Allowed

Hdfc Bank v. M/S Mahesh Traders

DRT15 Jun 2023OA/264/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's Original Application for recovery of a loan classified as NPA. It upheld the defendants' joint and several liability to pay the outstanding sum with future interest and directed the issuance of a Recovery Certificate based on mortgage properties listed in the judgment.

What did the court decide?

Issuance of Recovery Certificate for Rs. 71,99,375/- with future interest at 24% p.a. directed to be recovered from the sale of specified mortgaged properties and additionally from the defendants' oth

Hdfc Bank versus M/S Mahesh Traders — Contract and Commercial Disputes | DRT (2023)

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“ORIGINALAPPLICATION” No. 264 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. 264 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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HDFC BANK LIMITED

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Branch Office – 414-417, Hawa Mahal Road, Subhash Chowk, Jaipur, Rajasthan - 302002

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…..Applicant Bank…..

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VERSUS

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1. M/S MAHESH TRADERS,

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Through its Proprietor Mr. Mahendra Kumar Soni S/o Rama Kishan Soni having place of business

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at Village and Post Cherai, Tehsil Osian,

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Jodhpur, Rajasthan -342306

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2. MR. MAHENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai, Losian, Cherai, Jodhpur, Rajasthan - 342306

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3. MR. GAJENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai, Losian, Cherai, Jodhpur, Rajasthan - 342306

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 25.01.2022 for recovery of outstanding amount of Rs. 71,99,375/- from the Defendants.

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As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, credit

OA No. 264 of 2022

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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Defendant No. 3 is proceeded ex parte on 15.12.2022.

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Defendants No. 1 & 2 failed to file reply. An IA No. 1233/2023 was filed by the Defendants No. 1 & 2 praying for reopening of the reply to the OA, which was closed vide Order dt. 06.02.2023, passed by this Tribunal. Along with said IA no authorization letter/vakalatnama of their counsel has been filed, therefore, this IA stands disposed of as dismissed.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/23 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. 264 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. 71,99,375/(Rupees Seventy One Lac Ninety Nine Thousand Three Hundred Seventy Five only) with future interest @24% p.a. from 25.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged properties – 1. Residential Patta No. 6, Gram Cherai, Osian Patta, Book No. 27, Missal No. 256/210 – 11342303,

OA No. 264 of 2022

Jodhpur, Rajasthan admeasuring 2320 Sq. Ft. standing in the name of Defendant No. 2, 2. Residential Patta No. 5, Gram Cherai, Misal No. 257/201-11342303, Gram Cherai Jodhpur, Rajasthan admeasuring 2320 Sq.Ft. standing in the name of Defendant No. 3, 3. Industrial Plot No. 101, Gram Cherai Khasra No. 2143/3, Rakba 02, 342303 Jodhpur, Rajasthan admeasuring 3237.48 Sq. Mtrs. standing in the name of Defendant No. 2. 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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1. 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 15.09.2023 .

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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. 15.06.2023 .

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

OA No. 264 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. 264 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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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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HDFC BANK LIMITED

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Branch Office – 414-417, Hawa Mahal Road, Subhash Chowk, Jaipur, Rajasthan - 302002

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…..Applicant Bank…..

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VERSUS

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1. M/S MAHESH TRADERS,

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Through its Proprietor Mr. Mahendra Kumar Soni S/o Rama Kishan Soni having place of business

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at Village and Post Cherai, Tehsil Osian,

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Jodhpur, Rajasthan -342306

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2. MR. MAHENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai,

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Losian, Cherai, Jodhpur, Rajasthan - 342306

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3. MR. GAJENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai,

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Losian, Cherai, Jodhpur, Rajasthan - 342306

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……Defendants…..

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Recovery Certificate for Rs. 71,99,375/-

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In terms of final order dated 15.06.2023 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. 71,99,375/(Rupees Seventy One Lac Ninety Nine Thousand Three Hundred Seventy Five only) with future

OA No. 264 of 2022

interest @24% p.a. from 25.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged properties – 1. Residential Patta No. 6, Gram Cherai, Osian Patta, Book No. 27, Missal No. 256/210 – 11342303, Jodhpur, Rajasthan admeasuring 2320 Sq. Ft. standing in the name of Defendant No. 2, 2. Residential Patta No. 5, Gram Cherai, Misal No. 257/201-11342303, Gram Cherai Jodhpur, Rajasthan admeasuring 2320 Sq.Ft. standing in the name of Defendant No. 3, 3. Industrial Plot No. 101, Gram Cherai Khasra No. 2143/3, Rakba 02, 342303 Jodhpur, Rajasthan admeasuring 3237.48 Sq. Mtrs. standing in the name of Defendant No. 2. 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 15.09.2023 .

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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 15.06.2023 .

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

OA No. 264 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶91

PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 264 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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HDFC BANK LIMITED

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Branch Office – 414-417, Hawa Mahal Road, Subhash Chowk, Jaipur, Rajasthan - 302002

¶99

…..Applicant Bank…..

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VERSUS

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1. M/S MAHESH TRADERS,

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Through its Proprietor Mr. Mahendra Kumar Soni S/o Rama Kishan Soni having place of business

¶103

at Village and Post Cherai, Tehsil Osian,

¶104

Jodhpur, Rajasthan -342306

¶105

2. MR. MAHENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai,

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Losian, Cherai, Jodhpur, Rajasthan - 342306

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3. MR. GAJENDRA KUMAR SONI,

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S/o Rama Kishan Soni

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Address – Paliwaalo Ka Bas, Village Cherai, Losian, Cherai, Jodhpur, Rajasthan – 342306

……Defendants…..

		OA No. 264 of 2022
S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	74,000.00
2	Process Fee (Inc. Publication)	165.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	75,415.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 264 of 2022

15.06.2023

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are exparte

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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. 264 of 2022

15.06.2023

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are exparte

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The Tribunal vide order dated 15.06.2023 , 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 15.06.2023 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. 264 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 264 of 2022

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The Recovery Certificate prepisd in compliance of order dated 15.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 264 of 2022 Title HDFC Bank Limited Vs Mahesh Traders & 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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Hdfc Bank v. M/S Mahesh Traders

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. M/S Mahesh Traders

Case brief

What is this about?

What did the court decide?

What the court decided

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