The Debts Recovery Tribunal allowed the applicant bank's application for recovery of dues totaling over 21 lakh rupees along with interest. The respondents were held jointly and severally liable, and a recovery certificate was directed to be issued.
Ordered payment of Rs. 21,08,911.63 with interest at 10.15% p.a. and issuance of Recovery Certificate under Section 19(22).
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DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
(Presiding Officer - Hon'ble Shri Ram Niwas Patet)
Originol Applicotion No.- 677/22
Bank of lndia, Bhitai, Distt.-Durg (C.G. )
..... Appticant
Versus
Mrs. B. Diteshwari Narayan
(Both at MIG-'l 23l8, Jawahar Nagar, Bhitai, District-Durg, C.G. 490023)
Defendants
Counsel for the Appticant : Shri Ashish Shroti, Advocate Defendants : Ex-parte
JUDGMENT
(Dated : 01't October, 2024)
/
2
oA677122
jointty and severatly tiabte to pay the ctaim amount together with interest and costs. The Appticant-Bankin its app[ication has claimed interest @10.15%p.a. with monthtyrests.However,lfeel it fair and reasonabteto grant interest @10.15% p.a. simpte pendentelite and future titlrealization of the dues. Thepersonatproperties andassets of the Defendantsare tiabte to be sotd for recovery of amount due.
i) The Defendants dopay jointty and severattyRs. 21,08,911.63 (Rupees Twenty One Lac, Eight Thousand, Nine HundredEtevenandPaisa Sixty Three only) together withpendentetite and future [email protected]% per annum simpte from the date of fiting of the OA, i.e.,75105122, wilh costs titI its realization.
ii) The Appticant Bank is entitled to setl thepersonal properties and assets of the Defendants for realization of its dues.TheDefendantsare hereby restrained by means of injunction from depteting, transferring, encumbering, alienating or in any way deating with theirproperties/assets without first paying the ctaim of the Appticant Bank.
iii) A Recovery Certificate be issued uls 19(22) of Recoveryof Debts and Bankruptcy Act. The applicant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this 01'tDay of October,2024.
<br>0
'
(Ram Niwas Patet)
Presidine Officer
2 issues framed by the court
Whether the applicant bank is entitled to recover the adjudicated debt along with interest.
Whether the recovery certificate should be issued against the respondents.
1 provisions across 1 enactments
Bank of India, Bhitai
M/s Soumiya Agency
Mrs. B. Diteshwari Narayan
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
