Allowed

Hdfc Bank v. Hanuman Shay

DRT17 Jun 2023OA/930/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's original application for recovery of Rs. 95,10,373.51 owed by the respondents. The court declared the respondents jointly liable, granted authority to recover dues via sale of hypothecated commercial vehicles and personal assets, and directed issuance of a recovery certificate.

What did the court decide?

Respondents declared jointly and severally liable to pay Rs. 95,10,373.51 with future interest; recovery authorized via sale of specified commercial vehicles and personal assets.

Hdfc Bank versus Hanuman Shay — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 930 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. 930 OF 2022

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DATE OF DELIVERY OF ORDER 17.06.2023

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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…..

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VERSUS

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1. MR. HANUMAN SHAY YADAV

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S/o Mr. Sita RamYadav

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R/o Ward No. 9, Dhani – Chhatari Wali Rajpur,

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Shahpura, Jaipur – 303103, Rajasthan

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2. MR. KAILASH CHANDRA YADAV

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S/o Sita RamYadav

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R/o Rajpura, Shahpura, Jaipur – 303103, Rajasthan

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……Defendants…..

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Counsel for the Applicant Bank Sh. Mukesh Chand Sharma None for the Defendants

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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. 95,10,373.51 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

OA No. 930 of 2022

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 29.03.2023.

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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/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.

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In the result, this O.A. No. 930 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. 95,10,373.51 (Rupees Ninety Five Lac Ten Thousand Three Hundred Seventy Three and Fifty One Paisa only) with future interest @ 24% p.a. from 01.08.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Commercial Vehicles – 83320377 Model : TATA 4923, Chassis No. MAT704121J3D14027, Engine No. 1SBE59230481D63690238, Regn No. RJ52GB0647 83320382 3 AXLE 40 FT, 83320390 Model : TATA 4923, Chassis No. MAT704121J3D13691, Engine No. 1SBE592304081D63689835, Regn No. RJ52GB0047 83320395 Model : TATA 4923, Chassis No. MAT704121JAE12839, Engine No. 81C84461116, Regn No. RJ52GB0447 83320397 Model : TATA 4923, Chassis No.

OA No. 930 of 2022

MAT704121JAE12799, Engine No. 81E84480951, Regn No. RJ52GB0164 83320399 Model : TATA 4923, Chassis No. MAT704121JAE12797, Engine No. 81E84480949, Regn No. RJ52GB1347 83320402 3 AXLE 40 FT, 83320403 3 AXLE 40 FT, 83320405 3 AXLE 40 FT, 83320406 3 AXLE 40 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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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

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

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

OA No. 930 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. 930 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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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. HANUMAN SHAY YADAV

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S/o Mr. Sita RamYadav

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R/o Ward No. 9, Dhani – Chhatari Wali Rajpur,

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Shahpura, Jaipur – 303103, Rajasthan

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2. MR. KAILASH CHANDRA YADAV

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S/o Sita RamYadav

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R/o Rajpura, Shahpura, Jaipur – 303103, Rajasthan

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……Defendants…..

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Recovery Certificate for Rs. 95,10,373.51

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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. 95,10,373.51 (Rupees Ninety Five Lac Ten Thousand Three Hundred Seventy Three and Fifty One Paisa only) with future interest @ 24% p.a. from 01.08.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated Commercial Vehicles – 83320377 Model : TATA 4923, Chassis

OA No. 930 of 2022

No. MAT704121J3D14027, Engine No. 1SBE59230481D63690238, Regn No. RJ52GB0647 83320382 3 AXLE 40 FT, 83320390 Model : TATA 4923, Chassis No. MAT704121J3D13691, Engine No. 1SBE592304081D63689835, Regn No. RJ52GB0047 83320395 Model : TATA 4923, Chassis No. MAT704121JAE12839, Engine No. 81C84461116, Regn No. RJ52GB0447 83320397 Model : TATA 4923, Chassis No. MAT704121JAE12799, Engine No. 81E84480951, Regn No. RJ52GB0164 83320399 Model : TATA 4923, Chassis No. MAT704121JAE12797, Engine No. 81E84480949, Regn No. RJ52GB1347 83320402 3 AXLE 40 FT, 83320403 3 AXLE 40 FT, 83320405 3 AXLE 40 FT, 83320406 3 AXLE 40 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 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. 930 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 930 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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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. HANUMAN SHAY YADAV

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S/o Mr. Sita RamYadav

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R/o Ward No. 9, Dhani – Chhatari Wali Rajpur,

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Shahpura, Jaipur – 303103, Rajasthan

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2. MR. KAILASH CHANDRA YADAV

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S/o Sita RamYadav

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R/o Rajpura, Shahpura, Jaipur – 303103, Rajasthan

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	98,000.00
2	Process Fee (Inc. Publication)	230.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	99,480.00

¶101

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 930 of 2022

17.06.2023

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

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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. 930 of 2022

17.06.2023

Counsel:

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

¶115

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.

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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. 930 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 930 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. 930 of 2022 Title HDFC Bank Limited Vs Hanuman Shay Yadav & 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. Hanuman Shay

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Hanuman Shay

Case brief

What is this about?

What did the court decide?

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