Allowed

Canara Bank v. Sharwan Kumar

DRT9 Jul 2025OA/1568/2023

Case brief

AI extract

What is this about?

, the DRT held the defendants jointly and severally liable. The Original Application was allowed, declaring the defendant's liability to pay Rs. 20.91 lakh with future interest. A recovery certificate was issued permitting the bank to recover dues from the mortgaged property and other assets.

What did the court decide?

Recovery Certificate issued directing defendants to pay Rs. 20,91,025.82 with future interest at 11.25% p.a., recoverable from mortgaged property and personal assets.

Canara Bank versus Sharwan Kumar — Banking and Recovery | DRT (2025)

¶1

“ORIGINALAPPLICATION” No. 1568 OF 2023

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

¶4

O.A. NO. 1568 OF 2023

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DATE OF DELIVERY OF ORDER 09.07.2025

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Canara Bank, a body corporate constituted under Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its head office at 112, JC Road, Bengaluru, Karnataka 560002, and its branch offices throughout india along with one of its Branch at “Deoli”, Situated at Plot no. 2, Bheind Peer Baba, Patel Nagar, Deoli, Rajasthan 304804 through its Branch Manager Mr. Gaurav Pareek S/o. Sh. Vishnu Shankar Pareek.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Shrawan Kumar Buraniya son of Mool Chand Buraniya Resident of Post Dhingpura, Police Station Khatushyam ji, Dhingpur, Sikar Rajasthan-332601

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2. Mrs. Suman Devi wife of Shrawan Kumar Buraniya Resident of Dhani- Purohitan, Dhingpur, Sikar, Rajasthan332601.

¶11

……Defendants…..

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Counsel for the Applicant Bank Sh. Bhoop Singh Gurjar Defendants None

OA No. 1568 of 2023

JUDGMENT

This Original Application was filed by the applicant bank on 30.11.2023 for recovery of outstanding amount of Rs. 20,91,025.82 from the Defendants.

¶18

As per the pleadings, Defendant No. 1 & 2 had approached the applicant bank for availing Housing Loan Facility of by mortgaged of immovable property. After due consideration, Housing Loan Facility of Rs. 23,40,000/- was sanctioned by the Applicant Bank in favour of Defendants vide their sanction letter dated 28.03.2022. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 29.05.2023. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

¶19

Summons were issued to the Defendants on 17.02.2025 through Court Commissioner, but none appeared on behalf of the defendants.

¶20

Heard arguments and perused the record.

¶21

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/14 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

OA No. 1568 of 2023

In the result, this O.A. No. 1568 OF 2023 is allowed declaring that:-

¶26

a) After the perusal of the report of Court Commissioner, the Defendant no. 1 has misbehaved and manhandled with the Court Commissioner. Defendant no. 2 is the wife of the Defendant No. 1. For this conduct the bank is directed to lodge FIR against the Defendant No. 1. Behave of the defendants shows that they do not want to make any payment to the bank and will enjoy the same. In these circumstances, this original application deserves to be allowed. Affidavit of evidence has already on record.

¶27

b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 20,91,025.82 (Rupees Twenty Lac Ninety One Thousand Twenty Five and Eighty Two Paisa only) with future interest @ 11.25% p.a. with monthly rest from 30.11.2023 till the date of realization.

¶28

c) The applicant bank is entitled to recover the above amount from the sale of mortgaged property i.e. “Residential Land, Misal No. 67/2021-22, Sanklap No. 67/2021-22, Plot no. 10 in Khasra No.4061/2500 situated at Panwar Tehsil- Deoli, District Tonk Rajasthan Total Admeasuring 1000 Sq. Ft. in the name of Smt. Suman Devi” as well as from the personal movable and immovable properties/assets of

OA No. 1568 of 2023

Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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d) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur 01.10.2025 .

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Prepare Recovery Certificate accordingly.

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10.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 09.07.2025.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1568 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

¶45

PRESIDING OFFICER

¶46

O.A. NO. 1568 OF 2023

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DATE OF DELIVERY OF ORDER 09.07.2025

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

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¶51

…..Applicant Bank…..

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VERSUS

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1. Mr. Shrawan Kumar Buraniya son of Mool Chand Buraniya Resident of Post Dhingpura, Police Station Khatushyam ji, Dhingpur, Sikar Rajasthan-332601

¶54

2. Mrs. Suman Devi wife of Shrawan Kumar Buraniya Resident of Dhani- Purohitan, Dhingpur, Sikar, Rajasthan332601.

……Defendants…..

OA No. 1568 of 2023

Recovery Certificate for Rs.20,91,025.82

¶60

In terms of final order dated 09.07.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) After the perusal of the report of Court Commissioner, the Defendant no. 1 has misbehaved and manhandled with the Court Commissioner. Defendant no. 2 is the wife of the Defendant No. 1. For this conduct the bank is directed to lodge FIR against the Defendant No. 1. Behave of the defendants shows that they do not want to make any payment to the bank and will enjoy the same. In these circumstances, this original application deserves to be allowed. Affidavit of evidence has already on record.

¶62

b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 20,91,025.82 (Rupees Twenty Lac Ninety One Thousand Twenty Five and Eighty Two Paisa only) with future interest @ 11.25% p.a. with monthly rest from 30.11.2023 till the date of realization.

¶63

c) The applicant bank is entitled to recover the above amount from the sale of mortgaged property i.e. “Residential Land, Misal No. 67/2021-22, Sanklap No. 67/2021-22, Plot no. 10 in Khasra No.4061/2500 situated at Panwar Tehsil- Deoli, District Tonk Rajasthan Total Admeasuring 1000 Sq. Ft. in the name

OA No. 1568 of 2023

of Smt. Suman Devi” as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶68

d) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 01.10.2025.

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on 09.07.2025.

¶72

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1568 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶77

PRESENT- SHRI VIMAL GUPTA

¶78

PRESIDING OFFICER

¶79

O.A. NO. 1568 OF 2023

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DATE OF DELIVERY OF ORDER 09.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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¶84

…..Applicant Bank…..

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VERSUS

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1. Mr. Shrawan Kumar Buraniya son of Mool Chand Buraniya Resident of Post Dhingpura, Police Station Khatushyam ji, Dhingpur, Sikar Rajasthan-332601

¶87

2. Mrs. Suman Devi wife of Shrawan Kumar Buraniya Resident of Dhani- Purohitan, Dhingpur, Sikar, Rajasthan332601.

……Defendants…..

OA No. 1568 of 2023

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	23,005.00
2	Process Fee (Inc. Publication)	84.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	24,339.00

¶93

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1568 of 2023

Date : 09.07.2025

¶98

Counsel:

¶99

Sh. Bhoop Singh Gurjar, Counsel for Applicant Bank None for the Defendants

¶100

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

¶101

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1568 of 2023

Date : 09.07.2025

¶106

Counsel:

¶107

Sh. Bhoop Singh Gurjar, Counsel for Applicant Bank None for the Defendants

¶108

The Tribunal vide order dated 09.07.2025 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶109

The Registrar vide order dated 09.07.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶110

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶111

Canara Bank v. Sharwan Kumar

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sharwan Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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