The Debts Recovery Tribunal allowed the Original Application filed by IDBI Bank Ltd. for recovery of dues against two respondents. The court decreed the claim amount with interest and ordered the issuance of a recovery certificate.
Release of mortgaged and personal properties, issuance of Recovery Certificate, and payment of Rs. 44,82,773.00 with interest at 7% p.a.
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.
GONTD. ORDER. SHEET
PAGE NO
CASE NO
| DATE | DESCRIPTION OFTHEOROER | REMARK |
|---|---|---|
| oA149812 24t07t25 |
JudgmentpronouncedintheOpenCourtCampat Raipur.CopyofJudgmentbeissuedtothePartiesas perrutes.Recordbeconsignedto theRecordRoom. (Ra Patet) Presidingofficer DRT:Jabatpur CampCourt:RaiPur |
),rdd J6'h yfit -W, |
DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
cAttP couRT AT RATPUR(C.G.)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Original Application No. - 1498122
lDBl Bank Ltd., Devbhog Road, Near Shayam Charan Shukta Chowk, Rajim, Distt.-Gariyabandh (C.G.) 493885
Applicant
Versus
Dayaluram Markam, 01 ) 5/o Shri Megnath, R/o Vittage-Gedara, Gattasitti,
Ward No.-1, Nagri,
Distt.-Dhamtari (C.G.) 493773
Rudri Road, Vitlage'GokutPur, Tehsit & Distt.-Dhamtari(c.G.) 493773
Defendants
Counsel for the Appticant : ShriAmit Garg, Advocate
Defendants : Ex-Parte
JUDGMENT
(Dated : 24th JulY, 20?5)
i) Agricutture tandbearing Kh No.-290,291 ,296,303,307' 309' 311, 31 3, 3'l 4, 316,321, 372,323, 329, 334,340, 342,343 / 1, 343 I 2', 344'
1
oA 1498122
347 & 353, totat comprisingarea 9.64 hect., located at Village-Khadma, Tehsit-Chhura, Distt.-Gariyabandh(C.G.0 Rin Pustika No. P-0759368;
ii) Agriculture Land bearing Kh1150,1151 ,1191 ,1192' 1195, 1214, 1220, 1221 , 1222,1357,136212, 136611, 136612,1368/1,136812' 1368/3, 136814, 136815, 1369, 1371,1374 &.'1384, total comprising area 7.82 hects., located at Vittage'Mandeti,PH No.'11l23, Tehsi[-Chhura, Distt.- Gariyabandh (C.G.0 Rin Pustika No.'0505600;betongingto Defendant No.-1.
The Defendant No.-1 avaited the credit facititiesandalsoexecuted AOD from time to time lastty on26105/27 butwas poor in repayment.The accounts were ctassified as NPA and the Defendants faited totiquidatethe outstanding dues despite issuance of Recatl Notices lastlyon 26105122by the Appticant Bank. The Applicant-Bank has relied upon the documentsat Ex. A-1 to A-12 which wereproved by Shri Anand Kumar, Branch Head.
i) The Defendants do payjointty and severally Rs. 44,82,773.00 (Rupees Fourty Four Lakh, Eighty Two Thousand, Seven Hundred and Seventy Three onty) together with pendentelite and future interest @7% per annum simpte from the date of fiting of the OA, i.e., 22102122, with costs ti[[ its realization.
ii) The Applicant Bank is entitled to se[[ 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 injunction from depteting, transferring, encumbering, atienating or in any way deating with their properties/assets without first paying the claim of the Appticant Bank.
J
oA 1498122
iii) A Recovery Certificate beissued uls 19(22)of Recoveryof Debts and Bankruptcy Act.The appticant bank may fite a memo of cost within 7 days forpreparingRecoveryCertificate.
Judgmentpronounced inthe open court on this Day of 24thJuty, 2025 at Camp Court RaiPur.
9
6t
( as Pate t)
Presidin Off icer
2 issues framed by the court
Whether the present Original Application should be allowed for recovery of dues.
Whether interest and costs should be granted to the Applicant Bank.
2 provisions across 1 enactments
IDBI Bank Ltd.
Dayaluram Markam
Ramla Jagne
Shri Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
