Allowed

State Bank of India v. Sri P Sakthivel

DRT5 Aug 2023TA/558/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an interlocutory application filed by the bank appyling for appointment of an Advocate Commissioner to inspect original documents in the custody of City Crime Branch for verification and comparison with copies filed in the recovery case.

What did the court decide?

Appointment of Sh.Akshai Mani as Advocate Commissioner to inspect, compare, and verify original documents in custody of City Crime Branch-I, Chennaui, with report due by 06.10.2023.

State Bank of India versus Sri P Sakthivel — Banking and Recovery | DRT (2023)

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IA No.940/23 in TA No.558/2023

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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.940/2023 in TA No.558/2023

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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 Vs Sh. P. Sakthivel S/o Sri Palanisamy No.46/10, Bharatheshwarar Colony 4^th Street, Kodambakkam Chennai – 600 024 ..... 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 City Crime Branch-I, Chennai in FIR No.246/03/09/2019.

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IA No.940/23 in TA No.558/2023

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05.08.2023

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OA is filed by applicant bank for recovery of a sum of Rs.35,37,220/- in respect of Housing Loan facility, together with future interest at the rate of 9.70% 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 07.02.2019. 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 CCB-I, Chennai in FIR No.No.246/03/09/2019 has been lodged and further the original documents were handed over to the CCB, 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-I, Chennai.

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In the circumstances pleaded, IA No.940/23 is allowed and Sh.Akshai Mani, 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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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.940/23 in TA No.558/2023

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05.08.2023

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bank, as well as to the officials of CCB-I, 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/- (GANAPATHI K.R.K) PRESIDING OFFICER

State Bank of India v. Sri P Sakthivel

Case brief

What is this about?

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State Bank of India v. Sri P Sakthivel

Case brief

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