Allowed

Punjab National Bank v. Prithvi Raj Meena

DRT13 Jan 2023OA/387/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed an original application filed by Punjab National Bank against Prithvi Raj Meena to recover a loan amount of Rs. 23,06,487.12 along with future interest and costs.

What did the court decide?

Recovery certificate issued directing payment of Rs. 23,06,487.12 with future interest and allowing recovery via sale of mortgaged properties and personal assets.

Punjab National Bank versus Prithvi Raj Meena — Execution and Attachment | DRT (2023)

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“ORIGINALAPPLICATION” No. 387 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. 387 OF 2022

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DATE OF DELIVERY OF ORDER 13.01.2023

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PUNJAB NATIONAL BANK

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Branch Office – Todabhim, District Karauli (Rajasthan)

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…..Applicant Bank…..

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VERSUS

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PRITHVI RAJ MEENA

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S/o Sh. Mangya Meena

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R/o Village Mannauj, Tehsil Karauli (Rajasthan)

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……Defendant…..

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Counsel for the Applicant Bank Ms. Neelam Sharma Defendant Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 03.02.2022 for recovery of an amount of Rs 23,06,487.12 with pendentlite and future interest and cost.

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

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Defendant were proceeded ex parte on 28.09.2022.

OA No. 387 of 2022

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/7 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 387 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 23,06,487.12 (Rupees Twenty Three Lac Six Thousand Four Hundred Eighty Seven and Twelve Paisa Only) with future interest @ 10.5% p.a. (Simple) in KCC account and 11.05% p.a. in Kalyani account from 03.02.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Assets and mortgaged properties – Agricultural Land Khata No. 151 – Khasra No. 127, 390, 432, 589, 600, 1120, 1121, 1125,1137, 1303, 1312 total measuring 3.18 Hec. Khata No. 150, Khasra No. 670/1904, 673, 674, 675 total measuring 0.07 Hec. Khata No. 152 – Khasra No. 1313, 1314, 1689, 1690, 1723/1948, 1742, 1851, total measuring 2.47 Hec. Situated at Village Mannauj Tehsil Todabhim, District Karauli (Rajasthan) 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.

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

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

OA No. 387 of 2022

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 13.04.2023 .

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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. 13.01.2023 .

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

OA No. 387 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. 387 OF 2022

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DATE OF DELIVERY OF ORDER 13.01.2023

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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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PUNJAB NATIONAL BANK

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Branch Office – Todabhim, District Karauli (Rajasthan)

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…..Applicant Bank…..

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VERSUS

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PRITHVI RAJ MEENA

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S/o Sh. Mangya Meena

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R/o Village Mannauj, Tehsil Karauli (Rajasthan)

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……Defendant…..

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Recovery Certificate for Rs. 23,06,487.12

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In terms of final order dated 13.01.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 23,06,487.12 (Rupees Twenty Three Lac Six Thousand Four Hundred Eighty Seven and Twelve Paisa Only) with future interest @ 10.5% p.a. (Simple) in KCC account and 11.05% p.a. in Kalyani account from 03.02.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Assets and mortgaged properties – Agricultural Land Khata No. 151 – Khasra No. 127, 390, 432, 589, 600, 1120, 1121, 1125,1137, 1303, 1312 total measuring 3.18 Hec. Khata No. 150, Khasra No. 670/1904, 673,

OA No. 387 of 2022

674, 675 total measuring 0.07 Hec. Khata No. 152 – Khasra No. 1313, 1314, 1689, 1690, 1723/1948, 1742, 1851, total measuring 2.47 Hec. Situated at Village Mannauj Tehsil Todabhim, District Karauli (Rajasthan) 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.

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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 13.04.2023 .

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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 13.01.2023 .

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

OA No. 387 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. 387 OF 2022

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DATE OF DELIVERY OF ORDER 13.01.2023 SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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PUNJAB NATIONAL BANK

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Branch Office – Todabhim, District Karauli (Rajasthan)

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…..Applicant Bank…..

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VERSUS

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PRITHVI RAJ MEENA

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S/o Sh. Mangya Meena

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R/o Village Mannauj, Tehsil Karauli (Rajasthan)

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,005.00
2	Process Fee (Inc. Publication)	47.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	27,302.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 387 of 2022

13.01.2023

Counsel:

MS. NEELAM SHARMA, Counsel for the Applicant Bank Defendant is 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. 387 of 2022

13.01.2023

Counsel:

MS. NEELAM SHARMA, Counsel for the Applicant Bank Defendant is exparte

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The Tribunal vide order dated 13.01.2023 , 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 13.01.2023 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. 387 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 387 of 2022

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The Recovery Certificate prepisd in compliance of order dated 13.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 387 of 2022 Title Punjab National Bank Vs Prithvi Raj Meena 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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Punjab National Bank v. Prithvi Raj Meena

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Prithvi Raj Meena

Case brief

What is this about?

What did the court decide?

What the court decided

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