Allowed

Icici Bank Limited v. M/S D.M. Construction Company

DRT4 Mar 2023OA/180/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by a bank for recovery of dues. The court held defendants jointly and severally liable to pay a sum with interest and directed issuance of a Recovery Certificate. Proceeds can be recovered from hypothecated vehicles and other assets.

What did the court decide?

Deklaration that defendants are jointly and severally liable to pay Rs. 52,33,336 with 9.01% future interest; recovery via sale of vehicles and properties.

Icici Bank Limited versus M/S D.M. Construction Company — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 180 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. 180 OF 2022

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DATE OF DELIVERY OF ORDER 04.03.2023

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ICICI BANK LTD.

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Branch Office – JSEL Building, 3^rd Floor, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

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…..Applicant Bank…..

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VERSUS

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1. M/S D.M. CONSTRUCTION COMPANY

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through its proprietor Ms. Munni Choudhary,

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having its Registered Office near PHED Water tank,

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Baldev Nagar, Barmer – 344001, Rajasthan

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2. MS. MUNNI CHOUDHARY

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W/o Sh. Dinesh Kumar

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R/o Daukiyo Ki Dhani Bhurtiya,

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Barmer, Near Government School,

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Barmer = 344035

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3. MR. DINESH KUMAR

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S/o Shri Dungara Ram

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R/o Daukiyo Ki Dhani Bhurtiya, Barmer, Near Government School, Barmer = 344035

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Barmer, Near Government School,

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……Defendants…..

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Counsel for the Applicant Bank Sh. Mukesh Chand Sharma Defendants Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 23.12.2021 for recovery of an

OA No. 180 of 2022

amount of Rs 52,33,336/-- with pendentlite and future interest and cost.

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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 were proceeded ex parte on 23.11.2022.

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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/10 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. 180 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. 52,33,336 (Rupees Fifty Two Lac Thirty Three Thousand Three Hundred Thirty Six only) with future interest @ 9.01% p.a. (Simple) from 23.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated vehicles – 1) TATA LPK 2518/Fully Built Reg. No. RJ04GB6616, 2) TATA LPK 2518/Fully Built Reg. No. RJ04GB6615, 3) TATA LPK 2518/Fully Built Reg. No. RJ04GB6618 & 4) TATA LPK 2518/Fully Built RJ04GB6614 as well as from the personal movable

OA No. 180 of 2022

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 04.06.2023 .

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

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Order pronounced in the open court today i.e. 04.03.2023 .

OA No. 180 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. 180 OF 2022

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DATE OF DELIVERY OF ORDER 04.03.2023

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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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ICICI BANK LTD.

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Branch Office – JSEL Building, 3^rd Floor, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

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…..Applicant Bank…..

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VERSUS

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1. M/S D.M. CONSTRUCTION COMPANY

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through its proprietor Ms. Munni Choudhary, having its Registered Office near PHED Water tank, Baldev Nagar, Barmer – 344001, Rajasthan

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2. MS. MUNNI CHOUDHARY

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W/o Sh. Dinesh Kumar

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R/o Daukiyo Ki Dhani Bhurtiya,

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Barmer, Near Government School,

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Barmer = 344035

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3. MR. DINESH KUMAR

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S/o Shri Dungara Ram

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R/o Daukiyo Ki Dhani Bhurtiya,

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Barmer, Near Government School, Barmer = 344035

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……Defendants…..

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Recovery Certificate for Rs. 52,33,336/-/-

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In terms of final order dated 04.03.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 52,33,336 (Rupees Fifty Two Lac Thirty Three Thousand Three Hundred Thirty Six only) with future interest @

OA No. 180 of 2022

9.01% p.a. (Simple) from 23.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated vehicles – 1) TATA LPK 2518/Fully Built Reg. No. RJ04GB6616, 2) TATA LPK 2518/Fully Built Reg. No. RJ04GB6615, 3) TATA LPK 2518/Fully Built Reg. No. RJ04GB6618 & 4) TATA LPK 2518/Fully Built RJ04GB6614 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 04.06.2023 .

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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 04.03.2023 .

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

OA No. 180 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. 180 OF 2022

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DATE OF DELIVERY OF ORDER 04.03.2023

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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, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

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…..Applicant Bank…..

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VERSUS

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1. M/S D.M. CONSTRUCTION COMPANY

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through its proprietor Ms. Munni Choudhary,

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having its Registered Office near PHED Water tank,

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Baldev Nagar, Barmer – 344001, Rajasthan

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2. MS. MUNNI CHOUDHARY

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W/o Sh. Dinesh Kumar

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R/o Daukiyo Ki Dhani Bhurtiya,

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Barmer, Near Government School,

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Barmer = 344035

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3. MR. DINESH KUMAR

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S/o Shri Dungara Ram R/o Daukiyo Ki Dhani Bhurtiya,

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Barmer, Near Government School,

Barmer = 344035

……Defendants…..

OA No. 180 of 2022

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	55,000.00
2	Process Fee (Inc. Publication)	585.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	56,835.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 180 of 2022

04.03.2023

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. 180 of 2022

04.03.2023

Counsel:

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

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The Tribunal vide order dated 04.03.2023 , 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 04.03.2023 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. 180 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 180 of 2022

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The Recovery Certificate prepisd in compliance of order dated 04.03.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 180 of 2022 Title ICICI Bank Limited Vs M/s D.M. Construction Company & 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

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Icici Bank Limited v. M/S D.M. Construction Company

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. M/S D.M. Construction Company

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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