The tribunal heard a Transfer Application for recovery of loan dues. The bank proved its case via documents and witness testimony against ex-parte respondents. The application was allowed for recovery of the amount along with interest and costs.
Recovery of Rs. 3,19,26,084.05 plus costs and interest at 14.75% p.a.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
T.A. No. 62 of 2023
Decided on : 29.11.2023
Registered on : 01.06.2015
IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI TRANSFER APPLICATION NO. 62 of 2023
CENTRAL BANK OF INDIA , having its Central Office at Chandermukhi, Nariman Point, Mumbai-400 021 and one of its Bandra Kurla Complex branch office situated at Plot No.C-6, B Block, Bandra Kurla Complex Branch (East), Mumbai-400 051, Maharashtra.
...APPLICANT
VERSUS
1. MRS. GODAVARI DEVI NAURANG SINGH YADAV., having her address at B/801, Amogh Vasundhara Co-operative Housing Society, Opp. Utpal School, Above Tata Croma, Juhu Vile Parle (West), Mumbai-400 049.
And
At A/403, Serenity Hights, Opp. Mindspace, off. Link Road, Malad (West), Mumbai-400 064.
And
At Flat No.1305, 13/14th Floor, ‘B’ Wing, Building No.4, Serenity Hights, Link Road, Malad (West), Mumbai-400 064.
And
At B-53/209, Anand Villa, Govt. Housing Scheme, Near Prabodhan Theatre, Siddharth Nagar II, Goregaon (West), Mumbai-400 014.
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T.A. No. 62 of 2023
And
At House No.42, Village – Kundra, Pargana & Tehsil – Purvayan, Banda, DistrictShahjahanpur (U.P.).
And
At Gata No. 1410, 1411, 1412 & 1413, Gram-Band, Pargana & Tehsil – Purwayan, District – Shahjahanpur (U.P.)
2. MR. RAJPAL MUNSHILAL YADAV, having his address at B/801, Amogh Vasundhara Co-operative Housing Society, Opp. Utpal School, Above Tata Croma, Juhu Vile Parle (West), Mumbai-400 049.
And
At A/403, Serenity Hights, Opp. Mindspace, off. Link Road, Malad (West), Mumbai-400 064.
And
At Flat No.1305, 13/14th Floor, ‘B’ Wing, Building No.4, Serenity Hights, Link Road, Malad (West), Mumbai-400 064.
And
At B-53/209, Anand Villa, Govt. Housing Scheme, Near Prabodhan Theatre, Siddharth Nagar II, Goregaon (West), Mumbai-400 014.
And
At House No.42, Village – Kundra, Pargana & Tehsil – Purvayan, Banda, DistrictShahjahanpur (U.P.).
And
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T.A. No. 62 of 2023
At Gata No. 1410, 1411, 1412 & 1413, Gram-Band, Pargana & Tehsil – Purwayan, District – Shahjahanpur (U.P.)
And AT T. P. No. 7/1/2, Gata No.1715 & 1716, Khirneebag, Pargana Sadar, District Shahjahanpur (U.P.).
3. MRS. RADHA RAJPAL YADAV, having her address at B/801, Amogh Vasundhara Cooperative Housing Society, Opp. Utpal School, Above Tata Croma, Juhu Vile Parle (West), Mumbai-400 049.
And
At A/403, Serenity Hights, Opp. Mindspace, off. Link Road, Malad (West), Mumbai-400 064.
And
At Flat No.1305, 13/14th Floor, ‘B’ Wing, Building No.4, Serenity Hights, Link Road, Malad (West), Mumbai-400 064.
And
At B-53/209, Anand Villa, Govt. Housing Scheme, Near Prabodhan Theatre, Siddharth Nagar II, Goregaon (West), Mumbai-400 014. And
At House No.42, Village – Kundra, Pargana & Tehsil – Purvayan, Banda, DistrictShahjahanpur (U.P.).
And
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T.A. No. 62 of 2023
At Gata No. 1410, 1411, 1412 & 1413, Gram-Band, Pargana & Tehsil – Purwayan, District – Shahjahanpur (U.P.)
And
AT T. P. No. 7/1/2, Gata No.1715 & 1716, Khirneebag, Pargana Sadar, District Shahjahanpur (U.P.).
...DEFENDANTS
_____________________________________________
Counsel for the Applicant : Advocate R. J. Singh.
Counsel for the Defendants : Already Ex-Parte
J U D G M E N T
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T.A. No. 62 of 2023
(Rupees Two Crore Thirty Lakh Only) and the Applicant considered the request of the Defendants and sanctioned the Overdraft Credit Facility vide its Sanction Letter dt.20.09.2012 on the terms and conditions mentioned therein.
b. Letter of Continuity.
c. Letter of Waiver.
d. Interest Variation letter.
e. Loan Agreement.
f. Consent clause.
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T.A. No. 62 of 2023
Defendants to regularize the account but Defendants did not pay any heed to such requests. Thereafter, the Applicant issued Legal Notice dated 31.01.2015 and called upon the Defendants to pay the outstanding dues as on 30.06.2013 but they failed to pay the dues. Hence, the present OA/TA has been filed.
O R D E R
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T.A. No. 62 of 2023
period of 60 days, a sum of Rs.3,19,26,084.05 (Rupees Three Crore Nineteen Lakh Twenty Six Thousand Eighty Four and Paise Five only) with all costs, charges and pendent lite interest and future interest at the rate of 14.75% per annum with monthly rests of 2% penal interest from the date of filing of the present OA/TA till its realization.
Copy of this order be sent to the parties as per rules.
File be consigned to record.
Place: Mumbai. Date : 29.11.2023
(Dr. Rekha G. Dhakar) Presiding Officer,
SP/-
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2 issues framed by the court
Whether the case for recovery of outstanding loan dues from the borrowers is established.
Whether the defendants are liable to pay the claimed principal, interest and costs.
Central Bank of India
Mrs. Godavari Devi Naurang Singh Yadav
Mr. Rajpal Munshilal Yadav
Mrs. Radha Rajpal Yadav
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
