Allowed

State Bank of India v. Vinesh

DRT5 Aug 2023TA/1005/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an interlocutory application filed by the State Bank of India for the appointment of an Advocate Commissioner. The Commissioner was authorized to inspect original documents of a housing loan dispute held in the custody of CBI, Chennai, and submit a detailed verification report.

What did the court decide?

Appointment of Sh. Adithyan as Advocate Commissioner to inspect documents with CBI; remuneration fixed at Rs. 10,000.

State Bank of India versus Vinesh — Specific Performance | DRT (2023)

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IA No.944/23 in TA No.1005/2023

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05.08.2023

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 05^th day of August, 2023

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Present: Shri Ganapathi K.R.K Presiding Officer

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IA No.944/2023 in TA No.1005/2023

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State Bank of India, Madipakkam Home Branch, No.231, II Floor, N.S.C Bose Road, Chennai – 600 001.

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Migrated to: Assets Recovery Management Branch No.44, Eldams Road Teynampet, Chennai ….Petitioner

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Sh. V. Vinesh S/o Sri Viraman No.4-115, Annai Sathya Nagar, MGR Nagar Kottivakkam, Chennai – 600 046 ..... Respondent

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Counsels on record / appeared:

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Counsel for Applicant : M/s.P.H.Vinothpandian.

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ORDER

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This interlocutory application is filed by petitioner / applicant bank praying to appoint an Advocate Commissioner to inspect the original documents in the custody of CBI, ACB, Chennai in FIR No.RCMA1/2017/A0037 dated 29.12.2017.

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IA No.944/23 in TA No.1005/2023

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05.08.2023

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OA is filed by applicant bank for recovery of a sum of Rs.26,82,374/- in respect of Housing Loan facility, together with future interest at the rate of 9.2% p.a. with monthly rests from the date of application till the date of realization in full.

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In the main OA, defendant was called absent and set ex-parte on 29.11.2021. Despite issuance of copy of IA to respondent / defendant by applicant bank, respondent did not choose to either enter appearance or file any counter.

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This IA was taken up for consideration on 05.08.2023. Perused material documents available on record. It is the case of applicant bank that a criminal complaint against defendant with CBI, ACB, Chennai in FIR No.RCMA1/2017/A0037 dated 29.12.2017 has been lodged and further the original documents were handed over to the CBI, ACB, Chennai. Hence, applicant bank prayed for appointing an Advocate Commissioner for the purpose of verification and comparison of documents contemplated to be marked as exhibits with originals in the custody of CCB, Chennai.

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In the circumstances pleaded, IA No.944/23 is allowed and Sh.Adithyan, Advocate is appointed as Advocate Commissioner for the purpose of inspecting, comparing and verifying the copies of the documents filed along with OA, with the original documents lying in custody of CBI, ACB, Chennai. The remuneration of Advocate Commissioner for the purpose is fixed at Rs.10,000/- to be paid by applicant bank directly and file proof thereof.

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The Advocate Commissioner is directed to issue advance notice about the execution of commands of the warrant to the Ld. counsel appearing for applicant

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IA No.944/23 in TA No.1005/2023

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05.08.2023

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bank, as well as to the officials of CBI, ACB, Chennai, with whom the custody of documents is stated to be submitted by applicant bank and to the defendant by Registered post with acknowledgment due to his last known address and then proceed to verify each and every page of documents including the number of pages, signatures and dates and categorically describe the same document wise in his report.

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Applicant bank is directed to furnish copies of all the pages of the documents to verify and confirm the same in two sets to the Advocate Commissioner for execution of the warrant.

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The Advocate Commissioner is directed to file report by 06.10.2023. Accordingly, Registry is directed to issue warrant to the Advocate Commissioner.

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Call on 06.10.2023 for filing report by the Advocate Commissioner.

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(Dictated to PS, transcribed by her, corrected, signed and processed through E-drt on this the 05^th day of August, 2023)

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Sd/-

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(GANAPATHI K.R.K) PRESIDING OFFICER

State Bank of India v. Vinesh

Case brief

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State Bank of India v. Vinesh

Case brief

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