Allowed

Icici Bank Limited v. Laxman Ram Choudhary

DRT13 Feb 2023OA/126/2022

Case brief

AI extract

What is this about?

In an ex parte hearing, the Tribunal allowed the application filed by ICICI Bank Ltd. for recovery of Rs. 41,36,464.00 along with interest from the three respondents. The court held the respondents jointly liable and issued a recovery certificate permitting recovery through sale of mortgaged properties and personal assets under the RDBFI Act.

What did the court decide?

Recovery certificate issued for Rs. 41,36,464 with interest at 12% p.a., allowing recovery from mortgaged land and personal assets of respondents.

Icici Bank Limited versus Laxman Ram Choudhary — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 126 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. 126 OF 2022

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DATE OF DELIVERY OF ORDER 13.02.2023

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ICICI BANK LTD.

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Branch Office – JSEL Building, 3^rd Floor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. LAXMAN RAM CHOUDHARY,

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S/o Ramu Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar,

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Tehsil – Osian, Jodhpur, Rajasthan - 342312

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2. HIRA RAM

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S/o Ramu Ram Choudhary

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Add – Kasva Ki Dhaniyan, Village – Poonasar,

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Tehsil – Osian, Jodhpur, Rajasthan – 342312

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3. KAMLA

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W/o Laxman Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar, Tehsil – Osian, Jodhpur, Rajasthan – 342312

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……Defendants…..

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Counsel for the Applicant Bank Shri Gopesh Kumbhaj Defendants Ex parte

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Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 10.01.2022 for recovery of an amount of Rs 41,36,464.00 with pendentlite and future interest and cost.

OA No. 126 of 2022

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

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Defendants was proceeded ex parte on 28.09.2022.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/7 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally 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. 126 of 2022 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 41,36,464/(Rupees Forty One Lac Thirty Six Thousand Four Hundred Sixty Four only) with future interest @ 12% p.a. (Simple) from 10.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – Land Measuring 130.12 Bigha in Village-Poonasar, Tehsil Osian, Dist. Jodhpur with Khasra/Survey Nos. 1407 with crops cotton, cumin, Rayada, Groundnut having source of irrigation as tubewell as well as from personal movable and immovable properties/assets of Defendants. 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.

OA No. 126 of 2022

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 15.05.2023 .

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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 Order pronounced in the open court today i.e. 13.02.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 126 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. 126 OF 2022

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DATE OF DELIVERY OF ORDER 13.02.2023

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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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ICICI BANK LTD.

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Branch Office – JSEL Building, 3^rd Floor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. LAXMAN RAM CHOUDHARY,

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S/o Ramu Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar, Tehsil – Osian, Jodhpur, Rajasthan - 342312

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2. HIRA RAM

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S/o Ramu Ram Choudhary

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Add – Kasva Ki Dhaniyan, Village – Poonasar, Tehsil – Osian, Jodhpur, Rajasthan – 342312

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3. KAMLA

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W/o Laxman Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar, Tehsil – Osian, Jodhpur, Rajasthan – 342312

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……Defendants…..

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Recovery Certificate for Rs. 41,36,464/-

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In terms of final order dated 13.02.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 41,36,464/(Rupees Forty One Lac Thirty Six Thousand Four Hundred Sixty Four only) with future interest @ 12% p.a. (Simple) from 10.01.2022 till the date of realization.

OA No. 126 of 2022

b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – Land Measuring 130.12 Bigha in Village-Poonasar, Tehsil Osian, Dist. Jodhpur with Khasra/Survey Nos. 1407 with crops cotton, cumin, Rayada, Groundnut having source of irrigation as tubewell as well as from personal movable and immovable properties/assets of Defendants. 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 15.05.2023 .

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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 13.02.2023 .

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

OA No. 126 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. 126 OF 2022

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DATE OF DELIVERY OF ORDER 13.02.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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ICICI BANK LTD.

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Branch Office – JSEL Building, 3^rd Floor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. LAXMAN RAM CHOUDHARY,

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S/o Ramu Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar,

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Tehsil – Osian, Jodhpur, Rajasthan - 342312

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2. HIRA RAM

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S/o Ramu Ram Choudhary

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Add – Kasva Ki Dhaniyan, Village – Poonasar,

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Tehsil – Osian, Jodhpur, Rajasthan – 342312

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3. KAMLA

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W/o Laxman Ram Choudhary,

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Add – Kasva Ki Dhaniyan, Village – Poonasar, Tehsil – Osian, Jodhpur, Rajasthan – 342312

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	44,000.00
2	Process Fee (Inc. Publication)	NIL
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	45,250.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 126 of 2022

13.02.2023

Counsel:

Sh. GOPESH KUMBHAJ, Counsel for the Applicant Bank Defendants are 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. 126 of 2022

13.02.2023

Counsel:

Sh. GOPESH KUMBHAJ, Counsel for the Applicant Bank Defendants are ex parte

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The Tribunal vide order dated 13.02.2023 , 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 13.02.2023 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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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 126 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 126 of 2022

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The Recovery Certificate prepisd in compliance of order dated 13.02.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 126 of 2022 Title ICICI Bank Ltd. Vs Laxman Ram & Ors. 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

OA No. 126 of 2022

Icici Bank Limited v. Laxman Ram Choudhary

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Laxman Ram Choudhary

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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