Allowed

State Bank of India v. M/S Aman Roadways through Its Proprietor- Shri Guru Dayal Singh

DRT24 Jul 2025OA/638/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the applicant Bank's Original Application for recovery of Rs. 1.03 crore. In the Defendants' absence, the Court adjudicated the claim, fixed interest at 12% p.a., and ordered the issue of a Recovery Certificate under Section 19(2) of the RDB Act.

What did the court decide?

Defendants to pay Rs. 1,03,09,459.00 with 12% simple interest; Stay on alienating properties; Recovery Certificate to be issued.

State Bank of India versus M/S Aman Roadways through Its… — Banking and Recovery | DRT (2025)

GONTD. ORDER. SHEET

PAGE NO

CASE NO

DATE	DESCRIPTION OFTHEORDER	REMARK
oA 633/2 24t07t25	Judgment^{pronouncedintheOpenCourtCamp at} Raipur.CopyofJudgment^{beissuedtothePartiesas} perrules.Record be consigned^{to theRecordRoom'} (Ra s Patet) Presidingofficer DRT:Jabatpur CampCourt:RaiPur	frt,Yr1-t^--.- ff5,[x, tr,"),['fu

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{rr-r-

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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.AMP COURT AT RATPUR^(C.G.)

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

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Original Application No.^- 638/24

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State Bank of lndia, Stressed Assets Recovery^Branch, BLock B-1, Pujari Chamber, Pachpedi Naka, Tikrapara, Raipur^(C.G.)

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AppIicant

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Versus

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M/s Aman RoadwaYs, 01 ) Through its ProprietorShri Guru DaYat Singh, Ptot No.-271 /2721773, Near Sai Leela Dharam^Kanta, Light lndustria[ Area, Transport Nagar^Road, Bhitai, Durg (C.G.)⁴⁹⁰⁰¹¹

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Shri Guru^{DaYa[ Singh,} S/o Shri DitiP Singh, House No.-159,^{Ward No.-35,} Durga Mandir^Road, Near KanYa High Schoot,^Zone'1, Khursipar, Bhitai,^{Durg(C.G.)490011}

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Defendants

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Counsel for the^{Appticant : Shri L.P' Yadav, Advocate}

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Defendants : Ex-Parte

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JUD GMENT

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(Dated : 24'n July, 2025)

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l.TheAppticant.BankhasfitedthepresentoriginatApplication ulslgofRecoveryofDebtsandBankruptcyActon02105124againstthe Defendants for^{recovery of Rs. 1,03,09,459'00(RupeesOne Crore'Three} Lakh, Nine Thousand,^{Four Hundredand Fifty Nine onty)atongwith interest} and other reliefs^{as stated.}

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The brief^{facts of the caseare that on the joint request of} 2, Defendant No.-1^{through its Proprietor Defendant No.-2,the ApplicantBank} sanctioned^{CashCreditof Rs' 90 Lakh on l1llOtZZ and in considerationof} loan documents. The the same the Defendants^{executed requisite} iLed to liquidate the Defendants avaited the^{credit facitities but}

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oA 637 t24

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outstanding dues despite issuance of Legal Notice 04/04l24 by the Appticant Bank. The Appticant-Bank has relied upon the documents at Ex. A-1 to A-7 which were proved by Shri Sajan Joseph Mathew, Chief 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 03/10/24. 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 severally liabte to pay the ctaim amount together with interest and costs. The Appticant-Bank in its apptication has ctaimed^.interest @17.75y" p.a. with monthly rests. However, I feet it fair and reasonable to grant interest @12% p.a. simple pendentetite and future titt reatization of the dues. The personal properties and assets of the Defendants are liabte to be sotd for recovery of amount due.

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The Originat Apptication is attowed and it is ordered as under_

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i) The Defendants do pay jointty and severatly Rs. i,03,09,459.00 (Rupees One Crore, Three Lakh, Nine Thousand, Four Hundred and Fifty Nine onty) together with pendentetite and future interest @12% per annum simpte from the date of fiting of the OA, i.e., 02/05/24, with costs titt its realization.

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ii) The Appticant Bank is entitted to sett the 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 o|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(ZZ) of Recovery of Debts and Bankruptcy Act. The appticant bank may fire 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 Ju[y, 2025 at Camp Court Raipur.

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?e
o7
(Ra a atet)
Presi dine 0ff icer

State Bank of India v. M/S Aman Roadways through Its Proprietor- Shri Guru Dayal Singh

Case brief

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State Bank of India v. M/S Aman Roadways through Its Proprietor- Shri Guru Dayal Singh

Case brief

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What did the court decide?

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