Allowed

State Bank of India v. Sh. Virender Singh

DRT13 Dec 2024OA/639/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal adjudicated an original application filed by State Bank of India for recovery of dues against a defaulting borrower who failed to appear. The court proceeded ex-parte, accepting the bank's evidence of loan disbursement, liability admission, and mortgage creation. The application was allowed.

What did the court decide?

Defendant directed to pay Rs. 28,26,863 with interest within 30 days; shortfall recoverable from sale of mortgaged movable and immovable properties; Recovery Certificate to be issued.

State Bank of India versus Sh. Virender Singh — Banking and Recovery | DRT (2024)

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O.A. No.639 of 2023

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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O.A. no. 639 of 2023

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State Bank of India

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tressed Assets Recovery Branch-II BI House, 18/4, 4th Floor, Arya Samaj Road, Karol Bagh New Delhi-110005

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Applicant

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Versus

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$h. Virender Singh s/o Sh.Sukha Singh R/o Village Latifpur Banger lost Office — Dankaur, Tehsil Sadar

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pist. G.B.Nagar, UP.

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Defendant

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1resent: Ms Jaya Tomar, Counsel for the applicant bank

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Date of. institution: 28.07.2023 Date of Pronouncement: 13.12.2024

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FINAL ORDER

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This original application has been filed by the applicant hank on 28.07.2023 through Shri Digamber Singh Bisht, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of a sum of Rs.28,26,863/- (Rupees I'venty Eight Lacs Twenty Six Thousand Eight Hundred Sixty hree only) as on 03.07.2023 along with pendentelite and future interest @11.70% per annum with monthly rest from 03.07.2023 till the date of realization and costs.

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O.A. No.639 of 2023

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. The brief facts of the case are that on the request of cI efendant, the applicant bank sanctioned Agricultural Term Loan — Dairy Loan (Micro Kamdhenu) facility for Rs.20,25,000/(Rupees Twenty Lacs Twenty Five Thousand only) on 1.05.2017 @11.50% rate of interest per annum for the urpose of Dairy Finance under GSS. In addition, the applicant ank sanction Kisan Credit Card (KCC) of Rs.7,44,400/11.70% interest per annum on 27.10.2018. The defendant greed to pay @2% penal interest over and above the rate entioned by the applicant bank.

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That in order to avail both the said loan facilities, the efendant executed Letter of Arrangement and Hypothecation greement (AB-1) on 01.05.2017 and 27.10.2018 in favour of pplicant bank.

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That in order to secure the loan facility, the defendant ortgaged the property bearing Survey No. 34/52/53/64/140/141/140/78/152/59, measuring 4.60 acre, Village Dankaur(NP), Dist. G.B.Nagar, UP and 1/52/53/64/140/141/174, Village Latifpur Bangar and Survey o.22/78/152/19, Village Latifpur Khadar and Survey No.49 nd 59, Village Suheri Mahiuddinpur, Parg Dankaur, Tehsil adar, Dist. G.B.Nagar, UP measuring 5.82 acre as collateral ecurity by through Mortgage Deed dated 01.05.2017 & 7.09.2018 respectively registered with Sub-Registrar, Sadar reater Noida, G.B.Nagar, UP with the applicant bank.

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The defendant executed Revival Letters dated 5.04.2020 & 07.02.2023 by admitting his liability towards Ion vailed with the applicant bank.

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O.A. No.639 of 2023

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It has been submitted by the applicant bank that after availing the housing loan fadlity, the defendant failed to maintain financial discipline and violated the sanction tipulations. The defendant failed to pay the installments and terests in time due to which the accounts became overdue. The applicant bank requested through various letters and ersonal visits for regularization of the accounts but defendant id not bother to regularize the accounts nor liquidated the dues of the applicant bank. Ultimately, the applicant bank lassified the accounts as NPA on 28.04.2022 as per RBI uidelines and issued legal notice dated 25.06.2022 and Q4.07.2023 but defendant failed to comply the notices issued, hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notices of this O.A. were issued to the defendant and 1iespite of proper service, the defendant has chosen to absent from the proceedings. As per order dated 30.07.2024, the efendant has been proceeded ex-parte as they have not ppeared before the Tribunal nor written statement, evidence l and affidavit of assets have been filed.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Digamber Singh Bisht (AW-1) authorized representative of the applicant bank who las proved the documents as Gazette Notification Ex.AW1/1, Application Form for Agricultural Credit Ex.AW1/2, Personal Assets & Liabilities Statement Ex.AW1/3, Election Identity Card, Ration Card, Aadhar Card & Pan Card etc. Ex.AW1/4, Letter of Arrangement Ex.AW1/5(OSR) & AW1/13(OSR), Hypothecation Agreement Ex.AW1/6(OSR) & AW1/14(OSR) Mortgage Deed Ex.AW1/7(OSR) & AW1/15(OSR), Affidavit Ex.AW1/8 & Ex.AW1/16, Receipts of Cattle Purchase Ex.AW1/9, Description

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sd-

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O.A. No.639 of 2023

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of the Land Ex.AW1/10, Registration with CERSAI Ex.AW1/11, pplication Form for KCC Ex.AW1/12, Khata Khatoni x.AW1/17, CERSAI Registration Ex.AW1/18, Revival Letter ; Ex.AW1/19(OSR)^{& AW1/21(OSR), Legal Notice Ex.AW1/20,} Letters to Defendant Ex.AW1/22, Migration Letter Ex.AW1/23, Legal Notice Ex.AW1/24 (Colly), Statement of Account Ex.AW1/25 & AW1/27, Accrued Interest Statement Ex.AW1/26 AW1/28, Certificate u/s 2A read with Section 2(8) Ex.AW1/29 colly).

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The case filed by the applicant bank gone unrebutted and here is no question of disbelieving the case of the applicant ank and the applicant bank has proved its case beyond easonable doubts

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; 0. In the light of the above discussions, the Original pplication deserves to be allowed.

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ORDER

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I, allow this OA and direct the defendant to pay to the pplicant bank within a period of 30 days, a sum of .28,26,863/- (Rupees twenty Eight Lacs Twenty Six Thousand Eight Hundred Sixty Three only) as on 03.07.2023 long with pendentelite and future interest @11.70% per annum with monthly rest from date of filing of this application ill the date of realization and costs, failing which the aforesaid mount shall be recovered from the sale of mortgaged property hearing:

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Survey No. 34/52/53/64/140/141/140/78/152/59, measuring 4.60 acre, Village Dankaur(NP), Dist. G.B.Nagar, UP-203201; 5d

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O.A. No.639 of 2023

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31/52/53/64/140/141/174, Village Latifpur Bangar and Survey No.22/78/152/19, Village Latifpur Khadar and Survey No.49 and 59, Village Suheri Mahiuddinpur, Parg Dankaur, Tehsil Sadar, Dist. G.B.Nagar, UP-203201.

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case of shortfall, the same shall be recovered from the sale

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of movable and immovable properties of the defendant.

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II) The recovery certificate be issued forthwith and be sent o the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

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(III) Parties are directed to appear before the Recovery fficer, DRT I, Delhi on 11.02.2025.

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(IV) Copies of final order as well as Recovery Certificate be ent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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Dictated and pronounced in open court) ated: 13.12.2024

State Bank of India v. Sh. Virender Singh

Case brief

What is this about?

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State Bank of India v. Sh. Virender Singh

Case brief

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What did the court decide?

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