The Tribunal allowed the original application filed by State Bank of India for recovery of Rs. 44,98,461/- as debt, declaring the defendant liable and directing the issuance of a recovery certificate.
Recovery certificate issued for Rs. 44,98,461/- with future interest; recovery ordered from mortgaged land and personal assets.
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. 30 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 30 OF 2022
DATE OF DELIVERY OF ORDER 14.06.2023
STATE BANK OF INDIA
Branch Office – SARB, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur - 302004
…..Applicant Bank…..
VERSUS
SH. BHAGIRATH RAM
S/o Sugna Ram Meghvanshi R/o Village Aakkasar, Tehsil – Kolayat,
Distt. Bikaner (Raj.) 334001
……Defendant…..
Counsel for the Applicant Bank Sh. Jayant Vaze Defendant Ex parte
JUDGMENT
SS
2
OA No. 30 of 2022
was sanctioned by the Applicant Bank in favour of Defendant. Defendant 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 Defendant.
SS
3
OA No. 30 of 2022
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 14.06.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
4
OA No. 30 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 30 OF 2022
DATE OF DELIVERY OF ORDER 14.06.2023
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 - 302004
…..Applicant Bank…..
VERSUS
SH. BHAGIRATH RAM
S/o Sugna Ram Meghvanshi R/o Village Aakkasar, Tehsil – Kolayat,
Distt. Bikaner (Raj.) 334001
……Defendant…..
Recovery Certificate for Rs. 44,98,461/-
In terms of final order dated 14.06.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-
SS
5
OA No. 30 of 2022
Land at Khasra No. 496, 532, 533 & 920/503 area admeasuring total land 17.79 Hectare at Akkasar, Tehsil – Kolayat, Bikaner, Distt. Bikaner (Raj.) as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank 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 14.09.2023 .
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 14.06.2023 .
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
6
OA No. 30 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR
PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 30 OF 2022
DATE OF DELIVERY OF ORDER 14.06.2023
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
STATE BANK OF INDIA
Branch Office – SARB, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur - 302004
…..Applicant Bank…..
VERSUS
SH. BHAGIRATH RAM
S/o Sugna Ram Meghvanshi
R/o Village Aakkasar, Tehsil – Kolayat,
Distt. Bikaner (Raj.) 334001
……Defendant…..
| S.No. | Item of Costs | Amount (Rs.) |
|---|---|---|
| 1 | Fee on the Application | 47,000.00 |
| 2 | Process Fee (Inc. Publication) | 39.00 |
| 3 | Advocate Fee | 1,250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5. | Miscellaneous Charges | NIL |
| Total | 48,289.00 |
Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
7
OA No. 30 of 2022
14.06.2023
Counsel:
Sh. Jayant Vaze, Counsel for Applicant Bank Defendant is ex parte
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
SS
8
OA No. 30 of 2022
14.06.2023
Counsel:
Sh. Jayant Vaze, Counsel for Applicant Bank Defendant is ex parte
The Tribunal vide order dated 14.06.2023 , 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 14.06.2023 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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
9
OA No. 30 of 2022
DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 30 of 2022
The Recovery Certificate prepisd in compliance of order dated 14.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 30 of 2022 Title State Bank of India Vs Sh. Bhagirath Ram 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
SS
2 issues framed by the court
Whether the defendant is liable to repay the outstanding loan amount and costs claimed by the applicant bank.
Whether the recovery certificate should be issued against the mortgaged property and personal assets of the defendant.
2 provisions across 2 enactments
State Bank of India
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
