Allowed

State Bank of India v. Jayashree S

DRT19 Aug 2023TA/1642/2023

Case brief

AI extract

What is this about?

In a debt recovery application, the Tribunal allowed an interlocutory application seeking appointment of an Advocate Commissioner to verify documents held in the CBI's custody against copies filed by the bank, fixing fees and reporting timelines.

What did the court decide?

Appointment of Sh. T.M. Surendhar as Advocate Commissioner to inspect documents in CBI custody; fee fixed at Rs.10,000/-; report due by 09.10.2023.

State Bank of India versus Jayashree S — Execution and Attachment | DRT (2023)

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IA No.1011/23 in TA No.1642/2023

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19.08.2023

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 19^th day of August, 2023

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Present: Shri Ganapathi K.R.K Presiding Officer

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IA No.1011/2023 in TA No.1642/2023

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State Bank of India, RASMECC Branch, 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 – 600 018. ….Petitioner Vs Sh. N. Jayashree, D/o.S.Lakshmanan, No.78/39, 2^nd Link Street, TVK Salai, Thiruvalluvar Nagar, Kodungaiyur, Chennai – 600 118. ..... Respondent

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Counsels on record / appeared:

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Counsel for Applicant : M/s.P.H.Vinodh Pandian.

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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.1011/23 in TA No.1642/2023

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19.08.2023

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OA is filed by applicant bank for recovery of a sum of Rs.24,56,263/- in respect of Housing Loan facility together with future interest at the rate of 9.5% 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 28.07.2021. 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 19.08.2023. 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 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 CBI, ACB, Chennai.

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In the circumstances pleaded, IA No.1011/23 is allowed and Sh.T.M.Surendhar, 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, 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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IA No.1011/23 in TA No.1642/2023

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19.08.2023

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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 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 09.10.2023. Accordingly, Registry is directed to issue warrant to the Advocate Commissioner.

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Call on 09.10.2023 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 19^th day of August, 2023)

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Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER

State Bank of India v. Jayashree S

Case brief

What is this about?

What did the court decide?

State Bank of India v. Jayashree S

Case brief

What is this about?

What did the court decide?

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