2022 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.

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

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OA No. 039 OF 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 039 OF 2022

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The Recovery Certificate prepared in compliance of order dated 23/09/2022 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 039 OF 2022 Title- SBI Vs. BHIM SEN SAHARAN 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. Shri Bhim Sen Saharan

Case brief

What is this about?

What did the court decide?

State Bank of India v. Shri Bhim Sen Saharan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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