Allowed

Hdfc Bank v. A.K Shikshan Shodh Evam Vikas Sansthan

DRT26 Apr 2023OA/194/2022

Case brief

AI extract

What is this about?

HDFC Bank filed an original application for recovery of dues against the respondents, alleging a defaulted loan. The Tribunal allowed the application, declaring the respondents jointly and severally liable to pay the outstanding sum with interest and directing the issuance of a recovery certificate.

What did the court decide?

Allowed the original application, declared respondents jointly and severally liable to pay Rs. 1,98,97,118/- with interest, and directed issuance of recovery certificate.

Hdfc Bank versus A.K Shikshan Shodh Evam Vikas Sansthan — Banking and Recovery | DRT (2023)

¶1

“ORIGINALAPPLICATION” No. 194 of 2022

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

¶3

PRESIDING OFFICER

¶4

O.A. NO. 194 OF 2022

¶5

DATE OF DELIVERY OF ORDER 26.04.2023

¶6

HDFC BANK LIMITED

¶7

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

¶8

…..Applicant Bank…..

¶9

VERSUS

¶10

1. A.K. SHIKSHAN SHODH EVAM VIKAS SANSTHAN Registered Office at Nanad Kishore Sharda Nagar Behind DPS School Pal Ganv Jodhpur – 342001, Rajasthan through its Secretary Mr. Anda Ram Seervi.

¶11

2. MR. ANADA RAM SEERVI

¶12

S/o Mr. Mangla Ram Seervi,

¶13

R/o Nanad Kishore Sharda Nagar, Behind DPS School, Pal Ganv, Jodhpur – 342001, Rajasthan

¶14

3. MRS. CHAMPA DEVI

¶15

W/o Mr. Anada Ram,

¶16

R/o Nanad Kishore Sharda Nagar, Behind DPS School, Pal Ganv, Jodhpur – 342001, Rajasthan

¶17

……Defendants…..

¶18

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

OA No. 194 of 2022

JUDGMENT

This Original Application was filed by Applicant Bank against Defendants on 19.01.2022 for recovery of an amount of Rs 1,98,97,118/- with pendentlite and future interest and cost.

¶24

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.

¶25

Defendants were proceeded ex parte on 26.08.2022.

¶26

Heard arguments and perused the record.

¶27

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/13 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.

¶28

In the result, this O.A. No. 194 of 2022 is allowed declaring that:-

¶29

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,98,97,118/(Rupees One Crore Ninety Eight Lac Ninety Seven Thousand One Hundred Eighteen only) with future interest @ 8.62% 8.94%%, 9%, 9.51% and 9.85% p.a. (Simple) from 19.01.2022 till the date of realization.

¶30

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

¶31

Loan Account No. Financed Commercial Vehicle/ Commercial Equipment Retail

OA No. 194 of 2022

9171605	COMMERCIAL VEHICLE-
	Product: LIGHT COMMERCIAL VEHICLE
	Model: EICHER PRO 3008 SOPLUSI STR
	Chassis No. MC2PIHRTOKA427703 Engine No. E424CDKA258858
	Regn. No.: RJ22PA4990
9171606	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE Model: EICHER PRO 3008 Chassis No. MC2P1HRTOHG377898 Engine No. E424CDHG155152
	Regn. No.: RJ22PA4602
9171592	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171598	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171602	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171609	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171604	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171593	LIGHT COMMERCIAL VEHICLE-
	Model: EICHER 10.75 H 40PLUSIS BUS
	Chassis No. MC2ASERTOKA431273
	Engine No. E414COKC273357

OA No. 194 of 2022

Regn. No, RJ22PA4991 9171601 COMMERCIAL VEHICLEModel: EICHER 10.75 H 40PLUSIS BUS Chassis No. MC2ASHRTOKC438955 Engine No. E414CDKC278179 Regn. No, RJ22PA-4988 9171612 LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 H 40PLUSIS BUS Chassis No. MC2A HRT0KC435705 Engine No. E414CDKC273330 Regn. No. RJ22PA4993 9171610 LIGHT COMMERCIAL VEHICLE Product: LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5ERT0KA431284 Engine No. E414CDKA264388 Regn. No. RJ22PA4992 9171597 LIGHT COMMERCIAL VEHICLE - Product: LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 SCHOOL BUS Chassis No. MC2A5ERT0KA431273 Engine No. E414CDKA264468 Regn. No. RJ22PA 4991 9171584 COMMERCIAL VEHICLE - Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395978 Engine No. E414CDJB193914 Regn. No. RJ22PA4608 9171588 COMMERCIAL VEHICLE - Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395829 Engine No. E414CDJB192559 Regn. No. RJ22PA4607 9171595 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JA390960 Engine No. E414CDHM181278 Regn. No. RJ22PA4603 9171600 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395831 Engine No. E414CDJB192493 Regn. No. RJ22PA4604 9171589 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS

OA No. 194 of 2022

Chassis No. MC2A5HRT0JB395870 Engine No. E414CDJB192597 Regn. No. RJ22PA4606 9171594 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395977 Engine No. E414CDJB193630 Regn. No. RJ22PA4605

¶44

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.

¶45

c) The applicant bank is entitled to the costs of the O.A.

¶46

The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶47

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 26.07.2023 .

¶48

Prepare Recovery Certificate accordingly.

¶49

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.

¶50

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

¶51

Order pronounced in the open court today i.e. 26.04.2023 .

¶52

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

OA No. 194 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

¶57

PRESIDING OFFICER

¶58

O.A. NO. 194 OF 2022

¶59

DATE OF DELIVERY OF ORDER 26.04.2023

¶60

RECOVERY CERTIFICATE

¶61

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

¶62

HDFC BANK LIMITED

¶63

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

¶64

…..Applicant Bank…..

¶65

VERSUS

¶66

1. A.K. SHIKSHAN SHODH EVAM VIKAS SANSTHAN Registered Office at Nanad Kishore Sharda Nagar Behind DPS School Pal Ganv Jodhpur – 342001, Rajasthan

¶67

through its Secretary Mr. Anda Ram Seervi.

¶68

2. MR. ANADA RAM SEERVI

¶69

S/o Mr. Mangla Ram Seervi,

¶70

R/o Nanad Kishore Sharda Nagar, Behind DPS

¶71

School, Pal Ganv, Jodhpur – 342001, Rajasthan

¶72

3. MRS. CHAMPA DEVI

¶73

W/o Mr. Anada Ram,

¶74

R/o Nanad Kishore Sharda Nagar, Behind DPS School, Pal Ganv, Jodhpur – 342001, Rajasthan

¶75

……Defendants…..

¶76

Recovery Certificate for Rs. 1,98,97,118/-

¶77

In terms of final order dated 26.04.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

OA No. 194 of 2022

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,98,97,118/(Rupees One Crore Ninety Eight Lac Ninety Seven Thousand One Hundred Eighteen only) with future interest @ 8.62% 8.94%%, 9%, 9.51% and 9.85% p.a. (Simple) from 19.01.2022 till the date of realization.

¶82

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

¶83

a)Loan Account No.	Financed Commercial Vehicle/
	Commercial Equipment Retail
9171605	COMMERCIAL VEHICLE-
	Product: LIGHT COMMERCIAL
	VEHICLE
	Model: EICHER PRO 3008 SOPLUSI STR
	Chassis No. MC2PIHRTOKA427703
	Engine No. E424CDKA258858
	Regn. No.: RJ22PA4990
9171606	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: EICHER PRO 3008
	Chassis No. MC2P1HRTOHG377898
	Engine No. E424CDHG155152
	Regn. No.: RJ22PA4602
9171592	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171598	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171602	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA
	Engine No. NA
	Regn. No. NA
9171609	COMMERCIAL VEHICLE-
	Product: COMMERCIAL VEHICLE
	Model: NA
	Chassis No. NA

OA No. 194 of 2022

Engine No. NA Regn. No. NA 9171604 COMMERCIAL VEHICLEProduct: COMMERCIAL VEHICLE Model: NA Chassis No. NA Engine No. NA Regn. No. NA 9171593 LIGHT COMMERCIAL VEHICLEModel: EICHER 10.75 H 40PLUSIS BUS Chassis No. MC2ASERTOKA431273 Engine No. E414COKC273357 Regn. No, RJ22PA4991 9171601 COMMERCIAL VEHICLEModel: EICHER 10.75 H 40PLUSIS BUS Chassis No. MC2ASHRTOKC438955 Engine No. E414CDKC278179 Regn. No, RJ22PA-4988 9171612 LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 H 40PLUSIS BUS Chassis No. MC2A HRT0KC435705 Engine No. E414CDKC273330 Regn. No. RJ22PA4993 9171610 LIGHT COMMERCIAL VEHICLE Product: LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5ERT0KA431284 Engine No. E414CDKA264388 Regn. No. RJ22PA4992 9171597 LIGHT COMMERCIAL VEHICLE - Product: LIGHT COMMERCIAL VEHICLE Model: EICHER 10.75 SCHOOL BUS Chassis No. MC2A5ERT0KA431273 Engine No. E414CDKA264468 Regn. No. RJ22PA 4991 9171584 COMMERCIAL VEHICLE - Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395978 Engine No. E414CDJB193914 Regn. No. RJ22PA4608 9171588 COMMERCIAL VEHICLE - Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395829 Engine No. E414CDJB192559 Regn. No. RJ22PA4607 9171595 COMMERCIAL VEHICLE-

OA No. 194 of 2022

Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JA390960 Engine No. E414CDHM181278 Regn. No. RJ22PA4603 9171600 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395831 Engine No. E414CDJB192493 Regn. No. RJ22PA4604 9171589 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395870 Engine No. E414CDJB192597 Regn. No. RJ22PA4606 9171594 COMMERCIAL VEHICLE- Product: COMMERCIAL VEHICLE Model: EICHER 10.75 BUS Chassis No. MC2A5HRT0JB395977 Engine No. E414CDJB193630 Regn. No. RJ22PA4605

¶92

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.

¶93

d) The applicant bank is entitled to the costs of the O.A.

¶94

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 26.07.2023 .

¶95

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.

¶96

This Certificate has been issued under my signatures and seal of the Tribunal on this 26.04.2023 .

¶97

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

OA No. 194 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

¶102

PRESIDING OFFICER

¶103

O.A. NO. 194 OF 2022

¶104

DATE OF DELIVERY OF ORDER 26.04.2023

¶105

SCHEDULE TO RECOVERY CERTIFICATE

¶106

MEMO OF COST

¶107

HDFC BANK LIMITED

¶108

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

¶109

…..Applicant Bank…..

¶110

VERSUS

¶111

1. A.K. SHIKSHAN SHODH EVAM VIKAS SANSTHAN Registered Office at Nanad Kishore Sharda Nagar Behind DPS School Pal Ganv Jodhpur – 342001, Rajasthan through its Secretary Mr. Anda Ram Seervi.

¶112

2. MR. ANADA RAM SEERVI

¶113

S/o Mr. Mangla Ram Seervi,

¶114

R/o Nanad Kishore Sharda Nagar, Behind DPS School, Pal Ganv, Jodhpur – 342001, Rajasthan

¶115

3. MRS. CHAMPA DEVI

¶116

W/o Mr. Anada Ram,

¶117

R/o Nanad Kishore Sharda Nagar, Behind DPS School, Pal Ganv, Jodhpur – 342001, Rajasthan

……Defendants…..

OA No. 194 of 2022

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	1,60,000.00
2	Process Fee (Inc. Publication)	585.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	1,61,835.00

¶123

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 194 of 2022

26.04.2023

Counsel:

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

¶130

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.

¶131

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

OA No. 194 of 2022

26.04.2023

Counsel:

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

¶138

The Tribunal vide order dated 26.04.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶139

The Registrar vide order dated 26.04.2023 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.

¶140

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

OA No. 194 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶145

ORIGINAL APPLICATION NO. 194 of 2022

¶146

The Recovery Certificate prepisd in compliance of order dated 26.04.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 194 of 2022 Title HDFC Bank Ltd. Vs A.K. Shikshan Shodh Evam Vikas & Ors. has been checked and may be verified.

¶147

Section Officer

¶148

Assistant Registrar

¶149

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.

¶150

Assistant Registrar

¶151

Hon’ble Presiding Officer

¶152

Hdfc Bank v. A.K Shikshan Shodh Evam Vikas Sansthan

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. A.K Shikshan Shodh Evam Vikas Sansthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Govind Sharan Sharma versus Shubham Housing Development Finance Company Limited

Canara Bank versus M/S Durga Industries

Canara Bank versus Tarun Sharma

Hdfc Bank versus Ramji Lal Gurjar

Axis Bank versus M/S Uttam Foods

Axis Bank versus M S Mamta Enterprises