Bookmark
PDF
Share
CaseIQ

STATE BANK OF INDIA v. NEW SUBHASH BAL VIDHYA MANDIR SANSTHAN

Debts Recovery Tribunal

Jan 28, 2020

Judgment

Subsequent
References

CaseIQ

Smart Summary (Beta)

Structured Summary of the Opinion — Debts Recovery Tribunal, Jaipur (O.A. No. 801 of 2018)

Factual and Procedural Background

The State Bank of India (applicant bank) filed Original Application No. 801 of 2018 on 09.10.2018 seeking recovery of Rs. 15,11,350.23 (Rupees Fifteen Lacs Eleven Thousand Three Hundred Fifty and Twenty Three Paisa Only) alleged to be due under a Cash Credit Facility. The claim as pleaded included interest (the application originally sought interest at 14.70% p.a. compounded at monthly rests) and sought recovery, in default, by sale of immovable mortgaged property of Defendant No.1 (Khasra No. 93/352 measuring 1.64 Hect.), along with constructions thereon and by proceeding against the defendants' personal movable and immovable assets, jointly and severally.

The defendants were called but remained absent; they were set ex-parte on 02.03.2019. The applicant bank filed an affidavit of evidence with documentary exhibits marked A/1 to A/40. The Tribunal heard the counsel for the applicant and pronounced judgment in open court on 28.01.2020 (Presiding Officer: Vivek Saxena). A Recovery Certificate was prepared and issued in compliance with the Tribunal's directions and Registrar's verification under applicable tribunal regulations.

Legal Issues Presented

Whether, by sale of the immovable mortgaged property of Defendant No.1 (Khasra No. 93/352 measuring 1.64 Hect. with described boundaries) and by proceeding against the defendants' personal movable and immovable properties/assets jointly and severally, the applicant bank is entitled to recover the claim as prayed for in the O.A.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal's analysis, as stated in the opinion, proceeded on a limited factual and procedural record:

The defendants were ex-parte. The Tribunal noted the defendants' absence and treated their non-appearance accordingly.
The applicant bank had filed an evidence affidavit and produced documentary exhibits (Exhibits A/1 to A/40). The Tribunal found that the affidavit of evidence together with the recitals in the filed documents "clinches the claim" of the applicant bank against the defendants.
On that basis — i.e., the defendants' ex-parte status combined with the applicant's documentary evidence — the Tribunal held that the defendants were liable to pay the claimed amount with future interest and costs.
The Tribunal directed the preparation and issuance of a Recovery Certificate. The Registry was directed to verify the Recovery Certificate in accordance with Regulation 24(1) and (2) of the Debts Recovery Tribunal, Jaipur Regulations, 2015; the Registrar verified the certificate on the same date and the Recovery Certificate was prepared accordingly.
The Recovery Certificate directed that the Recovery Officer, DRT Jaipur, realize the amount in the manner and mode prescribed under Sections 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act (as set out in the certificate), and parties were directed to appear before the Recovery Officer on 09.04.2020 for further proceedings.

The opinion records these steps and factual findings but contains no extended legal analysis or citation of case law; the Tribunal's conclusion is based on the ex-parte status of the defendants and the documentary evidence submitted by the applicant.

Holding and Implications

Core Ruling: O.A. No. 801 of 2018 is allowed; the defendants are declared liable to pay Rs. 15,11,350.23 with future interest and costs, and the applicant bank is entitled to recover the amount by sale of the mortgaged immovable property and by proceeding against the defendants' movable and immovable assets.

Direct consequences ordered by the Tribunal (as recorded in the opinion):

The Tribunal declared that the defendants are liable to pay Rs. 15,11,350.23. The judgment text records future interest in two places: the judgment portion (paras 7–10) states future interest @ 14.70% p.a. (the judgment text refers to "@ 14.70 % p.a. (Simple) rests from the date of filing the original application till the date of realization"), whereas the Recovery Certificate text that follows records future interest @ 11% p.a. (Simple) from the date of filing the original application till realization. Both figures appear in the provided opinion and are reported here exactly as recorded; the opinion itself does not explain or reconcile the differing interest rates within the document.
The applicant bank was permitted to recover the decretal amount by sale of Defendant No.1's mortgaged immovable property (Khasra No. 93/352 measuring 1.64 Hect. with the specific boundaries described in the order) together with constructions thereon, and to proceed against the defendants' personal movable and immovable properties/assets, jointly and severally.
The applicant bank was awarded the costs and expenses of the O.A. The filed Memo of Costs itemizes fees totaling Rs. 19,682 (Fee on the application: Rs. 18,000; Process Fees including publication: Rs. 432; Advocate Fees: Rs. 1,250; Miscellaneous: NIL).
The Recovery Certificate was to be issued forthwith, sent to the Recovery Officer, DRT Jaipur, copies of the judgment and Recovery Certificate were to be sent by registered post to each party free, and parties were directed to appear before the Recovery Officer on 09.04.2020 for realization under the relevant statutory provisions (Sections 25 and 28 as referenced in the Recovery Certificate).

Broader legal implications: The opinion contains no discussion of broader precedent or doctrinal changes. It is a decision on the specific application with directions for recovery; no new legal principle or binding precedent is articulated in the text.

Administrative and Formal Details Recorded in the Opinion

Presiding Officer: (Vivek Saxena), Presiding Officer, Debts Recovery Tribunal, Jaipur.
Date of delivery of order/judgment and issuance of Recovery Certificate: 28.01.2020.
Counsel for the Applicant Bank: Sh. Yash Pal Garg.
Defendants: New Subhash Bal Vidhya Mandir Sansthan (through President), Smt. Mohini Nagar (legal heir/guarantor), and two minor legal heirs represented by guardian — all listed as defendants in the certificate portion.
Documentary exhibits relied upon by the applicant: Exhibits A/1 to A/40 (as filed with the evidence affidavit).
Registry directions: Verify Recovery Certificate under Regulation 24(1) & (2) of DRT Jaipur Regulations, 2015; Registrar verified and Recovery Certificate prepared on 28.01.2020.

This summary is based exclusively on the contents of the provided opinion text and does not add information beyond what is recorded therein.

Show all summary ...

1. The Applicant Bank originally filed this O.A. on 09.10.2018, against the Defendants for the recovery of a sum of Rs 15,11,350.23 (Rupees Fifteen

2 OA No. 801/2018 Lacs Eleven Thousand Three Hundred Fifty and Twenty Three Paisa Only) Cash Credit Facility @ 14.70 %p.a. Compounded at monthly rests from the Defendants with date of filing this original application till the date of realization and in default by sale of immovable mortgaged property of defendant no. 1 Khasra No. 93/352 measuring 1.64 Hect. alongwith construction thereon bounded as on Eastern Side Atru Salepura Road, Western Side open Land of Govt., Northern Side Open Land of Govt. and Southern Side Open Land of Govt. as well as Personal movable and immovable properties/assets of Defendants, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt. The applicant bank is entitled to the costs and expenses of the original application.

2. The Defendants are called absent and set ex-parte on 02.03.2019.

3. The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/40.

4. Heard the Ld. Counsel for the applicant bank.

5. The point that arise for consideration is: by sale of immovable mortgaged property of defendant no. 1 Khasra No. 93/352 measuring 1.64 Hect. alongwith construction thereon bounded as on Eastern Side Atru Salepura Road, Western Side open Land of Govt., Northern Side Open Land of Govt. and Southern Side Open Land of Govt. as well as Personal movable and immovable properties/assets of Defendants. Whether the applicant bank is entitled to the claim as prayed for?

6. As stated supra, the Defendants remained ex-parte. The applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/40 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

7. In the result, this O.A. No. 801 of 2018 is allowed declaring that:-

a) The Defendants are liable to pay to the applicant bank a sum of Rs 15,11,350.23 (Rupees Fifteen Lacs Eleven Thousand Three Hundred Fifty and Twenty Three Paisa Only) with future interest

3 OA No. 801/2018 @ 14.70 % p.a. (Simple) rests from the date of filing the original application till the date of realization.

b) The applicant bank is entitled to recover the above amount by the by sale of immovable mortgaged property of defendant no. 1 Khasra No. 93/352 measuring 1.64 Hect. alongwith construction thereon bounded as on Eastern Side Atru Salepura Road, Western Side open Land of Govt., Northern Side Open Land of Govt. and Southern Side Open Land of Govt. as well as Personal movable and immovable properties/assets of Defendants, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt.

c) The applicant bank is entitled to the costs and expenses of the O.A.

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

9. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.04.2020.

10. Prepare Recovery Certificate accordingly.

11. 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. (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 28.01.2020. (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur Dated-28.01.2020

4 OA No. 801/2018 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 801 of 2018 DATE OF DELIVERY OF ORDER 28.01.2020 RECOVERY CERTIFICATE (UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 11054 (Act 51 of 11054) State Bank of India, a body corporate, constituted under the State Bank of India Act, 1955, having its Registered Office at State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai (Maharashtra) 400021 & one of its Local Head Offices at Tilak Marg, C-Scheme, Jaipur and having branches all over India and one of its Branch Office is situated at Atru- 321218 District Baran (Rajasthan) through its Branch Manager. ..Applicant Bank VERSUS

1. New Subhash Bal Vidhya Mandir Sansthan, Hat Chawk, Atru District Baran (Rajasthan) 321218 through its President.

2. Smt. Mohini Nagar w/o Late Shri Jamna Lal Nagar by caste Dhakad R/o Near Nursingh Mandir, Atru District Baran (Rajasthan) 321218 (Legal Heir of deceased Shri Jamna Lal Nagar Guarantor)

3. Kumari Bhagyashali Nagar age 8 years D/o Late Shri Jamna Lal Nagar by caste Dhakad R/o Near Nursingh Mandir, Atru District Baran (Rajasthan)- 321218 through its natural guardian mother Smt. Mohini Nagar (Legal heir of deceased Shri Jamna Lal Nagar guarantor)

4. Kumari Mahi Nagar age 5 years D/o Late Shri Jamna Lal Nagar by caste Dhakad R/o Near Nursingh Mandir, Atru District Baran (Rajasthan)- 321218 through its natural guardian mother Smt. Mohini Nagar (Legal Heir of deceased Shri Jamna Lal Nagar guarantor). Defendants. Recovery Certificate for Rs 15,11,350.23 In terms of final order dated 28.01.2020 passed by this Tribunal in the above mentioned case, it is ordered that the-

5 OA No. 801/2018

a) The Defendants are liable to pay to the applicant bank a sum of Rs. 15,11,350.23 (Rupees Fifteen Lacs Eleven Thousand Three Hundred Fifty and Twenty Three Paisa Only) with future interest @ 11%p.a. (Simple) rests from the date of filing the original application till the date of realization.

c) The applicant bank is entitled to the costs and expenses of the O.A.

ii. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.04.2020. 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, 11054 (as amended from time to time) from the above named Certificate Debtor. This Certificate has been issued under my signatures and seal of the Tribunal on this 28.01.2020. (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur Dated-28.01.2020

6 OA No. 801/2018 FORM NO. 10 [See Regulation-24(1)] DEBTS RECOVERY TRIBUNAL SFE 3-4, Nehru Place, Tonk Road, JAIPUR- 302015 SCHEDULED TO RECOVERY CERTIFICATE MEMO OF COST O.A No. 801 of 2018 State Bank of India, a body corporate, constituted under the State Bank of India Act, 1955, having its Registered Office at State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai (Maharashtra) 400021 & one of its Local Head Offices at Tilak Marg, C-Scheme, Jaipur and having branches all over India and one of its Branch Office is situated at Atru- 321218 District Baran (Rajasthan) through its Branch Manager. ..Applicant Bank VERSUS

1. New Subhash Bal Vidhya Mandir Sansthan, Hat Chawk, Atru District Baran (Rajasthan) 321218 through its President.

2. Smt. Mohini Nagar w/o Late Shri Jamna Lal Nagar by caste Dhakad R/o Near Nursingh Mandir, Atru District Baran (Rajasthan) 321218 (Legal Heir of deceased Shri Jamna Lal Nagar Guarantor)

1. Fee on the application 18,000

2. Process Fees (inc. Publication) 432

3. Advocate Fees 1,250

4. Commissioner/Receivers/Valuation/ Security Fee

5. Miscellaneous Charges NIL Total Costs 19,682 Place-Jaipur Dated-28.01.2020 (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

7 OA No. 801/2018 28.01.2020 Counsel: Sh. Yash Pal Garg, Counsel for the Applicant Bank Defendants are Ex-parte. 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. (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

8 OA No. 801/2018 28.01.2020 Counsel: Sh. Yash Pal Garg, Counsel for the Applicant Bank Defendants are Ex-parte. The Tribunal vide order dated 28.01.2020, directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. The Registrar vide order dated 28.01.2020 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is 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. (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

9 OA No. 801/2018 DEBTS RECOVERY TRIBUNAL, JAIPUR ORIGINAL APPLICATION NO. 801 of 2018 The Recovery Certificate prepared in compliance of order dated 28.01.2020 passed by Honble Presiding Officer, DRT, Jaipur in Original Application No.