Debts Recovery Tribunal decreed an Original Application for recovery of a loan amount. The defendant did not appear, admitting liability. The Tribunal granted a 6% interest rate and directed the issue of a Recovery Certificate secured by mortgaged flats.
Decree granted for Rs.26,17,674 with 6% p.a. interest; Recovery Certificate issues against charged flats.
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, DRT AT AURANGABAD)
ORDER SHEET
22.04.2024
| Sr. No | .06 OA No. 69/2022 |
|
|---|---|---|
| Classific ation |
No. of Exh. |
|
| ORIGINAL APPLICATION NO. 69/2022 State Bank of India RACPC A’bad ..Applicant Versus Sultan Asad Nahadi ..Defendants Mr. R.C. Patil – Advocate for the applicant bank. The matter is taken through Hybrid. 1. The Original Application is filed for a sum of Rs.26,17,674/- (Rupees Twenty-Six Lacs Seventeen Thousand Six Hundred Seventy-Four only) including the loans particularly mentioned in Para No.5.9of the OA from 07-08-2021 onwards till realisatioin of entire amount alongwith interest @7.5% p.a. with monthly rests compoundable from 07-08-2021 onwards, beside of 2% penal interest till realisation of entire amount + expenses and costs incurred or may be incurred by the applicant bank from the date of filing this OA and claim from the person and properties of the defendant. 2. In this matter the defendants has been served but not appeared and as such he has proceeded exparte on 02nd March, 2024. No written statement has been filed. It shows that the defendant has nothing to say. He has no defence to be put forward which means that he has admitted the liability charged find accordingly that the loan taken by him also stands admitted. 3. The claim of the bank is based on the revival letters filed |
[SBJ] (OA No.69/2022) Page 1 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| alongwith the Interlocutory Application. |
|---|
| 4. The Tribunal has satisfied with the execution of the revival letter and according to those revival letters the limitation is available with the applicant bank. Therefore in view of the fact that the defendant has failed to put any defence before |
| this Tribunal, the case of the bank proved. |
| 5. Therefore Original Application No.69/2022 is decreed as prayed with 6% p.a. interest, the Recovery Certificate shall stands satisfied. |
| 6. In view of the above, I pass the following order : ORDER |
| A. The Original Application No.69/2022 is decreed with costs. |
| B. Defendant is hereby ordered and directed to pay to the applicant the claim amount ofRs.26,17,674/- (Rupees Twenty-Six Lacs Seventeen Thousand Six Hundred **Seventy-Four only)**alongwith interest @6% p.a.. |
| C. The aforesaid adjudicated amount is secured by the charge on the mortgaged properties which is as under: (1) Flat No. A-2, admeasuring 37.18 Sq. Meter (400 Square Feet) of Noman Apartment which is Part and Parcel of CTS No.10871/2 and situated at Gauri Shankar Colony, Fazalpura, Aurangabad and bounded as under: East : Common Stair Case |
| West: Road |
| South: Flat No.A-1 |
| North : Open space. |
| (2) Flat No. A-1, admeasuring 37.18 Sq. Meter (400 Square |
| Feet) of Noman Apartment which is Paart and Parcel of CTS |
| No.10871/2 and situated at Gauri Shankar Colony, Fazalpura, Aurangabad and bounded as under: |
[SBJ] (OA No.69/2022) Page 2 of 3
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
East : Common Stair Case West: Road South: Open space North : Flat No.A-2.
as is disclosed in the Para No.05.13(1 & (2)) of the OA.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] (OA No.69/2022) Page 3 of 3
State Bank of India RACPC A'bad
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
