Allowed

Bank of India v. Kalwati Chouhan W/O Kishore Bhilala

DRT8 May 2024OA/86/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal (M.P. and C.G.) allowed the Bank of India's application to recover dues of Rs. 29,84,894.58 plus interest. The court decreed joint and several liability upon the returning borrower and guarantor, adjusted the interest rate, and issued an injunction against property transfer.

What did the court decide?

Declaration of joint and several liability; Recovery of Rs. 29,84,894.58 plus 12% p.a. simple interest; Injunction on property transfer; Issue of Recovery Certificate.

Bank of India versus Kalwati Chouhan W/O Kishore Bhilala — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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(Presiding Officer - Hon'bte Shri Ram Niwas Patet)

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Original Application No. - 86123

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Bank of lndia, Mahalxmi Guest House, Tirchi Putia, Barwani (M.P.) 451551

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..... Applicant

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Versus

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1. Katwati @ Kalawati Chauhan, W/o Shri Kishore Bhitata @ Kishore Chouhan

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1. Kishor Bhitata @ Kishore Chauhan 5/o Shri Goma Bhitata

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(Both R/o Vi[[age-Katyanpura, District-Barwani, M.P. 451 551 )

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Defendants

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Counsel for the Appticant : Shri A.B. Sahu, Advocate

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Defendants : Ex-parte

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JUDGMENT

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(Dated : 08th May, 2024;

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The Appticant-Bank has fited the present Original Apptication u/s 19 of Recovery of Debts and Bankruptcy Act on 05/01 /23 against the Defendants for recovery of Rs. 29,84,894.58 (Rupees Twenty Nine Lac, Eighty Four Thousand, Eight Hundred Ninety Four and Paisa Fifty Eight onty) along with interest and other retiefs as stated.

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The brief facts of the case are that on the request of Defendant No.-1, the Appticant Bank sanctioned KCC Limit of Rs. 28.20 Lac on 27/09/18. ln consideration of the sanction of credit facitity the Defendant No.-1 as borrower and Defendant No.-2 as guarantor in addition to execution of loan and guarantee documents, the Defendant No.-"| also created charge under the provisions of M.P. Krishi Udhar Pravartan Tatha Prakriyan Upbandh (Bank) Adhiniyam 1972 over the immovabte properties, i.e.,

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i) Land bearing Khasra No.-96/2, 97/3, Vittage-Badagaon, P.H. No.-10, Tehsil-Barwani, District-Barwani, area 0.323 hectare;

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oA86t23

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ii) Land bearing Khasra No.-98/4, 109, 110, 1'11, '11?/4, 112/5, Vitlage-Badagaon, P.H. No.-'10, Tehsit & District-Barwani, area 4.229 hectare;

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iii) Land bearing Khasra No.-98/6, Vi[tage-Badagaon,^p.H. No.-10, Tehsit & District-Barwani, area 2.529 hectare;

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iv) Land bearing Khasra No.-212, Vitlage-Borlai, RNM 01 , Tehsit & District- Barwani, area 4.986 hectare.

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The Defendant No.-1 avaited the credit facitity and also executed Balance & Security Confirmation Letter on 70/09121. The account was ctassified as NPA and the Defendants faited to liquidate the outstanding dues despite issuance of Legal Notice on 30109/22 by the Appticant Bank. The Applicant-Bank has retied upon the documents at Ex. A-1 to A-17 which were proved by Shri Rajeev Kumar, Branch Manager.

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Despite service of notice, the Defendants neither appeared nor fited written statement. They were proceeded ex-parte vide order dated 02105123, There is therefore, no reason to disbelieve the contentions of the Bank. Considering the facts of the case, I opine that the Defendants are jointty and severally liabte to pay the ctaim amount together with interest and costs. The Appticant-Bank in its application has ctaimed interest @12.15%^p.a. with monthly rests. However, I feel it fair and reasonabte to grant interest @12% p.a. simple pendentetite and future titl realization of the dues. The mortgaged properties are liabte to be sotd for recovery of amount due along with the personal properties and assets of the Defendants.

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The Original Application is attowed and it is ordered as under-

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i) The Defendants do pay^jointty and severatty Rs. 29,84,894.58 (Rupees Twenty Nine Lac, Eighty Four Thousand, Eight Hundred Ninety Four and Paisa Fifty Eight onty) together with pendentetite and future interest @12/o^per annum simpte^{from the} date^{of fiting} of^{the OA, i.e.,05/01 /23,} with costs titl its reatization.

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ii) The Appticant Bank is entitted to setl the mortgaged as we[[^as personal properties and assets of the Defendants for realization of its dues. The Defendants are hereby restrained by means of^{injunctionfrom} depteting, transferring, encumbering,^{atienating or in any way dealingwith} their properties/assets without first^{paying the ctaim of the AppticantBank.}

-a

oA86t23

iii) A Recovery Certificate be issued uls 19(ZZ) of Recovery of Debts and Bankruptcy Act. The appticant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.

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Judgment pronounced in the open court on this 08th Day of May,2OZ4.

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14
E
(Ram Niwas Pa
Presidinq Offi cer

Bank of India v. Kalwati Chouhan W/O Kishore Bhilala

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Bank of India v. Kalwati Chouhan W/O Kishore Bhilala

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