Allowed

State Bank of India v. Mr Ganesh Singh

DRT17 Apr 2023OA/178/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the Original Application filed by State Bank of India against Ganesh Singh for recovery of a loan default classified as NPA, directing the issuance of a recovery certificate for the principal amount, interest, and costs.

What did the court decide?

Recovery Certificate issued for Rs. 20,69,114.83 (adjusted for costs) and directed to Recovery Officer for realization under Section 25 and 28 of RDBFI Act, 1993 from Defendant's properties.

State Bank of India versus Mr Ganesh Singh — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 178 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. 178 OF 2022

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DATE OF DELIVERY OF ORDER 17.04.2023

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STATE BANK OF INDIA

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Branch Office at SARB, 3^rd floor, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

MR. GANESH SINGH

S/o Mr. Debu Ram R/o Village Sitarampura, Chom, Jaipur (Raj.) 303712

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……Defendant…..

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Counsel for the Applicant Bank Sh. Jhabar Swami Defendant Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 30.12.2021 for recovery of an amount of Rs 27,23,056 with pendentlite and future interest and cost.

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

OA No. 178 of 2022

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 Defendant.

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Defendant were proceeded ex parte on 22.08.2022.

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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/11 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 178 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 27,23,056/- (Rupees Twenty Seven Lac Twenty Three Thousand Fifty Six only) with future interest @ 10.60% p.a. (Simple) from 18.11.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged immovable properties – Khata No. 87, Khasra No. 45, Total Area 4.44 Hectares Part of Land 1181/3552, Proposed Area 1.47 Hectare, Khata No. 129, Khasra No. 660, 661, 662, 663, 664, 665, 666, 667, Total Area (in Hectares) 1.32, 2.10, 0.46, 0.43, 0.42, 2.41, 0.01, 0.12, Part of Land 1/12, Proposed Area 0.60 Hectare, Khata No. 35, Khasra No. 135 & 147, Total Area (in Hectares) 7.77 & 5.04, Part of Land 319/960, Proposed Area 4.26 Hectare, Khata No. 36, Khasra No. 28/2127, 36,2227, 145, 146, 148, 261, 262, 263, 264, 664/210 & 2 Total Area (in Hectares) 0.28, 0.08, 0.02, 0.06, 1.46, 0.01, 0.05, 0.52, 0.05, 0.06 Part of Land 1/3 Proposed

OA No. 178 of 2022

Area 0.86 Hectare, Total Area 7.19 Hectares as well as from the personal movable and immovable properties/assets of Defendant. 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 17.07.2023 .

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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

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Order pronounced in the open court today i.e. 17.04.2023 .

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

OA No. 178 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. 178 OF 2022

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DATE OF DELIVERY OF ORDER 17.04.2023

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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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STATE BANK OF INDIA

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Branch Office at SARB, 3^rd floor, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

MR. GANESH SINGH

S/o Mr. Debu Ram R/o Village Sitarampura, Chom, Jaipur (Raj.) 303712

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……Defendant…..

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Recovery Certificate for Rs. 20,69,114.83

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In terms of final order dated 17.04.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 27,23,056/- (Rupees Twenty Seven Lac Twenty Three Thousand Fifty Six only) with future interest @ 10.60% p.a. (Simple) from 18.11.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and

OA No. 178 of 2022

mortgaged immovable properties – Khata No. 87, Khasra No. 45, Total Area 4.44 Hectares Part of Land 1181/3552, Proposed Area 1.47 Hectare, Khata No. 129, Khasra No. 660, 661, 662, 663, 664, 665, 666, 667, Total Area (in Hectares) 1.32, 2.10, 0.46, 0.43, 0.42, 2.41, 0.01, 0.12, Part of Land 1/12, Proposed Area 0.60 Hectare, Khata No. 35, Khasra No. 135 & 147, Total Area (in Hectares) 7.77 & 5.04, Part of Land 319/960, Proposed Area 4.26 Hectare, Khata No. 36, Khasra No. 28/2127, 36,2227, 145, 146, 148, 261, 262, 263, 264, 664/210 & 2 Total Area (in Hectares) 0.28, 0.08, 0.02, 0.06, 1.46, 0.01, 0.05, 0.52, 0.05, 0.06 Part of Land 1/3 Proposed Area 0.86 Hectare, Total Area 7.19 Hectares as well as from the personal movable and immovable properties/assets of Defendant. 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. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 17.07.2023 .

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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 17.04.2023 .

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

OA No. 178 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. 178 OF 2022

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DATE OF DELIVERY OF ORDER 17.04.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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STATE BANK OF INDIA

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Branch Office at SARB, 3^rd floor, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

MR. GANESH SINGH

S/o Mr. Debu Ram R/o Village Sitarampura,

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Chom, Jaipur (Raj.) 303712

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	30,000.00
2	Process Fee (Inc. Publication)	39.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	31,289.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 178 of 2022

17.04.2023

Counsel: Sh. Jhabar Swami, Counsel for Applicant Bank Defendant is 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. 178 of 2022

17.04.2023

Counsel:

Sh. Jhabar Swami, Counsel for Applicant Bank Defendant is ex parte

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The Tribunal vide order dated 17.04.2023 , 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 17.04.2023 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. 178 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 178 of 2022

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The Recovery Certificate prepared in compliance of order dated 17.04.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 178 of 2022 Title State Bank of India Vs. Ganesh Singh 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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State Bank of India v. Mr Ganesh Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mr Ganesh Singh

Case brief

What is this about?

What did the court decide?

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