Allowed

Central Bank of India v. Shabbir Hussain

DRT24 Jul 2025OA/487/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by Central Bank of India for recovery of Rs. 86 Lakh plus interest. The court decreed payment joint and several, directed sale of mortgaged and personal assets, and issued a Recovery Certificate.

What did the court decide?

Order (i) Defendants pay Rs. 86,13,289.00 with 8.30% p.a. interest; (ii) Applicant entitled to sell mortgaged/personal properties; (iii) Recovery Certificate issued u/s 19(2)(d).

Central Bank of India versus Shabbir Hussain — Contract and Commercial Disputes | DRT (2025)

CONTD. ORDER. SHEET

PAGE NO

CASE NO

DATE DESCRIPTION OF THE ORDER REMARK
OA
74t07 t75
Judgment pronounced in the Open Court Camp at
Raipur. Copy of Judgment be issued to the Parties as
per rutes. Record be consigned to the Record Room.
(Ra Patet) ri
Presiding officer
DRT : Jabatpur
Camp Court : Raipur

¶5

DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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cAtAP COURT AT RATPUR (C.G.)

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

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Originol Application No.^- 487/24

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Centrat Bank of lndia, Sadar Bazar, Raipur (C.G.)

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Appticant

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Versus

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Shabbir Hussain,

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01 ) S/o Fazid Fazal Bhoy

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Zaheera Ahmed,

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' W/o Shabbir Husain

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(Both R/o Flat No.-201 , Second Floor, Shivam Apartment, Byron Bazar, Raipur, C.G. 492001l,

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Defendants

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Counsel for the Appticant : Shri^{Arun K. Pandey, Advocate}

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Defendants : Ex-Parte

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JUDGMENT

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(Dated : 24'n July,7025)

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The Appticant-Bank has^{fited the present OriginalApplication} u/s 19 of Recovery of Debts^{andBankruptcyAct on 01104124 against the} Defendants for recovery of^{Rs. 86,13,289.00 (Rupees Eighty Six takh,} Thirteen Thousand, Two^{Hundred and Eighty Nine on[y) along with interest} and other reliefs^as stated.

¶24

The brief facts of the case^{are that on the requestof} Defendant No.-1 &' 2, the^{Appticant Bank sanctionedHousing Loan of Rs' 73} Lakh on 76/03118 and in^{considerationof the same the Defendantsin} addition to execution of^{loan documents, have atso createdequitable} mortgage over the immovabte^{property,i.e., P[ot No.-34, PatwariHatka No'-} 113, Khasra No.'360/1,^{admeasuring3000 sq.ft.,situatedat Tetibandha,} Maharshi Batmiki^{Ward No.-28,R.l.C. Raipur, Mahamaya DeviGrih Nirman} Sahkari Samiti Maryadit,^{Raipur (c.G.) 492001; belongingto DefendantNo.-} 1. The Defendants^{avaitedthe credit facitity but faited to liquidatethe} outstanding dues despite^{issuanceof Legat Notice on 17 /01 174 and initiation} ofactionundertheSecuritisationActbytheAppticantBank'TheApplicant-

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oA 487121

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Bank has relied upon the documents at Ex. A-1 to A-12 which were proved by Shri S. Dharma Rao, Assistant General Manager.

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Despite service of notice, the Defendants neither appeared nor filed written statement. They were proceeded ex-parte vide order dated 03107 125. There is therefore, no reason to disbetieve the contentions of the Bank. Considering the facts of the case, I opine that the Defendants are jointty and severatty tiable to pay the ctaim amount together with interest and costs. The Applicant-Bank in its apptication has ctaimed interest @8.30% p.a. with monthty rests. However, I feet it fair and reasonable to grant interest @8.30% p.a. simpte pendentelite and future ti[[ realizat.ion of the dues. The mortgaged property is liable to be sotd for recovery of amount due atong with the personal properties and assets of the Defendants.

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The Original Apptication is altowed and it is ordered as underi) The Defendants do pay jointty and severalty Rs. 86,13,2t9.00 (Rupees Eighty Six lakh, Thirteen Thousand, Two Hundred and Eighty Nine onty) together with pendentelite and future interest @8.30% per annum simpte from the date of fiting of the OA, i.e.,01 104/24, 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 reatization 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.

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iii) A Recovery Certificate be issued uls 19(221 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 Day of 24th Juty, 2025 at Camp Court Raipur.

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(Ram Niwas Patet) Presidinq Officer

Central Bank of India v. Shabbir Hussain

Case brief

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Central Bank of India v. Shabbir Hussain

Case brief

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