Allowed

Canara Bank v. Mrs Gurmej Singh Kaur

DRT13 Jan 2023OA/498/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the application filed by Canara Bank for recovery of a sum of Rs. 21,64,833.14 with interest against five defendants. The court declared the defendants jointly and severally liable and issued a recovery certificate for enforcement.

What did the court decide?

Declaration of joint and several liability to pay Rs. 21,64,833.14 with interest; issuance of Recovery Certificate for sale of mortgaged properties.

Canara Bank versus Mrs Gurmej Singh Kaur — Banking and Recovery | DRT (2023)

¶1

“ORIGINALAPPLICATION” No. 498 of 2022

¶2

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

¶3

PRESIDING OFFICER

¶4

O.A. NO. 498 OF 2022

¶5

DATE OF DELIVERY OF ORDER 13.01.2023

¶6

CANARA BANK

¶7

Branch Office – Padampur, District Sri Ganganagar

¶8

…..Applicant Bank…..

¶9

VERSUS

¶10

1. MRS. GURMEJ KAUR

¶11

W/o Late Mr. Ajayab Singh

¶12

2. AWATAR SINGH

¶13

S/o Late Mr. Ajayab Singh

¶14

3. IQBAL SINGH

¶15

S/o Late Mr. Ajayab Singh

¶16

All R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶17

4. AWATAR SINGH

¶18

S/o Late Mr. Ajayab Singh

¶19

R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶20

5. SUVARN SINGH

¶21

S/o Mr. Mala Singh

¶22

R/o 15 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶23

……Defendants…..

¶24

Counsel for the Applicant Bank Shri Raj Kumar and Sh. Bhagwan Singh Defendants Ex parte

¶25

JUDGMENT

¶26

This Original Application was filed by Applicant Bank against Defendants on 12.04.2022 for recovery of an

OA No. 498 of 2022

amount of Rs 21,64,833.14 with pendentlite and future interest and cost.

¶31

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.

¶32

Defendants were proceeded ex parte on 13.05.2022.

¶33

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A to G marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants No. 4 & 5 are jointly and severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶34

In the result, this O.A. No. 498 of 2022 is allowed declaring that:-

¶35

a) The Defendants No. 4 & 5 are jointly and severally liable to pay to the applicant bank a sum of Rs. 21,64,833.14 (Rupees Twenty One Lac Sixty Four Thousand Eight Hundred Thirty Three and Fourteen Paisa Only) with future interest @ 11.75%, p.a. (Simple) from 12.04.2022 till the date of realization.

¶36

b) The applicant bank is entitled to recover the above amount by sale of following mortgaged immovable properties – Village 13TK, Patwar Halka, Jagatsinghwala, Jhotiwala Tehsil Raisinghnagar District Sri Ganganagar Khata No. New 03 (Old 02) P.N. No. 135/297 Murabba No. 37 Kila No. 11, 12, 13/1, 18, 19, 20 Area (in Hec.) Nehri 1.3410 Khala 0.0500, Share in hand – Whole

OA No. 498 of 2022

Khata No. 141/298 Murabba No. 44 Kila No. 1, 2, 9, 10, 11, 12, 13/1, 18, 19, 20, 21, 22, 23 Nehri 3.1620 Share in land – Whole Total Area (in Hec.) 4.553, 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.

¶41

c) Defendants No. 1 to 3 being legal heirs, are liable upto the extent of the property inherited by them from deceased Sh. Ajayab Singh.

¶42

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

¶43

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

¶44

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

¶45

Prepare Recovery Certificate accordingly.

¶46

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.

¶47

(Vivek Saxena)

¶48

Presiding Officer, Debts Recovery Tribunal, Jaipur

¶49

Order pronounced in the open court today i.e. 13.01.2023 .

¶50

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

OA No. 498 of 2022

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

¶55

PRESIDING OFFICER

¶56

O.A. NO. 498 OF 2022

¶57

DATE OF DELIVERY OF ORDER 13.01.2023

¶58

RECOVERY CERTIFICATE

¶59

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

¶60

CANARA BANK

¶61

Branch Office – Padampur, District Sri Ganganagar

¶62

…..Applicant Bank…..

¶63

VERSUS

¶64

1. MRS. GURMEJ KAUR

¶65

W/o Late Mr. Ajayab Singh

¶66

2. AWATAR SINGH

¶67

S/o Late Mr. Ajayab Singh

¶68

3. IQBAL SINGH

¶69

S/o Late Mr. Ajayab Singh

¶70

All R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶71

4. AWATAR SINGH

¶72

S/o Late Mr. Ajayab Singh

¶73

R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶74

5. SUVARN SINGH

¶75

S/o Mr. Mala Singh

¶76

R/o 15 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶77

……Defendants…..

¶78

Recovery Certificate for Rs. 21,64,833.14

¶79

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

¶80

a) The Defendants No. 4 & 5 are jointly and severally liable to pay to the applicant bank a sum of Rs. 21,64,833.14 (Rupees Twenty One Lac Sixty Four Thousand Eight Hundred Thirty Three and Fourteen

OA No. 498 of 2022

Paisa Only) with future interest @ 11.75%, p.a. (Simple) from 12.04.2022 till the date of realization.

¶85

b) The applicant bank is entitled to recover the above amount by sale of following mortgaged immovable properties – Village 13TK, Patwar Halka, Jagatsinghwala, Jhotiwala Tehsil Raisinghnagar District Sri Ganganagar Khata No. New 03 (Old 02) P.N. No. 135/297 Murabba No. 37 Kila No. 11, 12, 13/1, 18, 19, 20 Area (in Hec.) Nehri 1.3410 Khala 0.0500, Share in hand – Whole, Khata No. 141/298 Murabba No. 44 Kila No. 1, 2, 9, 10, 11, 12, 13/1, 18, 19, 20, 21, 22, 23 Nehri 3.1620 Share in land – Whole Total Area (in Hec.) 4.553, 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.

¶86

c) Defendants No. 1 to 3 being legal heirs, are liable upto the extent of the property inherited by them from deceased Sh. Ajayab Singh.

¶87

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

¶88

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 14.04.2023 .

¶89

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.

¶90

This Certificate has been issued under my signatures and seal of the Tribunal on this 13.01.2023 .

¶91

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

OA No. 498 of 2022

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

¶96

PRESIDING OFFICER

¶97

O.A. NO. 498 OF 2022

¶98

DATE OF DELIVERY OF ORDER 13.01.2023

¶99

SCHEDULE TO RECOVERY CERTIFICATE

¶100

MEMO OF COST

¶101

CANARA BANK

¶102

Branch Office – Padampur, District Sri Ganganagar

¶103

…..Applicant Bank…..

¶104

VERSUS

¶105

1. MRS. GURMEJ KAUR

¶106

W/o Late Mr. Ajayab Singh

¶107

2. AWATAR SINGH

¶108

S/o Late Mr. Ajayab Singh

¶109

3. IQBAL SINGH

¶110

S/o Late Mr. Ajayab Singh

¶111

All R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶112

4. AWATAR SINGH

¶113

S/o Late Mr. Ajayab Singh R/o 13 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

¶114

5. SUVARN SINGH

¶115

S/o Mr. Mala Singh R/o 15 TK, VPO Jhotawali, Tehsil Raisinghnagar, District Sri Ganganagar - 335039

……Defendants…..

OA No. 498 of 2022

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	24,005.00
2	Process Fee (Inc. Publication)	287.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	25,542.00

¶121

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 498 of 2022

13.01.2023

Counsel:

Sh. RAJ KUMAR, Counsel for the Applicant Bank Defendants are exparte

¶128

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.

¶129

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

OA No. 498 of 2022

13.01.2023

Counsel:

Sh. RAJ KUMAR, Counsel for the Applicant Bank Defendants are exparte

¶136

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.

¶137

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.

¶138

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

OA No. 498 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶143

ORIGINAL APPLICATION NO. 498 of 2022

¶144

The Recovery Certificate prepisd in compliance of order dated 13.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 498 of 2022 Title Canara Bank Vs Gurmej Kaur & Ors. has been checked and may be verified.

¶145

Section Officer

¶146

Assistant Registrar

¶147

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.

¶148

Assistant Registrar

¶149

Hon’ble Presiding Officer

¶150

Canara Bank v. Mrs Gurmej Singh Kaur

Case brief

What is this about?

What did the court decide?

Canara Bank v. Mrs Gurmej Singh Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bank of Baroda versus M S Shree Gum Udhyog

State Bank of India versus Sh Khetpal

State Bank of India versus Smt Mirga Devi Bishnoi

Punjab National Bank versus Prithvi Raj Meena

State Bank of India versus Shri Girdhari Ram

State Bank of India versus M/S Bhagirath and Company