The Debt Recovery Tribunal allowed the bank's application for recovery of dues totaling Rs. 25.40 Lakhs, directing payment with 8.30% interest and_attachment of mortgaged and personal assets. A Recovery Certificate was directed to be issued.
Defendants directed to pay Rs. 25,40,070 with 8.30% interest. Mortgage and personal assets attachable. Recovery Certificate to be issued.
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.
DEBTS RECOVERY TR!BUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Original Application No. - 1187122
lDBl Bank Ltd., Malay Heights, Mahadev Ghat Road, Sundar Nagar, Raipur (C.G.) 492013 Appticant
Versus
07\ Mrs. Disha Jain, W/o Mr. Navratan Jain, R/o F.N.-502-5th F[oor, Btock-B, Raj Tower, Kh. No.-19912/10, 13, PH No.-106(A), RNM Raipur, Ward No.-62, Mahamaya Mandir Ward, Mauja-Raipur, Distt.-Raipur (C.G. ) 492001 ..... Defendants Counsel for the Appticant : Shri Amit Garg, Advocate Defendants : Ex-parte JUDGMENT lD a te d : T7-D ec e m b e r, 20 2 4 )
2
oA i87/22
atso created equitabte mortgage overthe immovableproperty, i.e., At[ the piece and parcet of property situated at F.N'-502-5th Floor, Btock'B,Raj Tower, Kh. No.-19912/10,'13, PH No.-106(A),RNM Raipur, WardNo'-62, Mahamaya Mandir Ward,Mauja-Raipur, Distt.-Raipur(C.G.); betonging to Defendant No.-1. The Defendants avaited the credit facititiesbut faited to tiquidate the outstanding dues despite issuance ofremainders inctudingon 14102120 and initiation of action under the Securitisation Act bythe Applicant Bank. The Appticant-Bank has retied upon the documents atEx A-'l to A-11 which wereproved by Shri Abhishek Kumar Gupta, AGM and Branch Head.
i) The Defendants do pay jointty and severatty Rs. 25,40,070,00 (Rupees Twenty Five Lakh, Fourty Thousand and Seventy onty) together with pendentelite and future interest @8.30% per annum simpte from the date of fiting of the OA, i.e.,29109127, with costs ti[[ its reatization.
ii) The Appticant Bank is entitled to se[ the mortgaged as we[[ as personal properties and assets of the Defendants for reatization of its dues. The Defendants are hereby restrained by means of injunction from depleting, transferring, encumbering, atienating or in any way deating with their properties / assets without first paying the claim of the Applicant Bank.
3
oA 1187122
iii) A Recovery Certificate be issued uls 19122) of Recovery of Debts and Bankruptcy Act. The applicant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this'17th Day of December,2074.
#
)\ (Ra m iwas Pate[) Presidine Off!cer
2 issues framed by the court
Whether the defendants are jointly and severally liable to pay the claim amount along with interest and costs.
Whether the mortgaged property and personal assets are attachable for recovery of dues.
2 provisions across 1 enactments
IDBI Bank Ltd.
Navratna Jain
Disha Jain
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
