Allowed

State Bank of India v. Ms Ghanshyam Anjana

DRT1 May 2023OA/1288/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed a joint application by the State Bank of India and borrowers for a consent decree and recovery certificate following a compromise settlement, defining terms, costs, and tasked the Recovery Officer with realization of dues.

What did the court decide?

Issuance of Consent Decree and Recovery Certificate; direction to Recovery Officer to realize amount under Section 25 and 28; memorandum of costs.

State Bank of India versus Ms Ghanshyam Anjana — Execution and Attachment | DRT (2023)

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FORM NO. 9 [See Regulation-24(1)]

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DEBTS RECOVERY TRIBUNAL JAIPUR RECOVERY CERTIFICATE

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UNDER SUB-SECTION 22 OF SECTION 19 OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTION ACT, 1993 AS AMENDED FROM TIME TO TIME

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O.A No.1288/2022

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DATE OF DELIVERY OF ORDER 01.05.2023

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STATE BANK OF INDIA,

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Branch Office – Branch at SARB, Matrix Mall,

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Jawahar Nagar, Jaipur, through its Chief Manager

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Applicant Bank

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Versus

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1. M/S GHANSYAM ANJANA

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A proprietorship firm through its Proprietor Shri Ghanshyam

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Anjana, having Registered Office at Gandhi Chauraha, Near

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Nagar Palika, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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2. SHRI GHANSYAM ANJANA

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S/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti

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Sadri, District- Pratapgarh, Rajasthan – 312604

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3. SHRI GOVERDHAN LAL ANJANA (DECEASED)

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S/o Late Shri Prithviraj Anjana

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through his legal heirs

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i) Smt. Shyamu Bai (Wife)

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ii) Ms. Raju Kanwar (Daughter)

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iii) Ms. Sangeeta Kanwar (Daughter)

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iv) Ms. Saroj Kanwar (Daughter)

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v) Ms. Krishna Kanwar (Daughter)

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All R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti

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Sadri, District- Pratapgarh, Rajasthan – 312604

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4. SMT. KAMLA BAI

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W/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti

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Sadri, District- Pratapgarh, Rajasthan – 312604

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5. SHRI HEERA LAL ANJANA

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S/o Late Shri Prithviraj Anjana

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ss*

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OA No.1288 of 2022

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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6. SHRI PARASHRAM ANJANA

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S/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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Defendants

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The Applicant Bank and Defendants have filed joint I.A. no.520/2023 in O.A. no. 1288/2022 and stated that settlement has been arrived between the parties and prayed therein for issuance of a consent decree. The I.A. is allowed.

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As per terms and conditions of copy of Sanction Letter dt. 23.01.2023 (Annexure-IA/1), enclosed with this IA, a compromise settlement has been arrived between the parties for a sum of Rs. 3,94,60,000. In view of the settlement acceptance letter dt. 23.01.2023 the Defendant has deposited Rs. 59,19,000/- as upfront amount of the compromise proposal and the Defendant has undertaken to deposit the remaining amount as per terms and conditions of the settlement acceptance letter dt. 23.01.2023.

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i) that in case the Defendant fail to remit/pay the full payment of the compromise amount in the manner and within the time schedule stipulated as mentioned in the compromise settlement letter 23.01.2023, the compromise settlement will be treated as failed and take all appropriate/necessary measures & actions for recovery of total dues from the stage at which present action is deferred, applicant will be free to initiate legal actions in applicable legal forums. The entire liability as afore-stated will be and Bank will be at liberty to recover its entire dues along with interest at contractual rate with provisions for penal/enhanced interest as per the loan agreements/ arrangement letter besides sale of the mortgaged immovable properties. That in view of the above by way of the present joint application all the parties to the OA prays that a consent decree be passed and a Consent Recovery Certificate may please be issued in favour of the Applicant Bank more particularly with a default clause as mentioned herein.

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OA No.1288 of 2022

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ii) that without prejudice to the rights and contentions of the parties in the pending Original Application by way of amicable/compromise/settlement the Defendant i.e. the borrower has willfully accepted and acknowledged the terms & conditions of the Sanction Letter dated 23.01.2023 issued by the Applicant Bank. It is further agreed between the Applicant Bank and the Defendants that the decision of the Applicant Bank shall be final and binding as to the default within the meaning of this settlement is committed or not. The Applicant Bank shall have the authority at its absolute discretion to waive and/or condone the default at the stipulated terms. The Defendants undertakes not to sell, alienate or create third party interest of their properties during the payment of One Time Settlement amount without the written permission of the Applicant Bank.

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iii) that the Applicant Bank and Defendants agrees that the terms and conditions mentioned hereinabove are final and binding on the parties. The order passed by this Hon’ble Tribunal on consent shall supersede all prior correspondence between the Applicant Bank and the Defendants. That it is in the interest of justice it will be appropriate that the Original Application be decided in terms of the terms of the Letter dated 23.01.2023, and compromise agreed & arrived at between the parties and the same be made part and parcel for issuance of a Consent Decree and recovery certificate in favour of the Applicant Bank.

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The applicant bank is also directed to file the revised statement of account before the Ld. Recovery Officer of this Tribunal.

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The Certificate Debtors hereinafter referred to as:-

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Certificate	SHRI GHANSYA	M ANJANA
Debtor No. 1	S/o Late Shri Prit R/o Chotti Sad Gurukul,Chotti Rajasthan -3126	hviraj Anjana ri to Nimbaheda Sadri, District- 04	Road, Near Pratapgarh,
Certificate	SHRI GHANSYA	M ANJANA
Debtor No. 2	S/o Late Shri Prit	hviraj Anjana
	R/o Chotti Sad	ri to Nimbaheda	Road, Near
	Gurukul,Chotti	Sadri, District-	Pratapgarh,

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¶55

OA No.1288 of 2022

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Certificate Debtor No. 3	Rajasthan -312604 SHRI GOVERDHAN LAL ANJANA (DE S/o Late Shri Prithviraj Anjana through his legal heirs i)Smt. Shyamu Bai (Wife) ii)Ms. Raju Kanwar (Daughter) iii)Ms. Sangeeta Kanwar (Daught iv)Ms. Saroj Kanwar (Daughter) v)Ms. Krishna Kanwar (Daughter All R/o Chotti Sadri to Nimb	CEASED) er) ) aheda Road,
	Near Gurukul, Chotti Sad	ri, District-
	Pratapgarh, Rajasthan – 312604
Certificate Debtor No. 4	SMT. KAMLA BAI W/o Late Shri Prithviraj Anjana
	R/o Chotti Sadri to Nimbaheda	Road, Near
	Gurukul, Chotti Sadri, District- Rajasthan – 312604	Pratapgarh,
Certificate Debtor No. 5	SHRI HEERA LAL ANJANA S/o Late Shri Prithviraj Anjana
	R/o Chotti Sadri to Nimbaheda	Road, Near
	Gurukul, Chotti Sadri, District-	Pratapgarh,
	Rajasthan – 312604
Certificate Debtor No. 6	SHRI PARASHRAM ANJANA S/o Late Shri Prithviraj Anjana
	R/o Chotti Sadri to Nimbaheda	Road, Near
	Gurukul, Chotti Sadri, District- Rajasthan – 312604	Pratapgarh,

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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 Debtors.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 01.05.2023.

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(Vivek Saxena) PRESIDING OFFICER, Place : Jaipur DRT-Jaipur

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OA No.1288 of 2022

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FORM NO. 10 [See Regulation-24(1)]

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DEBTS RECOVERY TRIBUNAL JAIPUR

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SCHEDULED TO RECOVERY CERTIFICATE MEMO OF COST

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O.A No.1288/2022

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STATE BANK OF INDIA,

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Branch Office – Branch at SARB, Matrix Mall,

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Jawahar Nagar, Jaipur, through its Chief Manager

¶71

Applicant Bank

¶72

Versus

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1. M/S GHANSYAM ANJANA

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A proprietorship firm through its Proprietor Shri Ghanshyam Anjana, having Registered Office at Gandhi Chauraha, Near Nagar Palika, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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2. SHRI GHANSYAM ANJANA

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S/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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3. SHRI GOVERDHAN LAL ANJANA (DECEASED)

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S/o Late Shri Prithviraj Anjana

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through his legal heirs

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1. Smt. Shyamu Bai (Wife)

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1. Ms. Raju Kanwar (Daughter)

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1. Ms. Sangeeta Kanwar (Daughter)

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1. Ms. Saroj Kanwar (Daughter)

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1. Ms. Krishna Kanwar (Daughter)

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All R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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4. SMT. KAMLA BAI

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W/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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5. SHRI HEERA LAL ANJANA

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S/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti

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Sadri, District- Pratapgarh, Rajasthan – 312604

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6. SHRI PARASHRAM ANJANA

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OA No.1288 of 2022

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S/o Late Shri Prithviraj Anjana

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R/o Chotti Sadri to Nimbaheda Road, Near Gurukul, Chotti Sadri, District- Pratapgarh, Rajasthan – 312604

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Defendants

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Sr. No.	Item of Costs	Amount in Rupees
1.	Fee onthe application	1,50,000
2.	ProcessFees (Inc. Publication)	--
3.	AdvocateFees	1,250
4.	Commissioner/Receivers/Valuation/SecurityFee	NIL
5.	Miscellaneous Charges	NIL
	Total Costs	1,51,250

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Place : Jaipur Date : 01.05.2023

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(VivekSaxena) PRESIDING OFFICER DRT-Jaipur

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State Bank of India v. Ms Ghanshyam Anjana

Case brief

What is this about?

What did the court decide?

State Bank of India v. Ms Ghanshyam Anjana

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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