Allowed

Hdfc Bank v. Mr Phool Chand

DRT16 Jun 2023OA/928/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the original application filed by HDFC Bank Limited for recovery of Rs. 37,98,818.35. The Court held the defendants jointly and severally liable to pay the dues with future interest and costs, and issued a recovery certificate authorized for sale of assets.

What did the court decide?

Defendants ordered to pay Rs. 37,98,818.35 with future interest and costs; Recovery Certificate issued for recovery via asset sale.

Hdfc Bank versus Mr Phool Chand — Contract and Commercial Disputes | DRT (2023)

¶1

“ORIGINALAPPLICATION” No. 928 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. 928 OF 2022

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DATE OF DELIVERY OF ORDER 16.06.2023

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HDFC BANK LIMITED

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Branch Office – 4^th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur - 302023

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…..Applicant Bank…..

¶9

VERSUS

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1. MR. PHOOL CHAND

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S/o Mr. Kana Ram

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R/o Ward No. 1, Dhani Janiyawali Aaledi Jodi,

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Rampura Road, Shahpura, Jaipur 303103 Rajasthan

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2. MR. MUKESH KUMAR JANIYA

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S/o Bhanwar Lal Janiya

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R/o Ward No. 1, Janiya Ki Dhani,

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Shahpura, Jaipur 303103 Rajasthan

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……Defendants…..

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Counsel for the Applicant Bank Sh. Mukesh Chand Sharma 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 01.08.2022 for recovery of outstanding amount of Rs. 37,98,818.35 from the Defendants.

¶23

As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, credit

OA No. 928 of 2022

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 28.03.2023.

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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/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.

¶32

In the result, this O.A. No. 928 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. 37,98,818.35 (Rupees Thirty Seven Lac Ninety Eight Thousand Eight Hundred Eighteen and Thirty Five Paisa only) with future interest @ 24% p.a. from 01.08.2022 till the date of realization.

¶34

b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets -(1) CVWCTL-GECL (2) Commercial Vehicle – Model TATA 4923, Chassis No. MAT704121JAA00865 Engine No. 81A84441533 Regn. No. RJ52GA4257 (3) Commercial Vehicle – 3AXLE 40 FT, (4) Commercial Vehicle – Model : TATA LPS 4018, Chassis No. MAT447264JAJ21542, Engine No. 81J84820939 Regn. No. : RJ52GA9439 (5) Commercial Vehicle – Model: TATA LPS 4018, Chassis No. MAT447264K5B02977, Engine No. 91A84858212 Regn. No. RJ52GA5653, (6)

OA No. 928 of 2022

Commercial Vehicle – 3AXLE40 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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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 16.09.2023 .

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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

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Order pronounced in the open court today i.e. 16.06.2023 .

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

OA No. 928 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. 928 OF 2022

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DATE OF DELIVERY OF ORDER 16.06.2023

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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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HDFC BANK LIMITED

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Branch Office – 4^th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur - 302023

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…..Applicant Bank…..

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VERSUS

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1. MR. PHOOL CHAND

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S/o Mr. Kana Ram

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R/o Ward No. 1, Dhani Janiyawali Aaledi Jodi,

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Rampura Road, Shahpura, Jaipur 303103 Rajasthan

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2. MR. MUKESH KUMAR JANIYA

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S/o Bhanwar Lal Janiya

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R/o Ward No. 1, Janiya Ki Dhani, Shahpura, Jaipur 303103 Rajasthan

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……Defendants…..

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Recovery Certificate for Rs. 37,98,818.35

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In terms of final order dated 16.06.2023 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. 37,98,818.35 (Rupees Thirty Seven Lac Ninety Eight Thousand Eight Hundred Eighteen and Thirty Five Paisa only)

OA No. 928 of 2022

with future interest @ 24% p.a. from 01.08.2022 till the date of realization.

¶75

b) The applicant bank is entitled to recover the above amount by sale of hypothecated assets -(1) CVWCTL-GECL (2) Commercial Vehicle – Model TATA 4923, Chassis No. MAT704121JAA00865 Engine No. 81A84441533 Regn. No. RJ52GA4257 (3) Commercial Vehicle – 3AXLE 40 FT, (4) Commercial Vehicle – Model : TATA LPS 4018, Chassis No. MAT447264JAJ21542, Engine No. 81J84820939 Regn. No. : RJ52GA9439 (5) Commercial Vehicle – Model: TATA LPS 4018, Chassis No. MAT447264K5B02977, Engine No. 91A84858212 Regn. No. RJ52GA5653, (6) Commercial Vehicle – 3AXLE40 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 16.09.2023 .

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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 16.06.2023 .

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

OA No. 928 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶85

PRESENT- SHRI VIVEK SAXENA

¶86

PRESIDING OFFICER

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O.A. NO. 928 OF 2022

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DATE OF DELIVERY OF ORDER 16.06.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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HDFC BANK LIMITED

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Branch Office – 4^th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur - 302023

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…..Applicant Bank…..

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VERSUS

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1. MR. PHOOL CHAND

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S/o Mr. Kana Ram

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R/o Ward No. 1, Dhani Janiyawali Aaledi Jodi,

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Rampura Road, Shahpura, Jaipur 303103 Rajasthan

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2. MR. MUKESH KUMAR JANIYA

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S/o Bhanwar Lal Janiya

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R/o Ward No. 1, Janiya Ki Dhani,

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Shahpura, Jaipur 303103 Rajasthan

¶103

……Defendants…..

¶104

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	40,000.00
2	Process Fee (Inc. Publication)	320.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	41,570.00

¶105

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 928 of 2022

16.06.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for Applicant Bank Defendants are ex parte

¶112

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.

¶113

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

OA No. 928 of 2022

16.06.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for Applicant Bank Defendants are ex parte

¶120

The Tribunal vide order dated 16.06.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶121

The Registrar vide order dated 16.06.2023 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.

¶122

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

OA No. 928 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 928 of 2022

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The Recovery Certificate prepisd in compliance of order dated 16.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 928 of 2022 Title HDFC Bank Ltd. Vs Phool Chand & 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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Hdfc Bank v. Mr Phool Chand

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Mr Phool Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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