Allowed

Indian Bank v. Danappa Shivalingappa Shende

DRT22 Aug 2023OA/1227/2023

Case brief

AI extract

What is this about?

The Tribunal granted an ex parte interim order restraining defendants from alienating or encumbering mortgaged agricultural properties pending a recovery suit, directing the defendants to furnish equivalent security or show cause.

What did the court decide?

Defendants restrained from dealing with, disposing of, selling, transferring, alienating, encumbering, or creating third-party interest in the scheduled property pending the OA, with a direction to fu

Indian Bank versus Danappa Shivalingappa Shende — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAKA AT BENGALURU

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Dated this the 22nd day of August 2023

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Present: Sri IMTIAZ ALI

Presiding Officer

IA No.27812023

O.A. No.1227 12023

BETWEEN:

INDIAN BAN&

Corporate Office:

P.B. No.5555, 254-260, Avvai Shanmugam Salai, Rayapettah, Chennai-600 014, Tamilnadu State

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Bra nch:

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Vijajayapura, R.R. Katti Building, Shahapethi Main Road, Vijayapura, Karnataka-586 101 Represented by its Branch Manager

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AND:

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PETITIONER/ APPLICANT BANK

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Sri Danappa Shivalingappa Shende, S/o Sri Shivalingappa Shende, Residing at Dyaberi Post, Dyaberi, Vijayapura-586 112

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2.Sri Gurappa Rudrappa Kumbar, S/o Rudrappa Kumbar, Residing at Dyaberi Post, Dyaberi, Vijayapura-586 112

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n RESPONDENTS/ DEFENDANTS

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r.A.No.27812023ⁱⁿ O.A.No.722712023

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The present OA is filed by the Applicant^{Bank against} the Defendants for^{issuance of} recovery certificate and^other reliefs for recovery of^{a sum of} Rs.4!,!7,226.10 together^v,rith interest, costs, charges,^etc.

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The above Interlocutory^{Application is filed by the} Applicant Bank with^{affidavit of its Branch ManagerSri Ram} Udgar Singh, seeking to^{pass an interim order for attachment} of immovable^{properties before judgment mentioned in the} Item No.1 of schedule^{property herein in the interestof} justice and equity. In the affidavit, inter alia, it^{is submitted} that the Defendants after^{availingthe loan facility from the} Applicant Bank failed to^{repaythe loan amount and now the} Defendants are making^{hecticeffo rts to alienatethe schedule} properties by misleading the intended^purchasersby suppressing the mortgage^{created in favour of the Applicant} Bank and the Defendants^{may create third-party intereston} the schedule^{property. The ApplicantBankapprehends in such} an event, the Applicant^{Bank will be deprived of its right} which will lead to multiplicity^{of proceedings.Hence, the} Applicant Bank has sought^{to allow the present I.A. as prayed} for.

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It appears that the Applicant^{Bank has filed the IA on} the premise that the Defendants may alienate or encttmber

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1.A.No.27812023 in O.A.No.7227 /2023

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Item No.1 of the schedule property in favour of any other agency or third party. It cannot be disputed that the amount in question is increasing by adding interest and admittedly the amount involved is a very large sum. Considering the very large sum of OA involved in this case, and balance cf convenience, the present IA is to be allowed, if the Defendants fail to furnish security equivalent to claim amount, by keeping open the merits of the case and without prejudice to the rights of both the pafties. By doing so, no prejudice, nor harm nor loss will be caused to the Defendants. As the Applicant Bank has prima facie established the essential ingredients for granting an ex parte ad inte m order, I proceed to pass following:

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ORDER

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Defendants are hereby directed to furnish security equivalent to OA claim amount on or before the next date of hearing or to appear and show cause why the Defendants should not furnish security, failing which interim relief sought in IA No.27812023 will stand allowed.

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Serve notice to the Defenda nts/Respondents on IA by RPAD. Applicant Bank is directed to produce a copy of this order before the jurisdictional Sub-

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1.A.No.27812023ⁱⁿ o.A.No.722712023

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Registrar's office to^{make an entry in its revenue} records/encumbrance^{certificate pertaining to the}

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schedule^proPerty.

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SCHEDULE PROPERTY

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All that^piece and^{parcelof agricultural land property bearing} Sy.No.171l1 2 acres^{25 guntas and 187/16 acres 09 guntas,} situated at Dyaberi^{Village, Vijayapura.}

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For complia nce/steps/further^{proceedings before Registrarcall} on24.tL.2o23.

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\ .^gfr ,,u (IMTIAI ALI) PRESIDING OFFICER DRT-I' BENGALURU

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+ash*

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IN THE DEBTS RECOVERY TRIBUNAL.I, KARNATAKA AT BENGALURU

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Dated this the 22nd day of August 2023

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Present: Sri IMTIAZ ALI Presiding Officer

1,4,No,279/2023

o,A, No.t227 /2023

BETWEEN:

INDIAN BANK, Corporate Office: P.B. No.5555,254-260, Awai Shanmugam Salai, Rayapettah, Chennai-600 014, Tamilnadu State

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Branch:

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Vijajayapura, R.R. Katti Building, Shahapethi Main Road, Vijayapura, Karnataka-586 101 Represented by its Branch l4anager

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ANDI

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PETITIONER/ APPLICANT BANK

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Sri Danappa Shivalingappa Shende, S/o Sri Shivalingappa Shende, Residing at Dyaberi Post, Dyaberi, Vijayapura-586 112

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Sri curappa Rudrappa Kumbar, S/o Rudrappa Kumbar, Residing at Dyaberi^post, Dyaberi, Vuayapura-586 112

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RESPONDENTS,/ DEFENDANTS

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1.A.No.27912023ⁱⁿ O.A.No.1227l2023

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The Present OA is^filed by the Applicant^{Bank against} the Defendants for^{issuance of} recovery certificate^{and other} reliefs for recovery^{of a sumof} Rs.4!,L7,226.10^togetherwith interest, costs,^{charges, etc.}

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The above Interlocutory^{Application is filed by the} Applicant Bank with^{affidavitof its Branch ManagerSri Rant} Udgar Singh,^{seeking to pass an ex parte interim order} restraining Defendants^{from transferring, alienating or} otherwise dealing^{with, or disposing of the immovable} property without the^{prior permission of this Tribunal in the} interest of^{justiceand equity. In the affidavit,inter alia, it is} submitted that^{the Defendantsafter availingthe loan facility} from the Applicant^{Bank failed to repaythe loan amountand} now the Defendants^{are making hectic effortsto alienate the} schedule^{properties by misleading the intended purchasersby} suppressing the^{mortgage created in favour of the Applicant} Bank and the^{Defendants may create third-party intereston} the schedule^{property. The ApplicantBankapprehendsin such} an event, the^{Applicant Bank will be deprivedof its right} which will lead to^{multiplicityof proceedings' Hence, the} Applicant Bank^{has soughtto allow the presentI'A' as prayed} for.

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1.A.No.279/2023 in O.A.No.7227 /2023

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It appears that the Petitioner/Applicant Bank has filed the above I.A. on the premise that Defendants may alienate or dispose of in any way creating third-party interest on the schedule property. Considering the huge amount of O.A. involved in this case, and balance of convenience, the present IA is to be allowed by keeping open the merits of the case and without prejudice to the rights of both the parties. By doing so, no prejudice, no harm and no loss will be caused to the Defendants. As the Applicant Bank has prima faci! established the essential ingredients for granting ex parte ad interim order of injunction, I proceed to pass following:

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ORDER

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Defendants, their agents, representatives,

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assigns, etc., or any other person/s claiming under them are hereby restrained from dealing with, disposing of, selling, transferring, alienating, encumbering, parting with possession, creating third-party right(s), title, interest and claim of any nature whatsoever in any manner in respect of the schedule property, during the pendency of the OA.

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Issue summons and notices on I.A. to Defendants/Respondents by RPAD. Liberty is

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I'A.No'279/2023ⁱⁿ O.A.No.L227l2O23

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granted to Defendants to^aPPIY before this Tribunal cancellation of this for modification,^variationor

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order.

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SCHEDULE PROPERTY

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Atl that piece and^{parcel of agriculturalland property bearing} Sy.No.t7t/L 2 acres^{25 guntasand LB7/ 1 6 acres 09 guntas,} situated at Dyaberi Village,^Vijayapura.

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For compliance/steps/fufther^{proceedings before Registrarcall} on 24.tL.2O23.

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\ b|ro?' \rP (rMTrAZ\ALr) PRESIDING OFFICER DRT-I, BENGALURU

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rlash*

Indian Bank v. Danappa Shivalingappa Shende

Case brief

What is this about?

What did the court decide?

Indian Bank v. Danappa Shivalingappa Shende

Case brief

What is this about?

What did the court decide?

What the court decided

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