The DT, Aurangabad decreed an Original Application filed by Canara Bank for recovery of a loan loan amount of Rs. 32,93,004/- and interest from the defaulting respondent. The claim was uncontroverted.
Decree in favour of Applicant Bank for Rs. 32,93,004/- with 10% p.a. interest and issuance of Recovery Certificate.
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.
Presented on: 26/07/2022 Registered on: 20/03/2023 Decided on: 18/04/2024 Duration: Y. M. D. 1 – 08 - 23
IN THE DEBTS RECOVERY TRIBUNAL, at Aurangabad
(Sr. No. 43) Original Application No. 42 of 2023
Claim : Recovery of Rs. 32,93,004/-
Canara Bank
a body corporate duly constituted under the Banking Companies (Acquisition of Undertakings) Act, 1970 having its Head Office at 112 JC Road, Bangalore-560002 and branch amongst the others places as at SME Branch, Jalna road, Aurangabad – 431001 through power of attorney holder and Chief Manager Mr Bharath Raj KA s/o A. KeshavBhat, age 32 years occup. service as Chief Manager, SME Branch, Jalna road, Aurangabad R/o Jalna road, Aurangabad431001 Email: [email protected]
Versus
… Applicant
And
( Madkar) (O.A. No. 42/2023)
Page 1 of 4
R/o Plot No. RH-111 House No. 26, near Satashrungai Devi Mandir, Bajaj Nagar, Waluj, Aurangabad – 431136
And
Survey No. 601, Milkat No. P-96/2, Ghanegaon Tal. Gangapur Dist. Aurangabad 431136
…Defendant
Appearance : For Applicant-bank : Mr. P.N. Kapadia, Adv. For Defendants : Mr R.D. Sakhare, Adv.
Shri Vimal Gupta Presiding Officer
Pronounced on: 18th April 2024
O R D E R
Application against defendant for recovery of sum of Rs.
32,93,004/- (Rs. thirty two lakhs ninety three thousand four only)
towards outstanding of loan amount availed by him, together with future contractual rate of interest.
written statement and therefore, the matter proceeded without
( Madkar) (O.A. No. 42/2023)
Page 2 of 4
written statement against him.
Bharath Raj KA s/o A. Keshav-Bhat, Chief Manager (Exh. 6) alongwith list of documents (Exh.7) annexing therewith 26 documents and proved its claim. The claim of the applicant bank goes uncontroverted and unrebutted.
O R D E R
All that piece and parcel of survey No. 601, Milkat No. P-96/2, Ghanegaon Tal. Gangapur Dist. Aurangabad, adm. 2000 sq.feet, bounded by:
( Madkar) (O.A. No. 42/2023)
Page 3 of 4
To the East : Ploit No. 96 part, to the West: Plot No. 96 part, to the South: 9 meter wide road and to the North : Plot Nos. 95 & 97
Application shall be reduced and demand notice shall be issued accordingly.
uploaded on official web-site.
( Vimal Gupta ) PRESIDING OFFICER, Aurangabad, DEBTS RECOVERY TRIBUNAL, Date: 18/04/2024 Aurangabad
( Madkar) (O.A. No. 42/2023)
Page 4 of 4
2 issues framed by the court
Whether the claim for recovery of loan amount and interest is maintainable in view of the uncontroverted affidavit.
Whether the Defaulting Defendant should be ordered to pay the adjudicated amount along with further rate of interest.
2 provisions across 2 enactments
Canara Bank
Mr. Gajanan Namdeo Waghmode
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
