Allowed

Hdfc Bank v. Mrs Durga Suthar

DRT15 Mar 2023OA/151/2022

Case brief

AI extract

What is this about?

The DRT allowed the bank's application for recovery of Rs. 66 lakhs with interest, declaring defendants jointly and severally liable and ordering issuance of a recovery certificate based on supplied documents without a contested hearing.

What did the court decide?

Debt of Rs. 66,03,074.70 with 8.61% interest; recovery via sale of hypothecated vehicles and personal assets; issuance of Recovery Certificate; costs awarded.

Hdfc Bank versus Mrs Durga Suthar — Contract and Commercial Disputes | DRT (2023)

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“ORIGINALAPPLICATION” No. 151 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. 151 OF 2022

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DATE OF DELIVERY OF ORDER 15.03.2023

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HDFC BANK LTD.

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Branch Office – 4^th Floor, Time Square Building,

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Central Spine, Vidhyadhar Nagar, Jaipur – 302023, Rajasthan

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…..Applicant Bank…..

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VERSUS

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1. MRS. DURGA SUTHAR

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W/o Dakhu Lal Suthar,

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R/o 20, Nakoda Nagar, 1^st , Dhau Ji Ki Bawri, Pratap Nagar, Bedwas, Udaipur, Raj- 313024

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2. MR. MUKESH SUTHAR

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S/o Mr. Tulsi Ram Suthar

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R/o Vishan Pura Sutharo Ka Mohalla,

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Udaipur, Raj-313203, Rajasthan

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……Defendants…..

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Counsel for the Applicant Bank Sh. Mukesh Chand Sharma

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Defendants Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 18.01.2022 for recovery of an amount of Rs 66,03,074.70 with pendentlite and future interest and cost.

OA No. 151 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 proceeded ex parte on 29.11.2022..

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Heard arguments and perused the record.

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6 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 and 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. 151 of 2022 is allowed declaring that:-

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a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 66,03,074.70 (Rupees Sixty Six Lac Three Thousand Seventy Four and Seventy Paisa Only) with future interest @ 8.61% p.a. (Simple) from 18.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of following hypothecated vehicles –

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COMMERCIAL VEHICLE – BHARAT BENZ 4928T, Chassis No. MEC2817CCJP058893, Engine No. 400953D0058699 and Reg. No. : RJ27GC6853

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COMMERCIAL VEHICLE – BHARAT BENZ – BODY

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COMMERCIAL VEHICLE – BHARAT BENZ – BODY

OA No. 151 of 2022

COMMERCIAL VEHICLE – BHARAT BENZ 4928T, Chassis No. MEC2817CCJP058824, Engine No. 400953D0058658 and Reg. No. : RJ27GC6854

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as well as from the 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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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 15.06.2023 .

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10 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. 15.03.2023 .

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

OA No. 151 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. 151 OF 2022

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DATE OF DELIVERY OF ORDER 15.03.2023

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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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HDFC BANK LTD.

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Branch Office – 4^th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur – 302023, Rajasthan

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…..Applicant Bank…..

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VERSUS

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1. MRS. DURGA SUTHAR

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W/o Dakhu Lal Suthar,

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R/o 20, Nakoda Nagar, 1^st , Dhau Ji Ki Bawri, Pratap Nagar, Bedwas, Udaipur, Raj- 313024

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2. MR. MUKESH SUTHAR

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S/o Mr. Tulsi Ram Suthar

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R/o Vishan Pura Sutharo Ka Mohalla,

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Udaipur, Raj-313203, Rajasthan

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……Defendants…..

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Recovery Certificate for Rs. 66,03,074.70

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In terms of final order dated 15.03.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 66,03,074.70 (Rupees Sixty Six Lac Three Thousand Seventy Four and Seventy Paisa Only) with future interest @

OA No. 151 of 2022

8.61% p.a. (Simple) from 18.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of following hypothecated vehicles –

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COMMERCIAL VEHICLE – BHARAT BENZ 4928T, Chassis No. MEC2817CCJP058893, Engine No. 400953D0058699 and Reg. No. : RJ27GC6853

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COMMERCIAL VEHICLE – BHARAT BENZ – BODY

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COMMERCIAL VEHICLE – BHARAT BENZ – BODY

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COMMERCIAL VEHICLE – BHARAT BENZ 4928T, Chassis No. MEC2817CCJP058824, Engine No. 400953D0058658 and Reg. No. : RJ27GC6854

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as well as from the 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 15.06.2023 .

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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 15.03.2023 .

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

OA No. 151 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. 151 OF 2022

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DATE OF DELIVERY OF ORDER 15.03.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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HDFC BANK LTD.

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Branch Office – 4^th Floor, Time Square Building,

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Central Spine, Vidhyadhar Nagar, Jaipur – 302023, Rajasthan

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…..Applicant Bank….

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VERSUS

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1. MRS. DURGA SUTHAR

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W/o Dakhu Lal Suthar,

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R/o 20, Nakoda Nagar, 1^st , Dhau Ji Ki Bawri,

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Pratap Nagar, Bedwas, Udaipur, Raj- 313024

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2. MR. MUKESH SUTHAR

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S/o Mr. Tulsi Ram Suthar

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R/o Vishan Pura Sutharo Ka Mohalla, Udaipur, Raj-313203, Rajasthan

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	69,000.00
2	Process Fee (Inc. Publication)	180.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	70,430.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 151 of 2022

15.03.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for 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. 151 of 2022

15.03.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for Applicant Bank Defendants are ex parte

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The Tribunal vide order dated 15.03.2023 , 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 15.03.2023 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. 151 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 151 of 2022

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The Recovery Certificate prepisd in compliance of order dated 15.03.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 151 of 2022 Title HDFC Bank Ltd. Vs Mrs. Durga Suthar & Anr. 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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Hdfc Bank v. Mrs Durga Suthar

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Mrs Durga Suthar

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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