Allowed

Indusind Bank Limited v. M/S Brijraj Construction

DRT19 Jun 2023OA/287/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the original application filed by IndusInd Bank Limited for recovery of an outstanding loan amount of Rs. 23,41,966/- from the defendants, declaring them liable to pay with future interest and costs.

What did the court decide?

Order directs defendants to pay Rs. 23,41,966 with future interest; Recovery Certificate issued for recovery from mortgaged property and assets; costs awarded to applicant.

Indusind Bank Limited versus M/S Brijraj Construction — Banking and Recovery | DRT (2023)

¶1

“ORIGINALAPPLICATION” No. 287 of 2022

¶2

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

¶3

PRESIDING OFFICER

¶4

O.A. NO. 287 OF 2022

¶5

DATE OF DELIVERY OF ORDER 19.06.2023

¶6

INDUSIND BANK LIMITED

¶7

Branch Office – Sangam Tower, Ground Floor,

¶8

Church Road, Off M.I. Road, Jaipur, Rajasthan -302001

¶9

…..Applicant Bank…..

¶10

VERSUS

¶11

1. M/S BRIJRAJ CONSTRUCTION,

¶12

Proprietor Mr. Raj Singh Rathore,

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Office at – Shop No. 31-D-1 SFS Sheela Choudhary Road, Kota, Rajasthan – 324005 AND

¶14

A-9, Amrita Aawas, Bajrang Nagar, Kota,

¶15

Rajasthan - 324002

¶16

2. MR. RAJ SINGH RATHORE

¶17

S/o Jai Singh Rathore

¶18

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶19

Rajasthan – 324002.

¶20

3. M/S RSR CONSTRUCTION,

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through its Prop. Mr. Rahul Singh Rathore,

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R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶23

Rajasthan – 324002.

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4. MR. JAI SINGH RATHORE,

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S/o Brijraj Singh Rathore,

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R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶27

Rajasthan – 324002.

¶28

5. MR. RAHUL SINGH RATHORE,

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S/o Jai Singh Rathore,

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R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶31

Rajasthan – 324002.

¶32

6. MS. RINKU KANWAR,

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W/o Shri Jai Singh Rathore,

¶34

R/o A-9 Amrita Awas, Bajrang Nagar, Kota,

OA No. 287 of 2022

Rajasthan – 324002.

……Defendants…..

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

¶41

JUDGMENT

¶42

This Original Application was filed by the applicant bank on 09.02.2022 for recovery of outstanding amount of Rs. 23,41,966/- from the Defendants.

¶43

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.

¶44

Defendants were proceeded ex parte on 05.01.2023..

¶45

Heard arguments and perused the record.

¶46

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/14 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.

¶47

In the result, this O.A. No. 287 of 2022 is allowed declaring that:-

¶48

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,41,966/(Rupees Twenty Three Lac Forty One Thousand Nine Hundred Sixty Six only) with future interest as per agreed rate of interest from 09.02.2022 till the date of realization.

OA No. 287 of 2022

b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – House No. A-9, Namrata Awas, Bajrang Nagar, Distt. Kota (Raj.) 324001 admeasuring 2400 Sq.Ft. in the name of Defendant No. 6 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.

¶53

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

¶54

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

¶55

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 19.09.2023 .

¶56

Prepare Recovery Certificate accordingly.

¶57

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.

¶58

(Vivek Saxena)

¶59

Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 19.06.2023 .

¶61

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

OA No. 287 of 2022

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

¶66

PRESIDING OFFICER

¶67

O.A. NO. 287 OF 2022

¶68

DATE OF DELIVERY OF ORDER 19.06.2023

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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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INDUSIND BANK LIMITED

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Branch Office – Sangam Tower, Ground Floor, Church Road, Off M.I. Road, Jaipur, Rajasthan -302001

¶73

…..Applicant Bank…..

¶74

VERSUS

¶75

1. M/S BRIJRAJ CONSTRUCTION,

¶76

Proprietor Mr. Raj Singh Rathore,

¶77

Office at – Shop No. 31-D-1 SFS Sheela Choudhary Road, Kota, Rajasthan – 324005 AND

¶78

A-9, Amrita Aawas, Bajrang Nagar, Kota,

¶79

Rajasthan - 324002

¶80

2. MR. RAJ SINGH RATHORE

¶81

S/o Jai Singh Rathore

¶82

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶83

Rajasthan – 324002.

¶84

3. M/S RSR CONSTRUCTION,

¶85

through its Prop. Mr. Rahul Singh Rathore, R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶86

Rajasthan – 324002.

¶87

4. MR. JAI SINGH RATHORE,

¶88

S/o Brijraj Singh Rathore,

¶89

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶90

Rajasthan – 324002.

¶91

5. MR. RAHUL SINGH RATHORE,

¶92

S/o Jai Singh Rathore,

¶93

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶94

Rajasthan – 324002.

¶95

6. MS. RINKU KANWAR,

¶96

W/o Shri Jai Singh Rathore,

OA No. 287 of 2022

R/o A-9 Amrita Awas, Bajrang Nagar, Kota, Rajasthan – 324002

¶101

……Defendants…...

¶102

Recovery Certificate for Rs. 23,41,966/-

¶103

In terms of final order dated 19.06.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶104

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,41,966/(Rupees Twenty Three Lac Forty One Thousand Nine Hundred Sixty Six only) with future interest as per agreed rate of interest from 09.02.2022 till the date of realization.

¶105

b) The applicant bank is entitled to recover the above amount by sale of mortgaged property – House No. A-9, Namrata Awas, Bajrang Nagar, Distt. Kota (Raj.) 324001 admeasuring 2400 Sq.Ft. in the name of Defendant No. 6 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.

¶106

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

¶107

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 19.09.2023 .

¶108

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.

¶109

This Certificate has been issued under my signatures and seal of the Tribunal on this 19.06.2023 .

¶110

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

OA No. 287 of 2022

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

¶115

PRESIDING OFFICER

¶116

O.A. NO. 287 OF 2022

¶117

DATE OF DELIVERY OF ORDER 19.06.2023

¶118

SCHEDULE TO RECOVERY CERTIFICATE

¶119

MEMO OF COST

¶120

INDUSIND BANK LIMITED

¶121

Branch Office – Sangam Tower, Ground Floor,

¶122

Church Road, Off M.I. Road, Jaipur, Rajasthan -302001

¶123

…..Applicant Bank…..

¶124

VERSUS

¶125

1. M/S BRIJRAJ CONSTRUCTION,

¶126

Proprietor Mr. Raj Singh Rathore,

¶127

Office at – Shop No. 31-D-1 SFS Sheela Choudhary Road, Kota, Rajasthan – 324005 AND

¶128

A-9, Amrita Aawas, Bajrang Nagar, Kota,

¶129

Rajasthan - 324002

¶130

2. MR. RAJ SINGH RATHORE

¶131

S/o Jai Singh Rathore

¶132

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶133

Rajasthan – 324002.

¶134

3. M/S RSR CONSTRUCTION,

¶135

through its Prop. Mr. Rahul Singh Rathore,

¶136

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶137

Rajasthan – 324002.

¶138

4. MR. JAI SINGH RATHORE,

¶139

S/o Brijraj Singh Rathore,

¶140

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶141

Rajasthan – 324002.

¶142

5. MR. RAHUL SINGH RATHORE,

¶143

S/o Jai Singh Rathore,

OA No. 287 of 2022

R/o A-5 Namrata Awas, Bajrang Nagar, Kota,

¶148

Rajasthan – 324002.

¶149

6. MS. RINKU KANWAR,

¶150

W/o Shri Jai Singh Rathore,

¶151

R/o A-9 Amrita Awas, Bajrang Nagar, Kota,

¶152

Rajasthan – 324002.

¶153

……Defendants…..

¶154

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00
2	Process Fee (Inc. Publication)	273.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	27,523.00

¶155

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 287 of 2022

19.06.2023

Counsel:

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

¶162

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.

¶163

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

OA No. 287 of 2022

19.06.2023

Counsel:

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

¶170

The Tribunal vide order dated 19.06.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶171

The Registrar vide order dated 19.06.2023 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.

¶172

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

OA No. 287 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶177

ORIGINAL APPLICATION NO. 287 of 2022

¶178

The Recovery Certificate prepisd in compliance of order dated 19.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 287 of 2022 Title Indusind Bank Vs Brijraj Construction & Ors. has been checked and may be verified.

¶179

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.

¶182

Assistant Registrar

¶183

Hon’ble Presiding Officer

¶184

Indusind Bank Limited v. M/S Brijraj Construction

Case brief

What is this about?

What did the court decide?

Indusind Bank Limited v. M/S Brijraj Construction

Case brief

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What did the court decide?

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