Debts Recovery Tribunal allowed an Original Application filed by a bank. The Court decreed the recovery of the principal amount with interest and ordered the issuance of a Recovery Certificate under Section 19(27) of the Recovery of Debts and Bankruptcy Act.
Payment of Rs. 69,83,928.08 with 12% per annum interest; issuance of a recovery certificate.
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 OFTHEORDER | REMARK |
|---|---|---|
| oA21612.4 23t07125 |
JudgmentpronouncedintheOpenCourtCampat Raipur.CopyofJudgmentbeissuedto thePartiesas perrutes.Recordbeconsignedto theRecordRoom. (Ra Patet) Presidingofficer DRT:Jaba[Pur CampCourt:RaiPur |
lhonmrndraDqA 3,P-,r^o6ft-or.) Z,o R"r.?'t' 0 ?3-")'L5' |
DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
cAltP couRT AT RATPUR(C.G.)
(Presiding Officer - Hon'ble Shri Ram Niwas Patel)
Original Applicotion No.- 216124
Punjab NationaI Bank, Circte SASTRA Centre, Naya Raipur (C.G.)
Appticant
Versus
01 ) M/s 5SR Fi[[ing Station, Though anyone of its PartnersShri Rakesh Rajaram Agrawal and Smt. Sarita Agrawal
(A[[ at Bungtow No.-3, Dolphin Ptaza, Mowa Road, Near HDFC Bank,Raipur, C.G.)
Defendants
Counsel for the ApPlicant : Shri ALok Mishra,Advocate Defendants : Ex-parte
JUDGMENT
(Dated : 23'd JutY, 2025)
')
oA2t6t24
a[so created equitabte mortgage over the immovabte property, i.e., Municipal House No.-35/884, Khasra No-133/5, P.H. No.-108/38, situated at Fafadih Shahid Hemu Kalani, Ward No.-35, Raipur, area measuring 510 sq.ft.; betonging to Defendant No.-2. The Defendants avaited the credit facitities but faited to liquidate the outstanding dues despite issuance of Notice on 03/04121 and initiation of action under the Securitisation Act by the Appticant Bank. The Appticant-Bank has retied upon the documents at Ex. A-1 to A-13 which were proved by Shri Ajeet Kumar, Assistant General Manager.
i) The Defendants do pay jointty and severally Rs. 69,g3,92g.0g (Rupees Sixty Nine Lakh, Eighty Three Thousand, Nine Hundred Twenty Eight and Paisa Eight onty) together with pendentetite and future interest @12yo per annum simpte from the date of fiting of the 0A, i.e., 15/12i23, with costs tilt its reatization.
ii) The Appticant Bank is entitted to se[[ the mortgaged as wetl as persona[ properties and assets of the Defendants for rea[ization 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 ctaim of the Appticant Bank.
J
oA2t6124
iii) A Recovery Certificate be issued uls19(27) ofRecoveryof Debts and Bankruptcy Act. The applicant bankmay fite amemo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open courton this Day of 23'dJuty, 2025 at Camp Court Raipur.
7 ,
(Ram Niwas Presidin Officer
2 issues framed by the court
Whether the Defendants are liable to pay the claimed amount along with interest and costs.
Whether the mortgaged property is liable to be sold for recovery of the dues.
Colour shows how this judgement treated each authority
Securitisation ActReferred¶25
2 provisions across 1 enactments
Punjab National Bank, Circte SASTRA Centre, Naya Raipur (C.G.)
M/s 5SR Fi[[ing Station
Shri Rakesh Rajaram Agrawal
Smt. Sarita Agrawat
Ram Niwas Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
