Allowed

State Bank of India v. M S Bhogyodaya Filling Station

DRT1 May 2023OA/374/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application for recovery of dues of Rs. 23,94,193/- against the defendant borrowers. The tribunal declared the defendants jointly and severally liable and issued a recovery certificate permitting sale of mortgaged property for debt discharge.

What did the court decide?

Recovery Certificate issued; Defendants jointly and severally liable to pay Rs. 23,94,193/- with interest; entitled to recover from mortgaged and personal assets.

State Bank of India versus M S Bhogyodaya Filling Station — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 374 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. 374 OF 2022

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DATE OF DELIVERY OF ORDER 01.05.2023

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STATE BANK OF INDIA

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Branch : SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S BHAGYODAYA FILLING STATION

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A proprietorship firm through its Proprietor Sh. Dinesh

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Sharma S/o Daya Shankar Sharma R/o 811/1,

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Village Linkoda Eklingpura, Bari Sadri,

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Chittorgarh -312403.

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2. SH. DINESH SHARMA

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S/o Daya Shankar Sharma

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proprietor of M/s Bhagyodaya Filling Station,

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R/o Village Karjoo, Tehsil-Chhoti Sadri,

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District – Pratpgarh, Rajasthan - 312403

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3. SH. DAYA SHANKAR SHARMA

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S/o Magni Ram,

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R/o Village Krajoo, Tehsil- Chhoti Sadri

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District Pratapgarh – 312403.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Anil Kumar Sharma Defendants Ex parte

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Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 04.03.2022 for recovery of an

OA No. 374 of 2022

amount of Rs 23,94,193/- with pendentlite and future interest and cost.

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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.

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Defendants was proceeded ex parte on 26.09.2022..

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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/11 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. 374 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. 23,94,193 (Rupees Twenty Three Lac Ninety Four Thousand One Hundred Ninety Three only) with future interest at the rate of 9.25% p.a. (Simple) from 04.03.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged immovable property – Residential Plot area 1250 sq. feet at Village Chhitodiya, Karjoo Mod, Tehsil Badi Sadri, District Pratapgarh as well as from the personal movable and immovable properties/assets of Defendants. The

OA No. 374 of 2022

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 01.08.2023 .

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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 Order pronounced in the open court today i.e. 01.05.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 374 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. 374 OF 2022

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DATE OF DELIVERY OF ORDER 01.05.2023

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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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STATE BANK OF INDIA

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Branch : SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S BHAGYODAYA FILLING STATION

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A proprietorship firm through its Proprietor Sh. Dinesh Sharma S/o Daya Shankar Sharma R/o 811/1, Village Linkoda Eklingpura, Bari Sadri,

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Chittorgarh -312403.

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2. SH. DINESH SHARMA

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S/o Daya Shankar Sharma

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proprietor of M/s Bhagyodaya Filling Station,

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R/o Village Karjoo, Tehsil-Chhoti Sadri,

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District – Pratpgarh, Rajasthan - 312403

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3. SH. DAYA SHANKAR SHARMA

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S/o Magni Ram,

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R/o Village Krajoo, Tehsil- Chhoti Sadri District Pratapgarh – 312403.

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……Defendants…..

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Recovery Certificate for Rs. 23,94,193/-

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In terms of final order dated 01.05.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

OA No. 374 of 2022

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,94,193 (Rupees Twenty Three Lac Ninety Four Thousand One Hundred Ninety Three only) with future interest at the rate of 9.25% p.a. (Simple) from 04.03.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of mortgaged immovable property – Residential Plot area 1250 sq. feet at Village Chhitodiya, Karjoo Mod, Tehsil Badi Sadri, District Pratapgarh 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.

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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 01.08.2023 .

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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 01.05.2023 .

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

OA No. 374 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. 374 OF 2022

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DATE OF DELIVERY OF ORDER 01.05.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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STATE BANK OF INDIA

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Branch : SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S BHAGYODAYA FILLING STATION

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A proprietorship firm through its Proprietor Sh. Dinesh

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Sharma S/o Daya Shankar Sharma R/o 811/1,

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Village Linkoda Eklingpura, Bari Sadri,

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Chittorgarh -312403.

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2. SH. DINESH SHARMA

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S/o Daya Shankar Sharma

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proprietor of M/s Bhagyodaya Filling Station,

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R/o Village Karjoo, Tehsil-Chhoti Sadri,

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District – Pratpgarh, Rajasthan - 312403

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3. SH. DAYA SHANKAR SHARMA

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S/o Magni Ram,

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R/o Village Krajoo, Tehsil- Chhoti Sadri

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District Pratapgarh – 312403.

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00

OA No. 374 of 2022

2	Process Fee (Inc. Publication)	165.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	27,415.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 374 of 2022

01.05.2023

Counsel:

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

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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. 374 of 2022

01.05.2023

Counsel:

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

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The Tribunal vide order dated 01.05.2023 , 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 01.05.2023 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepared accordingly.

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Copy of the Judgement and Recovery Certificate be given/sent to the parties free as well as be sent to the Recovery Officer for further proceedings.

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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. 374 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 374 of 2022

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The Recovery Certificate prepisd in compliance of order dated 01.05.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 374 of 2022 Title State Bank of India Vs M/s Bhagyodaya Filling Station & 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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State Bank of India v. M S Bhogyodaya Filling Station

Case brief

What is this about?

What did the court decide?

State Bank of India v. M S Bhogyodaya Filling Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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