DRT allowed O.A. filed by IDBI Bank for recovery of recovered loan. Defendants laden with cost, directed to appear before Recovery Officer. Recovery Certificate issued.
Directed payment of amount along with interest and declaration of rights to recovery through mortgaged asset and personal properties
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
“ORIGINALAPPLICATION” No. 524 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 524 OF 2022
DATE OF DELIVERY OF ORDER 15.06.2023
IDBI BANK LIMITED
Branch Office – D-24, Durlabh Niwas, Prithviraj Road, C-Scheme, Jaipur (Rajasthan)
…..Applicant Bank…..
VERSUS
1. VISION EFFECT TECHNOSOLUTIONS PVT. LTD.
2. SMT. VIJAY LAXMI MATHUR
R/o A-121, Narayan Vihar,
Mansarovar, Jaipur – 302020
3. KUMARI SHANVI MATHUR
through her natural guardian Smt. Vijay
Laxmi Mathur W/o (Late) Sh. Nishith Mathur
R/o A-121, Narayan Vihar,
Mansarovar, Jaipur – 302020
4. SHRI SHASHWAT MATHUR
S/o (Late) Shri Nishith Mathur
through his natural guardian Smt. Vijay
Laxmi Mathur W/o (Late) Sh. Nishith Mathur R/o A-121, Narayan Vihar, Mansarovar, Jaipur - 302020
……Defendants…..
SS
2
OA No. 524 of 2022
Counsel for the Applicant Bank Sh. Ashish Tiwari Defendants Ex parte
Ex parte
JUDGMENT
SS
3
OA No. 524 of 2022
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
Order pronounced in the open court today i.e. 15.06.2023 .
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
4
OA No. 524 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR
PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 524 OF 2022
DATE OF DELIVERY OF ORDER 15.06.2023
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
IDBI BANK LIMITED
Branch Office – D-24, Durlabh Niwas, Prithviraj Road, C-Scheme, Jaipur (Rajasthan)
…..Applicant Bank…..
VERSUS
1. VISION EFFECT TECHNOSOLUTIONS PVT. LTD.
2. SMT. VIJAY LAXMI MATHUR
R/o A-121, Narayan Vihar,
Mansarovar, Jaipur – 302020
3. KUMARI SHANVI MATHUR
through her natural guardian Smt. Vijay Laxmi Mathur W/o (Late) Sh. Nishith Mathur R/o A-121, Narayan Vihar,
Mansarovar, Jaipur – 302020
4. SHRI SHASHWAT MATHUR
through his natural guardian Smt. Vijay
Laxmi Mathur W/o (Late) Sh. Nishith Mathur
R/o A-121, Narayan Vihar,
Mansarovar, Jaipur - 302020
……Defendants…..
SS
5
OA No. 524 of 2022
Recovery Certificate for Rs. 56,69,647.27
In terms of final order dated 15.06.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-
Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 15.09.2023 .
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.
This Certificate has been issued under my signatures and seal of the Tribunal on this 15.06.2023 .
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
6
OA No. 524 of 2022
BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR
PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 524 OF 2022
DATE OF DELIVERY OF ORDER 15.06.2023
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
IDBI BANK LIMITED
Branch Office – D-24, Durlabh Niwas, Prithviraj Road, C-Scheme, Jaipur (Rajasthan)
…..Applicant Bank…..
VERSUS
1. VISION EFFECT TECHNOSOLUTIONS PVT. LTD. Through it’s Director Smt. Vijay Laxmi Mathur W/o (Late) Shri Nishith Mathur having its Regd. Office at – S-107, 2nd Floor At Plot No. F-174, Sumer Complex, Gautam Marg, Bagaria Bhawan, C-Scheme,
2. SMT. VIJAY LAXMI MATHUR
Mansarovar, Jaipur – 302020
3. KUMARI SHANVI MATHUR
R/o A-121, Narayan Vihar,
Mansarovar, Jaipur – 302020
4. SHRI SHASHWAT MATHUR
through his natural guardian Smt. Vijay
SS
7
OA No. 524 of 2022
Laxmi Mathur W/o (Late) Sh. Nishith Mathur R/o A-121, Narayan Vihar, Mansarovar, Jaipur - 302020
……Defendants…..
| S.No. | Item of Costs | Amount (Rs.) |
|---|---|---|
| 1 | Fee on the Application | 59,000.00 |
| 2 | Process Fee (Inc. Publication) | 100.00 |
| 3 | Advocate Fee | 1,250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5. | Miscellaneous Charges | NIL |
| Total | 60,350.00 |
Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
8
OA No. 524 of 2022
15.06.2023
Counsel:
Sh. Ashish Tiwari, Counsel for Applicant Bank Defendants are exparte
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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
9
OA No. 524 of 2022
15.06.2023
Counsel:
Sh. Ashish Tiwari, Counsel for Applicant Bank Defendants are exparte
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.
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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
SS
10
OA No. 524 of 2022
DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 524 of 2022
The Recovery Certificate prepisd in compliance of order dated 15.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 524 of 2022 Title IDBI Bank Ltd. Vs Vision Effect Technosolution Pvt Ltd & Ors. has been checked and may be verified.
Section Officer
Assistant Registrar
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.
Assistant Registrar
Hon’ble Presiding Officer
SS
IDBI Bank Limited
Vision Effect Technosolutions Pvt. Ltd.
Smt. Vijay Laxmi Mathur
Kumari Shanvi Mathur
Shri Shashwat Mathur
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
