Allowed

Bank of Baroda v. Pooja Rathore W/O Ankit Rathore

DRT19 Dec 2023OA/51/2022

Case brief

AI extract

What is this about?

The adjudicating officer decided recovery proceedings under the Recovery of Debts and Bankruptcy Act where the defendant failed to contest the original application. The court ordered payment of the principal loan amount, interest, and issued a recovery certificate.

What did the court decide?

Defendant ordered to pay Rs. 52,79,875.00 with interest; Recovery Certificate issued; Defendant restrained from alienating assets.

Bank of Baroda versus Pooja Rathore W/O Ankit… — Contract and Commercial Disputes | DRT (2023)

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.rry_

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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(Presiding Officer - Hon'bte Shri Ram Niwas Patet)

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Original Applicotion No. - 51 122

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Bank of Baroda, itandasaur (M.P.)

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..... Appticant

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Versus

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Pooja Rathore, W/o Ankit Rathore, 331, Patasa Gali, Dhanmandi, itandasur (M.P.)

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Defendant

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Counsel for the Appticant : Shri Shreyas Dubey, Advocate Defendant : Ex-parte

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JUDGIAENT

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lDated^{:-T06 Decernber, 20231}

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1, The Appticant-Bank has fited the Present Originat^Apptication u/s 19 of Recovery of Debts and Bankruptcy Acl^{on 07101122against the} Defendant for recovery of Rs. 52,79,875.00^{(Rupees Fifty Two Lac,Seventy} Nine Thousand, Eight Hundred and Seventy Five onty)^{along withinterestand} other reliefs as stated.

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The brief facts of the case are that on the^{request of} Defendant, the Appticant Bank sanctioned^{Term Loan of Rs. 47 Lacand} Working Capital of Rs. 10 Lac aggregating^{Rs. 57 Lacas well as Covid Term} Loan Credit facitity of Rs. 10^{Lac and in considerationof the same the} Defendant executed requisite loan^{documents on 18111117. The Defendant} availed the credit facitities and also^{executed Letter of Acknowledgmentof} Debt on 12t11t20 but^{faited to tiquidatethe outstanding duesdespite} issuance of Recalt Notice^{on 'lol11t21 by the Appticant Bank. The Appticant'} Bank has retied upon^{the documentsat Ex. A-1 to A-14whichwere proved by} Shri Rupesh GuPta,^{Chief Manager.}

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Despite service of^{notice, the Defendantneither appearednor} fited written statement.^{she was proceeded ex-partevide order dated} 3OtO9lZ2. There^{is therefore, no reasonto disbelievethe contentionsof the} Bank. considering^{the facts of the case, I opinethat the Defendantis tiabte} toPaytheclaimamounttogetherwithinterestandcosts.TheAppticant.

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oA51l22

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Bank in its application has claimed^interest @10.05%^{p.a- with monthlyrests.} However, I feel it fair and^{reasonabteto grant interest@10%p.a. simpte} pendentetite and future ti[[ reatization of the dues.^{The personalproperties} and assets of the Defendant are^tiabte to^{be sotd for recovery of amount} due.

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The Original Apptication is attowed and it^{is orderedas under-}

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i) The Defendant do^pay Rs. 52,79,875.00^{(RupeesFifty Two Lac,} Seventy Nine Thousand, Eight^{Hundredand Seventy Fiveonty)together with} pendentelite and future interest @10%^per annum simple from the^{date of} filing of the OA, i.e.,07101^122, with costs titl^{its reatization.}

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ii) The Appticant Bank is entitted to sett the^{personat properties} and assets of the Defendant for^reatization of^{its dues. The Defendantis} hereby restrained by means of injunction from^{depleting,transferring,} encumbering, alienating or in any^{way dealing} with^{her properties/assets} without first paying the ctaim of the Appticant Bank.

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iii) A Recovery Certificate be issued uls 19(221 of Recovery of Debts and Bankruptcy Act. The applicant bank may file a memo of cost within 7 days for preparing Recovery Certificate.

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Judgment pronounced in the open court on this 19th Day of December,2023.

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7 9
.p'
(Ra Niw tet)
Presidinc Officer

Bank of Baroda v. Pooja Rathore W/O Ankit Rathore

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Pooja Rathore W/O Ankit Rathore

Case brief

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What did the court decide?

What the court decided

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