Debts Recovery Tribunal allowed the original application filed by the bank amidst non-appearance of the defendant. The respondent was directed to pay the adjudicated sum with interest and issue a recovery certificate was ordered.
Payment of Rs.26,62,844.75 with interest at 9.85% per annum and issuance of a 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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, CAMP AT NANDED) ORDER SHEET
| 1 S |
7.01.2 r. No. |
024 23 O.A.No.63/2023 |
|---|---|---|
| Classific ation |
No. of Exh. |
|
| ORIGINAL APPLICATION No.63/2023 Bank Of Baroda ..Applicant Versus Aditya Dahiwal ..Defendants Mr. Vakil Satyajit R - Advocate for the applicant. None for defendants The matter is taken through Hybrid. 1. The applicant bank has filed original application on 04.11./2023. The applicant has attempted to serve the defendant at his shop the copy of summons along with complete paper book. |
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| 2. The defendant not only refused to accept the summons with the copy of the original application but also threaten the Authorised Officer not to affix the summons on the conspicuous part of the property. 3. In these circumstances, the defendants are being served. Despite service of summons, the defendants did not choose to enter appearance either personally or through their Advocate. 4. 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. |
[APK] (OA No.63 - 2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, CAMP AT NANDED)
ORDER SHEET
| 5. Heard the arguments advanced by the applicant. |
|---|
| 6. In view of the above, I pass the following order. ORDER |
| A. Original Application No.63/2023 is allowed with cost. |
| B. The defendant is ordered and directed to pay to the applicant either jointly or severally the aggregate sum of |
| Rs.26,62,844.75 (Rupees Twenty-Six lakhs Sixty-Four thousand Eight hundred Forty–Four only) with pendent lite and future interest at the contractual rate @ 9.85 % per annum from the date of filing of the original application till payment/realization. |
| C. The aforesaid adjudicated amount is secured by the valid and subsisting mortgage of immovable property. |
| D. Issue recovery certificate. |
| E. The Registrar to send the copy of Judgment and Recovery Certificate to the applicant and defendants. |
| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (OA No.63 - 2023) Page 2 of 2
Bank Of Baroda
Aditya Dahiwal
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
