Allowed

State Bank of India v. M/S Vansh International

DRT15 Jun 2023OA/511/2022

Case brief

AI extract

What is this about?

In an original application for recovery of dues, the Debts Recovery Tribunal allowed the State Bank of India's claim against M/s Vansh International and others for Rs. 25,97,031/-. The court declared the respondents jointly liable and issued a recovery certificate permitting the sale of hypothecated/mortgaged assets.

What did the court decide?

Recovery certificate issued for Rs. 25,97,031/- with future interest entitling the bank to recover dues from sale of mortgaged properties and personal assets.

State Bank of India versus M/S Vansh International — Insurance | DRT (2023)

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“ORIGINALAPPLICATION” No. 511 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. 511 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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STATE BANK OF INDIA

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Branch Office – S.M.E.C. Branch Office

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at Plot No. SP-1, Road No. 1, VKIA, Sikar Road, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S VANSH INTERNATIONAL ,

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Through its Proprietor Smt. Preeti Daga

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W/o Laxman Daga

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Corporate Office – G-154, RIICO Industrial Area, Mansarovar, Jaipur 302022

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Factory Address – F-2111, 2^nd Floor, Ramchandrapura,

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Sitapura Industrial Area, Jaipur 302022,

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2. SMT. PREETI DAGA

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W/o Laxman Daga

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Proprietor of M/s Vansh International

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R/o D-14, Ashapoorna Empire, Opposite D.A.V.

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School, Near Amrapali Circle, Nemi Nagar,

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Vaishali Nagar, Jaipur - 302021

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3. LAXMAN DAGA

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S/o Champa Lal Daga

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R/o C-408, Behind Crown Plaza, Vaishali Nagar,

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Jaipur – 302021

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4. SMT. SHAKUNTALA DEVI CHANDAK

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S/o Champa Lal Daga

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R/o 398, 4^th – C Road, Sardarpura, Jodhpur - 342001

……Defendants…..

OA No. 511 of 2022

Counsel for the Applicant Bank Sh. Jayant Vaze Defendants Ex parte

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Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 16.04.2022 for recovery of outstanding amount of Rs. 25,97,031/- from the Defendants.

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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 are proceeded ex parte on 21.12.2022.

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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/28 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. 511 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. 25,97,031/(Rupees Twenty Five Lac Ninety Seven Thousand Thirty One only) with future interest @ 12.40% p.a. from 16.04.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties – 1) Flat No. D-17, Ground Floor in Ashapura Empire, situated at Plot No. 191

OA No. 511 of 2022

to 201, Opp. DAV School, Nemi Nagar, Vaishali Nagar, Jaipur area 1873 Sq.fts. super B/Up and 2) Residential Flat at Basement, 2^nd and 3^rd Floor situated at Shakuntala Sadan, constructed on Plot No. 398, C Road, Sardarpura, Jodhpur admeasuring 1012.05 Sq.Ft. 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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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 15.09.2023 .

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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)

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Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 15.06.2023 .

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

OA No. 511 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. 511 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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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 Office – S.M.E.C. Branch Office

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at Plot No. SP-1, Road No. 1, VKIA, Sikar Road, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S VANSH INTERNATIONAL ,

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Through its Proprietor Smt. Preeti Daga

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W/o Laxman Daga

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Corporate Office – G-154, RIICO Industrial Area,

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Mansarovar, Jaipur 302022

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Factory Address – F-2111, 2^nd Floor, Ramchandrapura, Sitapura Industrial Area, Jaipur 302022,

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2. SMT. PREETI DAGA

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W/o Laxman Daga

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Proprietor of M/s Vansh International

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R/o D-14, Ashapoorna Empire, Opposite D.A.V.

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School, Near Amrapali Circle, Nemi Nagar,

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Vaishali Nagar, Jaipur - 302021

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3. LAXMAN DAGA

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S/o Champa Lal Daga

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R/o C-408, Behind Crown Plaza, Vaishali Nagar,

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Jaipur – 302021

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4. SMT. SHAKUNTALA DEVI CHANDAK

OA No. 511 of 2022

S/o Champa Lal Daga

R/o 398, 4^th – C Road, Sardarpura, Jodhpur - 342001

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……Defendants…..

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Recovery Certificate for Rs. 25,97,031/-

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In terms of final order dated 15.06.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 25,97,031/(Rupees Twenty Five Lac Ninety Seven Thousand Thirty One only) with future interest @ 12.40% p.a. from 16.04.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties – 1) Flat No. D-17, Ground Floor in Ashapura Empire, situated at Plot No. 191 to 201, Opp. DAV School, Nemi Nagar, Vaishali Nagar, Jaipur area 1873 Sq.fts. super B/Up and 2) Residential Flat at Basement, 2^nd and 3^rd Floor situated at Shakuntala Sadan, constructed on Plot No. 398, C Road, Sardarpura, Jodhpur admeasuring 1012.05 Sq.Ft. 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 15.09.2023 .

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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

OA No. 511 of 2022

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 15.06.2023 .

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

OA No. 511 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. 511 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COST

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STATE BANK OF INDIA

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Branch Office – S.M.E.C. Branch Office

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at Plot No. SP-1, Road No. 1, VKIA, Sikar Road, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. M/S VANSH INTERNATIONAL ,

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Through its Proprietor Smt. Preeti Daga

¶123

W/o Laxman Daga

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Corporate Office – G-154, RIICO Industrial Area, Mansarovar, Jaipur 302022

¶125

Factory Address – F-2111, 2^nd Floor, Ramchandrapura, Sitapura Industrial Area, Jaipur 302022,

¶126

2. SMT. PREETI DAGA

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W/o Laxman Daga

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Proprietor of M/s Vansh International

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R/o D-14, Ashapoorna Empire, Opposite D.A.V. School, Near Amrapali Circle, Nemi Nagar,

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Vaishali Nagar, Jaipur - 302021

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3. LAXMAN DAGA

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S/o Champa Lal Daga

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R/o C-408, Behind Crown Plaza, Vaishali Nagar, Jaipur – 302021

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4. SMT. SHAKUNTALA DEVI CHANDAK

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S/o Champa Lal Daga

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R/o 398, 4^th – C Road, Sardarpura, Jodhpur - 342001

……Defendants…..

OA No. 511 of 2022

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	28,000.00
2	Process Fee (Inc. Publication)	220.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	26,346.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 511 of 2022

15.06.2023

Counsel:

Sh. Jayant Vaze, Counsel for Applicant Bank Defendants are 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. 511 of 2022

15.06.2023

Counsel:

Sh. Jayanrt Vaze, Counsel for Applicant Bank Defendants are exparte

¶157

The Tribunal vide order dated 15.06.2023 , 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 15.06.2023 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. 511 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 511 of 2022

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The Recovery Certificate prepisd in compliance of order dated 15.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 511 of 2022 Title State Bank of India Vs M/s Vansh International & 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 Vansh International

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S Vansh International

Case brief

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