Allowed

State Bank of India v. M/s Sleepful Matterss

DRT19 Sept 2024OA/336/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal adjudicated an application by the State Bank of India to recover dues of Rs. 1.32 crore from a borrower and guarantors. Relying on banker’s books evidence and affidavits unchallenged by absent or defaulted respondents, the Tribunal allowed the application.

What did the court decide?

Debt of Rs. 1,32,81,217.15 with interest at 13.40% p.a. allowed against respondents jointly and severally; Recovery Certificate issued.

State Bank of India versus M/s Sleepful Matterss — Banking and Recovery | DRT (2024)

DRT, PATN A

OA 336 of 2023 IJI

Debts Recovery Tribunal, Patna

¶5

Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025 Presiding Officer : Shri Kaushalendra Yadav

¶6

OA Case No. 336 of 2023

¶7

State Bank of India, Stressed Assets Recovery Branch, 2-d Floor) Patna Main Branch Building, West of Gandhi Maidan, Patna

¶8

. . . . . . . Applicant

¶9

Vs.

¶10

M/s Sleepful Mattress, Proprietorship Firm Factory at- Sangakara More, Mohammadpur, Bihta Patna Main Road Dist.- Patna801503. Bihar

¶11

Also at- Office- Gl, Sushma Regency, C/o Rani Sinha Lane No.08, Arya Samaj Mandir Road, RPS More, Dist.- Patna-801503. Bihar

¶12

Also at- Office- Flat No. 101, Shanti Complex in front of Hi- Tech Hospital, Saguna Khagaul Main Road, Dist.- Patna- 801503. Bihar.

¶13

Mr. Raju Pathak, Proprietor/ Mortgagor M/s Sleepful Mattress Resident of – B-102, Abhiuday Homes, S. k. Puram, Lallukhatal, Arya Samaj Mandir Road, Danapur cum Khagaul Patna Dist.Patna – 801503 . Bihar.

¶14

Smt. Anju Kumari, Guarantor/ Mortgagor M/s Sleepful Mattress Resident of – B-102, Abhiuday Homes, S. K. Puram, Lallukhatal Arya Samaj Road Danapur, Dist.- 801503

¶15

. . . . . . . Defendants.

¶16

Present:

¶17

For the Applicant For the Defendants

¶18

Shri A.K. Sharan, Advocate Shri Nand Kishore Singh, Advocate

¶19

Dated: 19.09.2024

¶20

JUDGMENT

¶21

The Applicant bank has made this application u/s 19 of the Recovery of Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 23.06.2023 against the defendants to recover its debts from defendants of Rs.1,32,81,217.15 as on 01.06.2023 along with pendentelite and future interest at the contractual rate from 02.06.2023 with costs till realization

OA 336 of 2023 IJI

DRT, PATN A

The application has been filed with the contention that the applicant bank, is a body corporate, carries on the business and is competent to file the suit through various branches including the applicant.

¶26

Defendant no.1 through its proprietor defendant no.2 approached the applicant bank for sanction of credit facility of Rs.115 Lakh vide loan application dated 28.10.2020 for running of the business of manufacturing of Mattress and its trading exclusively and after due consideration the applicant bank has sanctioned overall limit of Rs. 115.00 Lakh i.e. Term Loan limit of Rs.90 Lakh and Cash Credit limit of Rs.25 Lakh under hybrid mode of sanction under CGTMSE coverage and duly communicated through sanction letter dated 27.11.2020 with terms and conditions stipulated therein, which was duly acknowledged by the borrower. The limits sanctioned are under Hypothecation of Stocks and Book Debts, receivables, current and future etc. To secure the said loan facilities the defendants executed various loan documents including the hypothecation agreement. The rate of interest was agreed @ 11.75% p.a. with monthly rests subject to rise and fall in PLR according to RBI guidelines/circular issued from time to time.

¶27

The loan is secured from the personal guarantee of the defendant no.2 and hypothecation of stocks and book debts, receivables current as primary security present and future. The limits sanctioned is under CGTMSE coverage under hybrid mode up to overall amount of Rs.35 Lakh (i.e. Cash Credit of Rs.7.60 Lakh and Term Loan of Rs.27.40 Lakh) in which part of the amount is covered under the scheme and part of the loan is covered with collateral security under mortgage with the applicant bank.

¶28

As collateral security to the loan creation of equitable mortgage by deposit of regd. sale deed no. 5075 dated 20.05.2015 in favour of the

OA 336 of 2023 1 Jl

DRT, PATN A

applicant bank in respect of the property was made, details of which have been given in Schedule-A of the OA. The creation of equitable mortgage was made confirmed through letter of confirmation dated 27.11.2020 and affidavit-cum-declaration dated 27.11.2020 and was also recorded in the memorandum for recording of mortgage by deposit of title deed on 27.11.2020. The charge under security interest was also recorded in the Central Registry over the movables and immovable properties of the borrower in favour of the applicant bank on 17.12.2020.

¶33

Defendant no.1 through its proprietor again approached the applicant bank for reschedulement of the Term loan facility as his factory met with fire accident vide loan application dated 15.07.2021 and after due consideration the applicant bank has duly sanctioned the reschedulement limits from Rs.115 lakh to Rs.120 Lakh, out of which sanctioned as FITL of Rs.5 Lakh vide sanction letter dated 28.07.2021 with terms and conditions stipulated thereon, which were duly acknowledged by the borrower. To secure the said limit the defendants executed various loan docurnents. The rate of interest was agreed @ 9.65% p.a. with monthly rests, subject to rise and fall in PLR according to RBI guidelines/circular issued from time to time. As security earlier equitable mortgage by deposit of regd. sale deed no. 5075 dated 20.05.2015 in favour of the applicant was extended and was reaffirmed through extension of confirmation of mortgage dated 8.07.202 1.

¶34

Again the defendant no.1 through the defendant no.2 had approached the applicant for sanction of fresh limit of working capital demand loan and for renewal of the other loan accounts of overall limit of Rs. 127 Lakh (i.e. Term Loan of Rs.97 Lakh, Cash Credit of Rs.10 Lakh, FITL of Rs.5 Lakh and fresh limit of WCDL of Rs.15 Lakh) vide letter dated 26.10.2022. After consideration the applicant bank sanctioned the WCDL of Rs.15 Lakh vide sanction letter dated 03.12.2022, which was duly acknowledged by the defendant and renewed the limits earlier sanctioned. Defendant no.2 executed revival letter on 03.12.2022

V+\

OA 336 of 2023 1 Jl

DRT, PATN A

acknowledging the entire debts of loans utilized by them. The present rate of interest for the debts due from the defendants is @ 13.40% p.a. with monthly rests on Cash Credit, Term Loan, FITL and WCDL.

¶40

After availing the sanctioned credit facilities defendants became irregular in repayment of their dues as per agreed terms and failed to adhere to the financial norms of the bank and avoiding the repayment of its dues to the bank, in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on 29.01.2023.

¶41

The total liability in the loan account is Rs.1,32,81,217.15/- with poendent-lite and future interest contractual rate from 01.06.2023 till the realization.

¶42

Since, the defendants failed and neglected in spite of several reminders to make payment of the dues recoverable to bank, hence this application has been filed by the bank.

¶43

This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 21.07.2023, requiring them to show-cause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993. But the defendants have not appeared, hence, the Registry of this Tribunal has ordered to publish the notice in newspaper and subsequently, substituted service by publication of notice by way of advertisement in newspaper was also made against the defendants on 08.09.2023 in “Dainik Bhaskar” newspaper.

¶44

In response the defendant no.1 and 2 have appeared on 28.08.2023 through Id. Counsel Shri Nand Kishore Singh, but they have failed to file the written statement despite opportunities and since the statutory period for filing the written statement has already been expired, hence the

OA 336 of 2023 1 Jl

DRT, PATNA

opportunity to file the written statement was closed vide order dated 10. 1 1 .2023.

¶49

Since the defendant no.3 has not appeared despite registered summon/notice as well as publication of notice in newspaper, the case was proceeded ex-parte against defendant no.3 vide order dated 10.1 1 .2023.

¶50

At the time of final arguments on 24.11.2023, one Shri Manoj Kumar Choudhary, Id. Counsel sought an adjournment on the ground of non-availability of Id. Counsel Dr. B. K. Singh appearing for the defendants due to his personal difficulty but it was pointed out that no vakalatnama was filed by Id. Counsel Dr. B.K. Singh on behalf of the defendants hence the request of Id. Counsel Shri Manoj Kumar Choudhary was not allowed and arguments advanced by Id. Counsel for the applicant bank were heard and the case was reserved for order/judgment. The parties were permitted to file written statement, if any, within 15 days.

¶51

Ld. Counsel Dr. B.K. Singh for the defendants filed written notes of arguments enclosing with the Vakalatnama with no-objection by Id. Counsel Shri Nand Kishore Singh and accepted by Id. Counsels Dr. B.K. Singh, Shri Amit Singh and Shri Manoj Kumar Choudhary on 11.12.2023, which is beyond the period granted by the Tribunal.

¶52

Since none of the defendants has executed the vakalatnama for engagement of the said advocates and no required court fee of the vakalatnama was deposited hence the case was listed on 20.01.2024 and an opportunity was granted to the defendants to file fresh vakalatnama within 07 days from 20.01.2024 with a direction that on failure the matter shall be again reserved for judgment.

¶53

On perusal of the records it appears that on 23.01.2024 vakalatnama for the defendants was filed but at the time of final Y'*\

OA 336 of 2023 1 Jl

DRT, PATN A

arguments on 21.03.2024 none was present on behalf of the defendants. At that time one Id. Counsel Shri Nand Kishore Singh submitted that he is not representing the defendants anymore and sought permission to leave the case. Further no evidence has been filed on behalf of the defendants. Hence Id. Counsel for the applicant was heard and reserved for orders/judgment.

¶58

7- To prove its case, the applicant Bank has referred various certified photocopies of documents before this Tribunal. The applicant bank has also given evidence on affidavit by way of affidavit by Shri Shashi Ranjan Choudhary, Chief Manager of the applicant bank. The details of

¶59

documents are as follows:

¶60

Sl. No	I Descriptionof 1Documents Photocopies	I Date of IExecution	Amount (inLakh)	Signature of Executant S	1Ex./ 1Ann INo
	o		115.00	e a
Ibr	SanctionLetter	27.11.2020	90.00TL 25.00CC	a accepted by defendants
3	Letter of Arrangement	27.1 1.2020	90.00TL 25.00CC	e S
4	Agreementof Loancum HyDothecation	27.1 1.2020	115.00	e 2
5	Guarantee Agreement	27.11.2020	115.00	e 3
6	r PDR by Borrower		115.00	e 9
7	r PDR by Guarantor		115.00	e a)J
8	e Undertakingform Guarantor			Def.no.3	8
9	Letterof Authorizationby Borrower	27.11.2020		e 2
10	Letter of Authorizationb'	27.1 1.2020		Def.no.3	10

OA 336 of 2023 IJl

DRT, PATN A

	Guarantor
11	Photocopy Regd. Sale Deed No. 5075	20.05.2015			11
12	Confirmation Letter	27.11.2020	115.00	e 3
13.	Draft Affidavit- cum-Declaration	27.11.2020		De.no.2	13
14	Memorandum for recording of creation of mortgage	27.11.2020	115.00	Bank	14
15.	Regis{ram ChargeBalance	17.12.2020			15
16.	Loan Application for reschedulement	15.07.2021		Def.no.I& I-	116
	Letter of	28.07.2021	90.00TL	Bank and
17.	Arrangement		25.00 CC 5.00FITL	accepted by defendants	17
18.	Supplemental Agreementof Loan-cum- Hypothecation(S ME-1)	28.07.2021	120.00	defendants	18
19.	Guarantee Agreement(SME- 3)	28.07.2021	120.00	Def.no.2& 3	1 19
20.	Agreement under PDR by Borrower	28.07.2021	120.00	Def.no.I& a L	1 20
21.	Agreement under PDR by Guarantor	28.07.2021	120.00	Def.no.2& '1J-	121
22.	Extensionof Confirmation of Mortgage (SME- 8)	28.07.2021	120.00	e 3
23	Memorandumfor Recording extensionof Mortgage by deposit ofTitle Deed	28.07.2021	a		23
	Lettertobank	26.10.2022		Def.no.I&

\in

DRT. PATN A

OA 336 of 2023 IJI

24.				2	124
	Letterof	02. 12.2022	97.00TL	Bank and
25.	1 Arrangement		10.00CC 5.00FITL 15.00WCDL	: :c e P t e d defendants	2 5
26.	RevivalLetter	03.12.2022		Defendant s	26
27.	I 1Calculation Chart		Rs.. 1 ,32,8 1 ,2 17.15	Bank	27
e to 31	1Accounts			Bank	28 ti 31
32.	Noticefor 1 Overdue	08.1 1.2022		Bank	32
33.	Notice for 1 Overdue	21.12.2022		Bank	33
34.	Noticefor 1 Overdue	27.02.2023		Bank
o	Overdue	01.03.2023		Bank
e		23.03.2023		Bank	36
t		24.03.2023		Bank	37
e		06.04.2023		Bank	38

¶70

Heard arguments and peruse(i the case record.

¶71

Ld. Counsel of applicant bank submitted that the defendants have taken the loans and utilized the same and also executed the various loan documents to secure the loan. Further, submitted that the claim of the bank has been proved by documentary evidence. All the transactions were entered in the ledger of the loan accounts in the name of the defendant duly maintained by the applicant bank in its usual course of business. The interest /compound interest has been charged at such rates, and

OA 336 of 2023 1 Jl

DRT, PATN A

capitalized at such periodical rests as are permitted by and do not run counter to the directives of Reserve Bank of India

¶77

It is further submitted by Id. Counsel of applicant bank that there is no stay granted by any Higher Court, in respect of the proceedings of the present OA and requested to issue recovery certificate, as claimed for, in OA

¶78

It has been established that defendants are living and carrying on their business in the state of Bihar. Cause of action also arose in the State of Bihar. The said claim on the date of filing of application exceeded Rs.20 lacs. The applicant bank is functioning within the jurisdiction of this Tribunal. Therefore, this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application.

¶79

On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 29.01.2023, whereas the present application has been filed on 23.06.2023 . Even, it is counted for the purpose of Limitation, then it is established that the applicant bank has filed the case within the limitation period. As such, it is established that the present application has been filed well within the period of limitation.

¶80

Shri Shashi Ranjan Choudhary, Chief Manager of the applicant bank, has filed the affidavit in support of contents of application and the documents as evidence and proved on oath the pleadings and documents of the applicant bank as stated above.

¶81

Ld. Counsel for the applicant bank has also filed a supplementary affidavit of Shri Shashi Ranjan Choudhary, Chief Manager of the applicant Bank disclosing that the applicant bank had sold the mortgage assets for an amount of Rs.55.20 Lakh on 29.11.2023 and after the e- auction sale the defendants approached the Hon’ble High Court by filing

q,*\

DRT, PATN A

OA 336 of 2023 IJI

a writ petition CWJC No. 17788 of 2023 in which a direction was made on 22.12.2023 to the applicant to open the flat for two hours, so the defendants may to take away their households on 26.12.2023 and accordingly the said order was complied with by the applicant bank. It has further been disclosed that finally the bidder had deposited the entire amount on 27.01.2024 and thereafter on 12.02.2024 the Certificate of Sale was issued in his favour and on 14.02.2024 the physical possession was delivered to the auction purchaser. It has further been disclosed the defendants had preferred a S. A. No. 278 of 2023 challenging the SAItFAESI action of the Bank.

¶87

Section 19(3) of the Recovery of Debts and Bankruptcy Act, 1993 provides that the application u/s S.19 (1) shall be accompanied with true copies of all the documents relied on in support of the claim.

¶88

The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules, 1993, provides that if the defendant denies his liability to pay the claim made by the applicant, the tribunal may act upon the affidavit of the applicant who is acquainted with the facts of the case or who has on verification of the record sworn the affidavit in respect of the contents of the application and the documents as evidence.

¶89

The rule 12 (11) of the aforesaid Rules, provides that the provisions contained in section 4 of the Banker’s Books evidence that Act, 1891 (18 of 1891) shall apply to a certified copy of an entry in a Banker’s Books furnished along with application filed under sub section 1 of section 19 by the applicant.

¶90

Section 4 of Banker’s Books evidence Act, 1891 runs as under-

¶91

S.4. Mode of proof of entries in bankers’ books.– Subject to the provisions of this Act, a cert Oed copy of any entry in a banker’s book shall in all legal proceedings be received as prima .facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or othenvise.

~~'y\

DR’r. PATN A

OA 336 of 2023 IJI

As such the certified true copies of the documents are admissible in evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correct statement of account, more so since the entries in the statement of account have not been challenged.

¶97

On perusal of the application, documents, affidavit and on consideration of the arguments, it is proved that the defendants have applied for loan and the bank had sanctioned the loan and to secure the loan and for repayment of loan amount with interests etc., the defendants have executed various loan documents, as stated in the application and proved by aforesaid evidence. Defendants have neither denied the utilization of funds advanced by applicant bank nor have pointed out any specific error and discrepancy in the Statement of Account.

¶98

The evidence discussed above goes to establish that the amount of loan as mentioned in the O. A., was availed by the borrower under the agreed terms and conditions for repayment with interest. The balance amount till 31.05.2023 has been proved to be Rs. 1,32,81,217.15 only by way of statement of accounts. There is nothing to prove the amount more than that disclosed in the aforementioned statement. As such this amount is recoverable till full and final realization of the claim.

¶99

In my view, facts of the case stand proved by evidence of the applicant bank. Accordingly, the applicant bank is entitled to recover from defendants jointly and severally of Rs.1,32,81,217.15 along with pendente-lite and future interest @ 13.40% p.a. with compounded monthly rests from 23.06.2023 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of justice.

OA 336 of 2023 1 Jl

DRT, PATN A

ORDER

In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendants. The defendants are hereby jointly and severally, ordered to pay the applicant bank its debt amounting to Rs.1,32,81,217.15 along with pendente-lite and future interest @ 13.40% p.a. with compounded monthly rests from 23.06.2023 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

¶105

It is made clear that any amount deposited by the defendants, be deducted in the claim amount, if not deducted.

¶106

Defendants are debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgage(1 or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceedings in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993 . The applicant may submit the certified copy of this Judgment and the Recovery Certificate before the Registrar/Sub- Registrar to endorse the charge over the secured assets.

¶107

Let a certificate of recovery be drawn up forthwith and put up for signatures in terms of provisions contained in Section 19(22) of the Act to be issued, on the basis of the order of the Tribunal to the Recovery Officer. The Recovery Officer shall realize the amount as per the certificate in the manner and mode prescribed under the Act from the defendants, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants.

nRT. PATN A

OA 336 of 2023 1 Jl

Parties are directed to appear before the Recovery Officer, DRT, Patna on 04.11.2024. The order be communicated accordingly.

¶112

Judgment signed, sealed, dated and pronounced in the open court on lgth day of September, 2024.

¶113

Dictated &corrected by me.

¶114

[KaushalendraYadav]

¶115

Presiding Officer

¶116

Debts Recovery Tribunal, Patna

¶117

FORM NO. 9

¶118

DEBTS RE(_'oVER\ ’f RIBU NAI. PA’I’NA

¶119

[See Regulation 24( 1 )]

¶120

2nd FIt>tlr. ( A. B & F W’ing) Karpuri Thakur Sudan. KendrlyiI Karanlchari Parisar (GPOA). Ashiana Digha Road. Patna-800025

¶121

RECOVER' (-ER'rIFI{,, ATE UNDER SECTION 19(Z) READ \VI’I'H SECTION 19(B) OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 199& AS AMENDED FROM TIME TO TIME.

RC No. 239/2024

Case No: OA/336/2023

In tIle Matter ut

((,-H- 1) STATE BANK OF INDIA

¶127

STRESSED ASSETS RECOVERY BRANCH, 2ND FLOOR. PATN A MAIN BRANCH BUILDING WEST OF GAN DHI NIA 1 DAN

¶128

Applicant(s)

¶129

PATN A .BIHAR -80 1 503

¶130

¶131

(CD- 1) M/S SLEEPFU[ MATTERSS

¶132

Rcpreselrted through ItS Proprietor FactorY at- Sangakara More. Mohanlnladpur. Billta Pat11a MaIn Road Patna .BIHAR -Rf) 1 5(J3

¶133

AIs(1 At

¶134

G I . SUSHM A REGENCY, C/O RANI SINHA LANE NO 08, A RYA SAM AJ MAN DIR ROAD, RPS MORE, DIST.PA’rNA - 801503 BIHAR

¶135

Also At

¶136

OFFICE- FLAT NO. 101. SHANTI COMPLEX. INFRONT OF HI- TECH HOSPITAL. SAGtJNA KHAGAUL MAIN

¶137

ROAD. D[STT- PA’rNA SO 1 503 BIHAR

¶138

Defendant( s )

¶139

(CD- 2) MR . RAJU PATH AK ( PROPRIETOR / NIURTG AGU R ) M,''S SLEEPFU L MATTRESS RESIDENT OF - B-1 02, ABHIUDAY HOMES. S.K. PURAM. LALLU KHATAL. AR'A SAM AJ M ANDIR ROAD. DANAPUR CUM KHAGALIL PATN A DIST.- PATNA- 801 503. BIHAR

¶140

(CD- 3) SMT. ANUJ KUMARI

¶141

(GUARANTOR/MORTGAGOR) M/S SLEEPFUL N4ATrRESS RESIDENT OF -B- 102 ABHIUDAY HOMES. S.K. PURAM. LALLUKHATAL ARYA SAM AJ ROAD DANAPUR. DISH.- PATNA80 1 503

¶142

Recovery {,-crtiHcatc for Rs 13281217.15 1 Rupees One Crore Thirty Two Lakhs EigUy One Thousands T\vg Hundred Seventggn And Pajge Fifteen OnI) I

¶143

In terms of tlnal order dated 19/09/2024 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant CertifIcate Holder Bank is entitled to recover a sum of Rs. 13281217.15 along with cost, expenses and interest from the 23/06/2023 i.e. date of filing / with effective date of the OA/336/2023 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

¶144

	Int F Type/Mode	Fnt }Rate	Effective ! Date	Order Date	[Amount(Rs.)	Liability Type	Interest I(ason Order Date)	IC Amount(Rs.)
4/SSLEEPFUL M	Monthly)	3.40	b/06/2023 l	l 9/09/20241	1328121 7.15	,nd \crall)	Ason	13281217.15
MR. RAJU PATl'IAK PROPRIETUR/NIQRTGAGUR)	Interest ,Monthly)	13.40	12
4T.ANUJ KUMARI GUARANTUR/MCJR'FGAGCiR)	M011thly)	3.40	;,oo/:033	1 19/09/2024	1 13281317.IS	lintly crally	Ason Date	13281217.15

¶145

In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the moltgaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate debtors.

¶146

The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovely proceeding in pursuance of the Recovery cerfiHcate issued under Section 19(22) of Recovery of Debts and Bankmptcy Act 1 993

¶147

Parties are tlircc Icd It! appcitr bctirrc ASHISH KL'N'I AR . liccci\’cr' (ltllccl'. DEBTS Ri-:C'oVi:RY TR IBl_IN Al. P'\TNA on 04/ 1 1 /2024.

¶148

The Recovery Of11cer shall realize the amount as per this Cenitlcate in the manner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named CertifIcate Debtors

¶149

This Certificate has been issued under my signature and seal of the Tribunal on this 20/09/2024

¶150

( xP ' ]EII e b t s I!!!!!! :t :vt [Tr i b B n a ) Patna

¶151

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATN A

¶152

FORM NO. 10 [See Regulation 24(2)]

¶153

DEBTS RECOVERY TRIBUNAL PATNA

¶154

2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA),

¶155

Ashiana Dighd Road. Patna-800025

¶156

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COSTS

RC No. 239/2024

Case No: OA/336/2023

Applicant(s): STATE BANK OF INDIA Versus

¶162

Defendant(s): M/S SLEEPFUL MATTERSS

¶163

Sr. No	IItemofCosts	r
	Feeon the application	135000
7	ne	b
3	Fees
	nomFii=mm	la
5	s
	'otalCosts:Rs	135000

¶164

Place: PATNA

¶165

Date: 20/09/2024

¶166

PREsrDrk-d OFFICER DEBTS RECOVERY TRIBUNAL PATNA

¶167

Note: Strike out whichever is not applicable

State Bank of India v. M/s Sleepful Matterss

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/s Sleepful Matterss

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Farhana K C versus Canara Bank

Bank of Baroda (E-Vijaya Bank) versus Sh.Sukhavinder Singh

Union Bank of India (E-Andhra Bank) versus M/S Jmb Steel

Punjab National Bank versus Paramdeep Singh

Bank of Baroda versus Nitu Devi

Union Bank of India versus Ms Sunita Enterprises