The Debts Recovery Tribunal decreed the original application filed by RBL Bank Limited for recovery of Rs. 2,07,46,280/- along with interest from the defendants, directing the attachment of their mortgaged and personal properties.
Decree of recovery of Rs. 2,07,46,280/- along with interest @ 6% p.a. from mortgaged and personal properties of the defendants.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 2 S |
3.04.2 r. No. |
024 54 O.A.NO. 124/2022 |
|---|---|---|
| Classific ation |
No. of Exh. |
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| ORIGINAL APPLICATION NO. 124/2022 RBL Bank Limited .. Applicant Versus M/s Kapil Trading Company & others .. Defendants Mr. Vakil Satyajit R – Advocate for the applicant. Mr. Jethliya Dhiraj R – Advocate for defendant nos. 2, 3 & 4 Mr. V.R.Patil – Advocate for defendant no.1 |
||
| 1. This is Original Application filed for recovery of Rs.2,07,46,280/- due as on 31.12.2021. 2. In this matter the defendant nos.2 & 3 are the guarantors of the loan along with defendant no.4 as corporate guarantor. 3. Summons was served to defendant nos. 1 to 4. The defendant no.1 has filed written statement at Exhibit 12. Written statement was filed by defendant nos. 2 to 4 with delay which was permitted to taken on record. 4. The combine reading of the written statement shows that the taking of the loan has been admitted by the defendants. It is submitted that the applicant bank has not sanctioned the agricultural loan to defendant no.1. It is admitted that the agricultural loan is not sanctioned and it is not within the purview of this Tribunal and other allegations about agricultural loan cannot be considered. 5. It is submitted that the bank is hand-in-glove with the defendant no.4 and trying to shift the liability to the defendant no.1. It is also submitted that the account was not classified as NPA till 04.02.2021. For filing Original Application there is no necessity for an account to be NPA. 6. There is a mere denial of everything in the written statement. Nothing has been placed on record to justify the same. The written statement filed by the defendant nos. 2 & 3 also is mere denial. 7. Heard the arguments advanced by the applicant. The applicant bank has filed claim affidavit and prove its claim. The claim |
[APK] (OA No.124/2022) Page 1 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
of the applicant goes uncontroverted and un-rebutted. In view of the above, I pass the following order :
ORDER
2. Leased land on Survey No - 182, Plot No F-32, Chhatrapati Shivaji Maharaj Vyapari Sankul, Jalna, Maharashtra (30 years lease from APMC) admeasuring 152.5 sq mts. along with buildings and structures thereto owned by Defendant No.2.
4. Vested interest of Defendant No.2 in the property i.e. Gut 144, khata 823 and Gut 13, khata 4410 situated at Indewadi village, Jalna, Maharashtra owned by Mr. Omprakash Mintri.
5. Following shareholding of Defendant No.2 a. 6% shareholding of Defendant No.2 in Abhay Nutrition Private Limited.
b. 30% shareholding in Om Megastructure Limited Jalna Private
[APK] (OA No.124/2022) Page 2 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| d. 7.6% shareholding in Bhakti Extractions Private Limited |
|---|
| e. 19% shareholding in Adinath Stock Broking Private Limited. |
| f. 9.5% equity shares and 46.5% preference shares in Geeta Refinery Private Ltd. |
| 6. 7.5% shareholding held by Defendant No.3 in Bhakti Extractions. |
| 7. Gat 40, Division no 3.106, admeasuring 62.5 Are Daregaon MIDC, Daregaon village, Jalna, Maharashtra owned by Defendant No.4 |
| 8. Gut 41, bungalow no. 50, "50 Greens" society, admeasuring 305 sq mts, Satara village, Aurangabad, Maharashtra owned by Defendant No.4. |
| D. The Recovery Officer to proceed with the personal properties of the defendants by attaching the same. |
| E. Any amount recovered during pendency of Original Application shall be reduced and demand notice shall be issued accordingly. |
| F. Issue Recovery Certificate accordingly against defendants. |
| G. The Registrar to send the copy of judgment and Recovery Certificate to the applicant and defendants. |
| H. Consign the file to the Record Room and orders be uploaded on official web-site. |
| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (OA No.124/2022) Page 3 of 3
1 issue framed by the court
Whether the unpaid loan amount is recoverable from the defendants.
RBL Bank Limited
M/s Kapil Trading Company
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
