Debt Recovery Tribunal allowed HDFC Bank's application for recovery of dues against borrowers and guarantors ex-parte. Court ordered payment of principal, interest, and costs, and issued a recovery certificate.
Payment of Rs. 43,87,206.09 with interest at 8.50% p.a.; issuance of Recovery Certificate; injunction against transferring properties.
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DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Originol Applicotion No. -396122
HDFC Bank Limited, Savitri, GCF Road, Civil Lines, Jabalpur (M.P.)
Appticant
Versus
(Att at Goushata Market, Bus Stand, Mandsaur, M.P.; Atso at: MIG-2, Ward No.-8, Janta Cotony, Sanjeet Road, Mandsaur, M.P. 458001 ) Defendants
Counsel for the Appticant : Shri Sanjeev Dubey, Advocate Defendants : Ex-parte
JUDGMENT loate7: 7at67pri t, zozr ;
)
oA396122
i) Commercial Property situated at Ptot No.-34, Lakkad Petha, Nai Abadi, Mansour (M.P.), area 459 sq.ft.; betonging to Defendant No.-2; ii) Commercial Property situated at Ward No.-17, Road No.-5, LG4,5,6, Abhijit Comptex, Katakhet, Mandsour (M.P.), area 271.25 sq.tt.; betonging to Defendant No.-3.
The Defendant No.-1 and 2 avaited the credit facilities but did not make the payment regularly. The accounts became irregutar and the Ddfendants faited to tiquidate the outstanding dues despite initiation of action under the Securitisation Act by the Appl.icant Bank. The AppticantBank has relied upon the documents at Ex. A-1 to A-55 which were proved by Shri Ashish Rawat, Deputy Manager.
i) The Defendants do pay jointty and severa[y Rs. 43,g7,206.09 (Rupees Fourty Three Lac, Eighty Seven Thousand, Two Hundred Six and Paisa Nine only) together with pendentetite and future interest @g.50% per annum simple from the date of fiting of the OA, i.e., Zgt03t12, with costs ti[[ its realization.
ii) The Appticant Bank is entitted to sett the mortgaged as we[[ as personal properties and assets of the Defendants for realization of its dues, The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, atienating or in any way deating with their properties/assets without first paying the ctaim of the Appticant Bank.
3
oA396t22
iii) A Recovery Certificate be issued uls 19(22) of Recovery of Debts and Bankruptcy Act. The appticant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this Day of Z4rh April,2023.
,l-{ '>?
( mNiwas Pat )
Presidinq Officer
1 issue framed by the court
Whether the credit facilities granted to the defendants were legally owed as alleged.
1 provisions across 1 enactments
HDFC Bank Limited
Rajasthan Engineering Company
Sushila Devi Rathore
Prakash Chand Rathore
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
