Allowed

State Bank of India v. Sh Khetpal

DRT12 Jan 2023OA/64/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal passed an order allowing an original application filed by State Bank of India for the recovery of around Rs. 22.82 lakh with interest and costs, declaring the defendant liable and issuing a recovery certificate.

What did the court decide?

Recovery Certificate for Rs. 22,82,622 with future interest and costs, authorizing sale of hypothecated assets and mortgaged properties for debt recovery.

State Bank of India versus Sh Khetpal — Contract and Commercial Disputes | DRT (2023)

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“ORIGINALAPPLICATION” No. 64 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. 64 OF 2022

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DATE OF DELIVERY OF ORDER 12.01.2023

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STATE BANK OF INDIA

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Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

…..Applicant Bank…..

VERSUS

SH. KHETPAL

S/o Sh. Roop Ram

R/o Village 10 MMK Dhani, Post Dholipal, Tehsil & Dist. Hanumangarh (Raj.) 335064 Also at Ward No. 9, Near Dera, DLP, Post Dholipal, Tehsil & Dist. Hanumangarh (Raj.) 335064

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……Defendant…..

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Counsel for the Applicant Bank Shri Jayant V. Jaipuria Defendant Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 24.12.2021 for recovery of an amount of Rs 22,82,622/- with pendentlite and future interest and cost.

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As per O.A., Defendant approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendant. Defendant failed to maintain financial discipline and therefore, their loan account was classified as

OA No. 64 of 2022

NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendant.

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Defendant were proceeded ex parte on 07.07.2022.

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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/13 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 64 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 22,82,622/- (Rupees Twenty Two Lac Eighty Two Thousand Six Hundred Twenty Two Only) with future interest @ 10.60%, p.a. (Simple) from 24.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Crops and Assets and mortgaged properties –

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Agricultural Land at Khasra No.Chak No.10 MMK Tahsil Hanumangarh Khata No.12/23 Sq.No.12 Khasara No.5,6(0.456 Hectare), Sq.No.13 Khasara No.1,2,6 to 20,22 to 24 (4.985 Hectare) Sq.No.22 Khasara No2 to 5(0.912 Hectare) & Gari Mumkin 0.228 Hectare Total area admeasuring 6.581 Hectare Situated at 10 MMK Dhani, Post Dholipal, Tehsil & Dist.Hanumangarh (Raj.) as well as from the personal movable and immovable properties/assets of Defendant. 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.

OA No. 64 of 2022

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 12.04.2023 .

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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) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 12.01.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 64 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. 64 OF 2022

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DATE OF DELIVERY OF ORDER 12.01.2023

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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 – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

…..Applicant Bank…..

VERSUS

SH. KHETPAL

S/o Sh. Roop Ram

R/o Village 10 MMK Dhani, Post Dholipal,

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Tehsil & Dist. Hanumangarh (Raj.) 335064 Also at Ward No. 9, Near Dera, DLP, Post Dholipal, Tehsil & Dist. Hanumangarh (Raj.) 335064

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……Defendant…..

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Recovery Certificate for Rs. 22,82,622/-

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In terms of final order dated 12.01.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 22,82,622/- (Rupees Twenty Two Lac Eighty Two Thousand Six Hundred Twenty Two Only) with future interest @ 10.60%, p.a. (Simple) from 24.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Crops and Assets and mortgaged properties –

OA No. 64 of 2022

Agricultural Land at Khasra No.Chak No.10 MMK Tahsil Hanumangarh Khata No.12/23 Sq.No.12 Khasara No.5,6(0.456 Hectare), Sq.No.13 Khasara No.1,2,6 to 20,22 to 24 (4.985 Hectare) Sq.No.22 Khasara No2 to 5(0.912 Hectare) & Gari Mumkin 0.228 Hectare Total area admeasuring 6.581 Hectare Situated at 10 MMK Dhani, Post Dholipal, Tehsil & Dist.Hanumangarh (Raj.) as well as from the personal movable and immovable properties/assets of Defendant. 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 12.04.2023 .

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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 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 12.01.2023 .

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

OA No. 64 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. 64 OF 2022

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DATE OF DELIVERY OF ORDER 12.01.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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STATE BANK OF INDIA

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Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

…..Applicant Bank…..

VERSUS

SH. KHETPAL

S/o Sh. Roop Ram R/o Village 10 MMK Dhani, Post Dholipal, Tehsil & Dist. Hanumangarh (Raj.) 335064 Also at Ward No. 9, Near Dera, DLP, Post Dholipal, Tehsil & Dist. Hanumangarh (Raj.) 335064

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	25,000.00
2	Process Fee (Inc. Publication)	78.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	26,328.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 64 of 2022

12.01.2023

Counsel:

Sh. JAYANT V. JAIPURIA, Counsel for the Applicant Bank Defendant is 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. 64 of 2022

12.01.2023

Counsel:

Sh. JAYANT V. JAIPURIA, Counsel for the Applicant Bank Defendant is exparte

¶100

The Tribunal vide order dated 12.01.2023 , 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 12.01.2023 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.

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

OA No. 64 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 64 of 2022

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The Recovery Certificate prepisd in compliance of order dated 12.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 64 of 2022 Title State Bank of India Vs Sh. Khetpal 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. Sh Khetpal

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Khetpal

Case brief

What is this about?

What did the court decide?

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