Debts Recovery Tribunal allowed the applicant bank's recovery claim against the defendant. The court directed payment of dues with adjusted interest and ordered the sale of mortgaged and personal properties for recovery.
Payment of Rs. 32,38,948.55 with 12% p.a. interest; issuance of Recovery Certificate; injunction on transfer of properties.
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.
DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Originol Applicotion No. - 721 123
State Bank of lndia, Stressed Assets Recovery Branch, State Bank Bhawan, 5, Y.N. Road, lndore (M.P.) 452003
AppIicant
Versus
Shri YuguL Kishre Jat, S/o Shri Shriram Jat, Vitlage-Sherpur, Post-Manpur, Tehsit-Mhow, Distt.-lndore (M.P.) 453441 ; Also at: Vittage-Ma[ipu ra, Tehsit-Mhow, Distt.-lndore (M.P.) 453441
Defendant
Counsel for the Applicant : Shri Jagbandan Pate[, Advocate Defendant : Ex-parteEx-parte
: Ex-parteEx-parte
JUDGMENT
(Dated : 29th November,2024)
2
oA721t23
i) The Defendant do pay Rs. 32,38,948.55 (Rupees Thirty Two Lac, Thirty Eight Thousand, Nine Hundred Fourty Eight and Paisa Fifty Five on[y) together with pendentelite and future interest @12Yo pet annum simpte from the date of fiting of the OA, i.e.,02/06/23, with costs tit[ its reaIization.
ii) The Appticant Bank is entitted to setl the mortgaged as we[[ as personat properties and assets of the Defendant for reatization of its dues. The Defendant is hereby restrained by means of injunction from depleting, transferring, encumbering, atienating or in any way deating with his properties/assets without first paying the claim of the Appticant Bank.
iii) A Recovery Certificate be issued uls 19(27) of Recovery of Debts and Bankruptcy Act. The appticant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this 29th Day of November
\' (Ram Niwas Patel) Presidinq Officer
1 issue framed by the court
Whether the defendant is liable to repay the outstanding dues along with interest.
2 provisions across 1 enactments
State Bank of India
Shri Ram Niwas Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
