Debts Recovery Tribunal in Aurangabad decreed an original application filed by HDFC Bank for recovery of dues against defendants who accepted a loan but failed to pay. The claim was uncontroverted.
Agreed sum of Rs. 31,34,646/- along with interest at 10% p.a. simple to be paid jointly or severally; recovery certificate issued.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 24.11. Sr. No |
2023 .106 O.A.No.259/2022 |
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| Classific ation |
No. of Exh. |
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| ORIGINAL APPLICATION No.259/2022 HDFC Bank .. Applicant Versus Ms Rauf Traders Through Its Proprietor Shaikh Rauf Shaikh Babu & others .. Defendants Mr. S.S.Gangakhedkar - Advocate for the applicant. Mr. S.A.Nandure – Advocate for defendants 1. The applicant bank has filed present Original Application for recovery of Rs. 31,34,646 /- against the defendant nos. 1 to 3 where in the properties mentioned in 3A of the Original Application. 2. The defendant nos.1 to 3 appeared and filed written statement on 15.07.2023. no documents has been affixed in support of written statement. The pleadings are mere denial. However, if they have made alternate prayer for direction to bank to delete all expenses and penal interest and proper charging of interest. Nothing has been explained as to what are the illegal charges. 3. Further defendants made alternate prayer that if the Tribunal come to the conclusion that some is given by defendants then suitable quarterly instalment of Rs. 25,000/- may be awarded and also prayed for granting concession. It shows that the defendants have accepted the loan and has not paid the dues and the bank has rightly to proceeded and file Original Application 4. The applicant bank has filed claim affidavit and prove its claim. The claim of the applicant goes uncontroverted and unrebutted. 5. In view of the above, I pass the following order : ORDER A. Original Application No.259/2022 is decreed with costs. |
[APK] (OA No.259/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| B. Defendants are ordered and directed to pay to the applicant either jointly or severally the aggregate sum of Rs. 31,34,646/- along with rate of interest @ 10% p.a. simple with monthly rest from the date of filing of the Original Application till actual payment /realisation. |
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| C. The aforesaid adjudicated amount is secured by the charge on the immovable properties i.e. A11 the stock in trade both present and future hypothecated. |
| b) All the book debts, amounts outstanding, monies receivable. |
| c) All the plant and machinery both present and future consisting of all movable and immovable Fixed assets including L & B, being movable properties. Secondary Collateral Property: |
| A11 that piece & parcel of the Gut No.4B0 (East Part), Sawad Road, Mauje Amode Tq. Yawal Dist Jalgaon admeasuring 120.47 Sq. Mt, bounded as under: East: Gut No.479, West: Gut No.613 North: Road South: Gut No. 447 & 446. |
| D. The Recovery Officer to proceed with the personal properties of the defendant Nos. 1 to 3 by attaching the same. |
| E. Any amount recovered during pendency of Original Application shall be reduced and demand notice shall be issued accordingly. |
| F. Issue Recovery Certificate accordingly against defendants. |
| G. The Registrar to send the copy of judgment and Recovery Certificate to the applicant and defendants. |
| H. Consign the file to the Record Room and orders be uploaded on official web-site. |
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (OA No.259/2022) Page 2 of 2
HDFC Bank
Ms Rauf Traders
Shaikh Rauf Shaikh Babu
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
