Allowed

State Bank of India v. Mangesh Ramesh Garade

DRT21 Mar 2024OA/225/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Aurangabad decreed Original Application No. 225/2023 filed by State Bank Of India against defaulters in a home loan account. The court ordered repayment of the principal sum along with interest, secured by a charge on specified immovable properties.

What did the court decide?

Decree passed for Rs. 24,35,322.94/- plus interest at 8% p.a. Charge created on flat no. 210, Yuvraj Residency. Recovery Officer to attach personal properties and issue Recovery Certificate.

	Sr. No	.38 O.A.No.225/2023
Classific ation	No. of Exh.
		ORIGINAL APPLICATION No.225/2023 State Bank Of India .. Applicant Versus Mangesh Ramesh Garade & others .. Defendants Mrs. Karadkhedkar Archana - Advocate for the applicant. None for defendants 1. The Original Application has been filed for a sum of Rs.24,35,322.94/- along with future interest from 15.05.2023. As per the pleading the loans were granted in the year 2020. 2. It is home loan account along with insurance account and both the accounts became NPA on 03.08.2022. 3. In this matter the counsel for the applicant bank submits that the bank has filed service affidavit of Mr. Sunil Datt (Exhibit-09) and submits that the summons has been served to the defendants by hand along with complete paper book on 09.02.2024 to Mr. Pawar Ramesh Garade who is brother of respondent no.1 and brother-in-law of respondent no.3 4. Despite service of summons, the defendants did not choose to enter appearance either personally or through their Advocate. 5. In these circumstances, it appears that the defendants are not interested in filing the written statement or has nothing to show cause and as such the defendants are hereby set ex- parte. 6. The applicant bank has filed claim affidavit and prove its claim. The claim of the applicant goes uncontroverted and un-rebutted.

Sr. No

.38
O.A.No.225/2023

Classific
ation

No. of
Exh.

ORIGINAL APPLICATION No.225/2023
State Bank Of India
.. Applicant
Versus
Mangesh Ramesh Garade & others
.. Defendants
Mrs. Karadkhedkar Archana - Advocate for the applicant.
None for defendants
1. The Original Application has been filed for a sum of
Rs.24,35,322.94/-
along
with
future
interest
from
15.05.2023. As per the pleading the loans were granted in
the year 2020.
2. It is home loan account along with insurance account and
both the accounts became NPA on 03.08.2022.
3. In this matter the counsel for the applicant bank submits that
the bank has filed service affidavit of Mr. Sunil Datt
(Exhibit-09) and submits that the summons has been served
to the defendants by hand along with complete paper book
on 09.02.2024 to Mr. Pawar Ramesh Garade who is brother
of respondent no.1 and brother-in-law of respondent no.3
4. Despite service of summons, the defendants did not choose
to enter appearance either personally or through their
Advocate.
5. In these circumstances, it appears that the defendants are not
interested in filing the written statement or has nothing to
show cause and as such the defendants are hereby set ex-
parte.
6. The applicant bank has filed claim affidavit and prove its
claim. The claim of the applicant goes uncontroverted and
un-rebutted.

7. In view of the above, I pass the following order : ORDER
A. Original Application No.225/2023 is decreed with costs.
B. The defendants are ordered and directed to pay to the applicant either jointly or severally the aggregate sum of sum of Rs. 24,35,322.94/- along with rate of interest @ 8% p.a. simple from the date of filing of the Original Application till actual payment /realisation.
C. The aforesaid adjudicated amount is secured by the charge on the immovable properties i.e.
All that piece and parcel of flat no. 210, adm. 79.586 sq. mtrs at Yuvraj Residency, situated at plot no. 1/1 survye no 66/3/1, Maliwada, Ahmednagar..
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

7. In view of the above, I pass the following order :
ORDER

A. Original Application No.225/2023 is decreed with costs.

B. The defendants are ordered and directed to pay to the
applicant either jointly or severally the aggregate sum of
sum of Rs. 24,35,322.94/- along with rate of interest @
8% p.a. simple from the date of filing of the Original
Application till actual payment /realisation.

C. The aforesaid adjudicated amount is secured by the charge
on the immovable properties i.e.

All that piece and parcel of flat no. 210, adm. 79.586 sq.
mtrs at Yuvraj Residency, situated at plot no. 1/1 survye
no 66/3/1, Maliwada, Ahmednagar..

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

State Bank of India v. Mangesh Ramesh Garade

Case brief

What is this about?

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State Bank of India v. Mangesh Ramesh Garade

Case brief

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