The Tribunal allowed an application filed by State Bank of India for recovery of ₹20,29,297.79 along with future interest from the borrower firm and the guarantor, deeming the claim proved beyond reasonable doubt.
Direction to pay ₹20,29,297.79 along with pendentelie and future interest, attachment of properties, and issuance of Recovery Certificate.
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.
OA 145 of 2022
Registered on:-13.04.2022
IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 145 of 2022
) )
STATE BANK OF INDIA , A Bank ) Established under the State Bank of India ) Act 1955, having it corporate Office at State ) Bank Bhavan, Madame Cama Road, Nariman) Point, Mumbai 400 021 and its Recovery ) branch amongst others at Stress Assets ) Recovery Branch, 6th Floor “The International”) Building 16 Maharishi Karve Marg, ) Churchgate, Mumbai - 400 020 Through its ) Authorized Officer Mr. S. T. Borde ) ... APPLICANT
Versus
2. JITENDRA DEEPAK THAKUR ) (Proprietor & Guarantor) having address) Flat No. 103 & 702, E- Wing, Mangeshi ) Dream City, Bhagirathi Nagar, ) Adharwadi Jail Road, Kalyan (West) ) 421 301 ) AND ALSO AT: House No. 7, Lok Vihar, Godhani Road)
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OA 145 of 2022
Near Anis Ahmad College, Godhani, ) Nagpur, Maharashtra 441 111 )
…DEFENDANTS
________________________________________________________________ Counsel for the Applicant : Advocate Salma Ghaswala i/b M/s. Ghaswala & Associates
Counsel for the Defendants: Ex-parte
J U D G M E N T
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OA 145 of 2022
Applicant and sanctioned the credit facility to the sum of Rs.50 Lakhs on 28.09.2017. The said facility was secured by exclusive first charge of hypothecation over stocks including goods in transit covered by the documents of the title purchase under EDFS Facility and receivable of the firm in favour of Applicant.
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OA 145 of 2022
O R D E R
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OA 145 of 2022
Copy of this order be sent to the parties as per rules.
File be consigned to record.
Place: Mumbai. (Dr. Rekha G. Dhakar) Date :12.10.2023 Presiding Officer, DRT-1, Mumbai.
Tjs/-
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1 issue framed by the court
Whether the creditor is entitled to recover the outstanding amount along with future interest from the borrower and the guarantor.
2 provisions across 2 enactments
STATE BANK OF INDIA
S M ENTERPRISES
JITENDRA DEEPAK THAKUR
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
