Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of Rs. 26,81,064/- with interest, declaring the defendant liable and directing issuance of a recovery certificate.
Order dated 07.01.2023 directed recovery of Rs. 26,81,064/- with interest, costs, and issuance of a 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.
“ORIGINALAPPLICATION” No. 09 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 09 OF 2022
DATE OF DELIVERY OF ORDER 07.01.2023
STATE BANK OF INDIA
Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur
…..Applicant Bank…..
VERSUS
SMT. HARVINDER KAUR
W/o Sh. Jagjeet Singh
R/o Village Chak 53 F, PO Post Jorawarpura,
Tehsil Srikaranpur District Sriganganagar (Raj.)
……Defendant…..
Counsel for the Applicant Bank Shri Anil K. Sharma Defendant Ex parte
JUDGMENT
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of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 07.01.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 09 OF 2022
DATE OF DELIVERY OF ORDER 07.01.2023
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
STATE BANK OF INDIA
Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur
…..Applicant Bank…..
VERSUS
SMT. HARVINDER KAUR
W/o Sh. Jagjeet Singh
R/o Village Chak 53 F, PO Post Jorawarpura, Tehsil Srikaranpur District Sriganganagar (Raj.)
……Defendant…..
Recovery Certificate for Rs. 26,81,064/-
In terms of final order dated 07.01.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-
b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets and mortgaged property – Agriculture Land at Chak No. 53 F Tehsil Srikaranpur Distt. Sriganganagar bearing Khata No. 44, 45 and 54 Total Area 6.261 Hact. as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank
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is entitled to proceed against the same towards recovery of its debt.
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 10.04.2023 .
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.
This Certificate has been issued under my signatures and seal of the Tribunal on this 07.01.2023 .
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 09 OF 2022
DATE OF DELIVERY OF ORDER 07.01.2023
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
STATE BANK OF INDIA
Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur
…..Applicant Bank…..
VERSUS
SMT. HARVINDER KAUR
W/o Sh. Jagjeet Singh
R/o Village Chak 53 F, PO Post Jorawarpura,
Tehsil Srikaranpur District Sriganganagar (Raj.)
……Defendant…..
| S.No. | Item of Costs | Amount (Rs.) |
|---|---|---|
| 1 | Fee on the Application | 29,000.00 |
| 2 | Process Fee (Inc. Publication) | 39.00 |
| 3 | Advocate Fee | 1,250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5. | Miscellaneous Charges | NIL |
| Total | 30,289.00 |
Presiding Officer, Debts Recovery Tribunal, Jaipur
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07.01.2023
Counsel:
Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendants are exparte
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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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07.01.2023
Counsel: Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendants are exparte
The Tribunal vide order dated 07.01.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.
The Registrar vide order dated 07.01.2023 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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
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DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 09 of 2022
The Recovery Certificate prepisd in compliance of order dated 07.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 09 of 2022 Title State Bank of India Vs Smt. Harvinder Kaur has been checked and may be verified.
Section Officer
Assistant Registrar
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.
Assistant Registrar
Hon’ble Presiding Officer
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3 issues framed by the court
Whether the applicant bank is entitled to recover the owed amount along with future interest and costs.
Whether the recovery of dues can be effected by sale of hypothecated assets and mortgaged property.
Whether a recovery certificate can be issued under Section 22 of RDBFI Act, 1993.
2 provisions across 2 enactments
State Bank of India
Smt. Harvinder Kaur
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
