Allowed

State Bank of India v. M S Ladli G Fashion

DRT9 Jan 2023OA/77/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of Rs. 66,62,677/- from a defaulted loan account. The defendants were declared jointly and severally liable, and a Recovery Certificate was issued under Section 22 of the RDBFI Act, 1993.

What did the court decide?

Defendants declared jointly liable to pay Rs. 66,62,677/- with future interest; Recovery Certificate issued for recovery via sale of assets or other properties; costs awarded to applicant.

State Bank of India versus M S Ladli G Fashion — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 77 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. 77 OF 2022

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DATE OF DELIVERY OF ORDER 09.01.2023

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STATE BANK OF INDIA

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Branch Office – Trimurty Circle, JLN Marg, Jaipur its Chief Manager Smt. Poonam Rao

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…..Applicant Bank…..

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VERSUS

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1. M/S LADLI G FASHION

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A proprietorship firm through its proprietor

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Smt. Neha Garg W/o Sh. Nikhil Garg,

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2277, Devdas Ki Bagichi,

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Khazanewalo Ka Rasta, Jaipur

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2. SMT. NEHA GARG

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W/o Sh. Nikhil Garg,

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Proprietor of M/s Ladli G Fashion

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R/o House No. 4 BA 7, Jawahar Nagar,

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Jaipur

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……Defendants…..

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Counsel for the Applicant Bank Shri Anil K. Sharma Defendants Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 01.01.2022 for recovery of an amount of Rs 66,62,677/- with pendentlite and future interest and cost.

OA No. 77 of 2022

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 was proceeded ex parte on 10.11.2022..

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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/15 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. 77 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. 66,62,677/- (Rupees Sixty Six Lac Sixty Two Thousand Six Hundred Seventy Seven Only) with future interest @ 9.65%, p.a. (Simple) from 01.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets 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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1. The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

OA No. 77 of 2022

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.04.2023 .

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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

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Order pronounced in the open court today i.e. 09.01.2023 .

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

OA No. 77 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. 77 OF 2022

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DATE OF DELIVERY OF ORDER 09.01.2023

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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 – Trimurty Circle, JLN Marg, Jaipur

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its Chief Manager Smt. Poonam Rao

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…..Applicant Bank…..

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VERSUS

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1. M/S LADLI G FASHION

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A proprietorship firm through its proprietor

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Smt. Neha Garg W/o Sh. Nikhil Garg,

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2277, Devdas Ki Bagichi,

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Khazanewalo Ka Rasta, Jaipur

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2. SMT. NEHA GARG

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W/o Sh. Nikhil Garg,

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Proprietor of M/s Ladli G Fashion

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R/o House No. 4 BA 7, Jawahar Nagar,

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Jaipur

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……Defendants…..

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Recovery Certificate for Rs. 66,62,677/-

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In terms of final order dated 09.01.2023 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. 66,62,677/- (Rupees Sixty Six Lac Sixty Two Thousand Six Hundred Seventy Seven Only) with future interest @

OA No. 77 of 2022

9.65%, p.a. (Simple) from 01.01.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets 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. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.04.2023 .

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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 09.01.2023 .

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

OA No. 77 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. 77 OF 2022

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DATE OF DELIVERY OF ORDER 09.01.2023

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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 – Trimurty Circle, JLN Marg, Jaipur

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its Chief Manager Smt. Poonam Rao

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…..Applicant Bank…..

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VERSUS

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1. M/S LADLI G FASHION

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A proprietorship firm through its proprietor

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Smt. Neha Garg W/o Sh. Nikhil Garg,

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2277, Devdas Ki Bagichi,

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Khazanewalo Ka Rasta, Jaipur

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2. SMT. NEHA GARG

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W/o Sh. Nikhil Garg,

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Proprietor of M/s Ladli G Fashion

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R/o House No. 4 BA 7, Jawahar Nagar, Jaipur

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	69,000.00
2	Process Fee (Inc. Publication)	107.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	70,357.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 77 of 2022

09.01.2023

Counsel:

Sh. ANIL K. SHARMA, Counsel for the 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. 77 of 2022

09.01.2023

Counsel: Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendants are exparte

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The Tribunal vide order dated 09.01.2023 , 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 09.01.2023 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. 77 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 77 of 2022

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The Recovery Certificate prepisd in compliance of order dated 09.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 77 of 2022 Title State Bank of India Vs M/s Ladli G Faishon & Anr. 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 Ladli G Fashion

Case brief

What is this about?

What did the court decide?

State Bank of India v. M S Ladli G Fashion

Case brief

What is this about?

What did the court decide?

What the court decided

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