Allowed

Yes Bank v. B R Godara Construction Company

DRT17 Jun 2023OA/841/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the original application filed by Yes Bank Limited for recovery of dues. The tribunal declared the defendants jointly and severally liable to pay the outstanding loan amount with interest and costs, and issued a recovery certificate.

What did the court decide?

Recovery Order declared defendants jointly and severally liable to pay Rs. 42,24,182.63 with future interest and costs; Recovery Certificate issued.

Yes Bank versus B R Godara Construction Company — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 841 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. 841 OF 2022

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DATE OF DELIVERY OF ORDER 17.06.2023

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YES BANK LIMITED

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Branch Office – Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur - 302001

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…..Applicant Bank…..

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VERSUS

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1. B.R. GODARA CONSTRUCTION COMPANY Proprietor Shri Bhanwara Ram

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Office at Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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2. SHRI BHANWARA RAM S/o Sh. Babu Lal

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R/o Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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3. SMT. NIJRO DEVI

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W/o Sh. Bhanwara Ram R/o Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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……Defendants…..

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Counsel for the Applicant Bank Sh. Avinash Kumbhar & Sh. Pramod Kumar Defendants Ex parte

JUDGMENT

OA No. 841 of 2022

This Original Application was filed by the applicant bank on 11.07.2022 for recovery of outstanding amount of Rs. 42,24,182.63 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 were proceeded ex parte on 18.04.2023.

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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/12 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.

¶30

In the result, this O.A. No. 841 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. 42,24,182.63 (Rupees Forty Two Lac Twenty Four Thousand One Hundred Eighty Two and Sixty Three Paisa only) with future interest as per agreed rate of interest from 11.07.2022 till the date of realization.

¶32

b) The applicant bank is entitled to recover the above amount by sale of hypothecated Construction Equipment : Sany Excavator 210 C, Engine No. 21SE21A0119101, Chasis No. 21SE21A0119101 as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank

OA No. 841 of 2022

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.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 19.09.2023 .

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

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Order pronounced in the open court today i.e. 17.06.2023 .

OA No. 841 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. 841 OF 2022

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DATE OF DELIVERY OF ORDER 17.06.2023

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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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YES BANK LIMITED

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Branch Office – Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur - 302001

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…..Applicant Bank…..

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VERSUS

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1. B.R. GODARA CONSTRUCTION COMPANY

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Proprietor Shri Bhanwara Ram Office at Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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2. SHRI BHANWARA RAM

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S/o Sh. Babu Lal

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R/o Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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3. SMT. NIJRO DEVI

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W/o Sh. Bhanwara Ram

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R/o Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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……Defendants…..

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Recovery Certificate for Rs. 42,24,182.63

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In terms of final order dated 17.06.2023 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. 42,24,182.63

OA No. 841 of 2022

(Rupees Forty Two Lac Twenty Four Thousand One Hundred Eighty Two and Sixty Three Paisa only) with future interest as per agreed rate of interest from 11.07.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Construction Equipment : Sany Excavator 210 C, Engine No. 21SE21A0119101, Chasis No. 21SE21A0119101 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 19.09.2023 .

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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 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 17.06.2023 .

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

OA No. 841 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. 841 OF 2022

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DATE OF DELIVERY OF ORDER 17.06.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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YES BANK LIMITED

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Branch Office – Ground Floor, Plot No. O-19-A, Ashok Marg, C-Scheme, Jaipur - 302001

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…..Applicant Bank…..

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VERSUS

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1. B.R. GODARA CONSTRUCTION COMPANY

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Proprietor Shri Bhanwara Ram Office at Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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2. SHRI BHANWARA RAM

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S/o Sh. Babu Lal

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R/o Godaro Ki Dhaniya, Pattasar,

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Barmer, Rajasthan

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3. SMT. NIJRO DEVI

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W/o Sh. Bhanwara Ram R/o Godaro Ki Dhaniya, Pattasar, Barmer, Rajasthan

……Defendants…..

		OA No. 841 of 2022
S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	45,005.00
2	Process Fee (Inc. Publication)	213.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	46,468.00

¶108

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 841 of 2022

17.06.2023

Counsel:

Sh. Avinash Kumbhaj & Sh. Pramod Kumar, Counsel for Applicant Bank Defendants are ex parte

¶115

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.

¶116

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

OA No. 841 of 2022

17.06.2023

Counsel:

Sh. Avinash Kumbhaj & Sh. Pramod Kumar, Counsel for Applicant Bank Defendants are ex parte

¶123

The Tribunal vide order dated 17.06.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶124

The Registrar vide order dated 17.06.2023 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. 841 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 841 of 2022

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The Recovery Certificate prepisd in compliance of order dated 17.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 841 of 2022 Title Yes Bank Limited Vs B.R. Godara Construction Company & 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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Yes Bank v. B R Godara Construction Company

Case brief

What is this about?

What did the court decide?

Yes Bank v. B R Godara Construction Company

Case brief

What is this about?

What did the court decide?

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