Citation Codes

Equivalent Citations

citation codes

Case Number

OA/1318/2019

Disposition

allowed

Attorney(S)

Judges

VIVEK SAXENA

Acts

SECTION 22 RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT 1993
Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993

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Smart Summary

Structured Summary of Judgment: O.A. No. 1318 of 2019 (Debts Recovery Tribunal, Jaipur)

Factual and Procedural Background

The applicant is HDFC Bank Limited which filed Original Application No. 1318 of 2019 on 20-08-2019 before the Debts Recovery Tribunal, Jaipur seeking recovery of Rs.33,22,344.93 (Thirty Three Lacs Twenty Two Thousand Three Hundred Forty Four and paisa Ninety Three Only) on a Cash Credit facility. The bank's claim originally sought interest at 13.80% p.a. with monthly rests from the defendants from the date of filing until realization, and, in default, sale of specified mortgaged properties and recovery from personal movable and immovable assets of the defendants.

Defendants named in the O.A. are: (1) M/s. Ashirwad Medi Pharma (through its proprietor Mr. Ramesh Basandani); (2) Mr. Ramesh Basandani; (3) Mrs. Rajani Basandani; and (4) M/s. J.D. Distributors (through its proprietor Mr. Ramesh Basandani). The defendants were called absent and were set ex-parte on 07-01-2020.

The applicant filed an evidence affidavit and annexed documents marked Exhibit A/1 to A/19. The Tribunal heard the learned counsel for the applicant. Judgment was delivered on 17-03-2020.

Legal Issues Presented

Whether the applicant bank is entitled to the claim as prayed for?

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 reasoning as appears in the text proceeded as follows:

The defendants were ex-parte and did not contest the claim (they were set ex-parte on 07-01-2020).
The applicant bank filed an evidence affidavit and placed on record documents marked Exhibits A/1 to A/19.
The Tribunal stated that the evidence affidavit together with the recitals in the documents (Exhibits A/1 to A/19) "clinches the claim of the applicant bank against the Defendants."
On that basis, and in the absence of any defence or rebuttal from the defendants (who were ex-parte), the Tribunal held that the defendants were liable to pay the claim made in the O.A., with future interest and costs. The Tribunal therefore allowed the O.A.
Although the applicant's claim sought interest at 13.80% p.a., the Tribunal awarded future interest at 10% p.a. (simple) from the date of filing of the original application until realization—this award of interest is expressly recorded in the judgment and in the Recovery Certificate.
The Tribunal ordered issuance of a Recovery Certificate under Sub-section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and directed that the Recovery Officer realize the amount in the mode prescribed under Sections 25 and 28 of the Act.
The Registry/Registrar was directed to verify the Recovery Certificate in accordance with Regulation 24(1) and (2) of the Debts Recovery Tribunal Jaipur Regulation 2015; the Registrar verified the Recovery Certificate and it was placed before the Presiding Officer for signature, as recorded in the file notes appended to the judgment.

Holding and Implications

Core Holding: O.A. No. 1318 of 2019 is allowed.

Specific operative directions and consequences as recorded in the opinion:

The defendants are declared liable to pay HDFC Bank Limited a sum of Rs.33,22,344.93.
Future interest is awarded at 10% per annum (simple) from the date of filing the original application (20-08-2019) until the date of realization.
The applicant bank is entitled to recover the amount by sale of the mortgaged properties specified in the order, namely:

Kalyan Mansion constructed on South Side ½ part of plot no. 05 (known as plot no. 5B), Film Colony, Chokri Modikhana, Jaipur — West facing South side shop at ground floor & mezzanine floor, area 221.00 sq. ft., Kalyan Mansion 5B.
Second Floor, admeasuring 50.07 sq. meters, Kalyan Mansion, 5B, Film Colony, Chokri Modikhana, Jaipur.

The bank is also entitled to proceed against the defendants' personal movable and immovable properties/assets, jointly and severally, for recovery of the debt.
The applicant is entitled to costs and expenses of the O.A.; a memo of costs (Schedule to Recovery Certificate / Form No. 10) appearing in the file lists total costs as Rs.35,534 (breakdown: fee on application Rs.34,000; process fees Rs.284; advocate fees Rs.1,250; other items NIL), and the Judgment records that the bank is entitled to costs and expenses.
A Recovery Certificate under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was prepared and issued on 17-03-2020. The Recovery Officer, DRT Jaipur, was directed to realize the amount as per the Certificate in the manner prescribed under Sections 25 and 28 of the Act.
Parties were directed to appear before the Recovery Officer, DRT, Jaipur on 19-06-2020 for further proceedings under the Recovery Certificate.

No broader precedential analysis or citation-based reasoning is contained in the opinion; the decision rests on the applicant's documentary evidence and the defendants being ex-parte.

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HDFC BANK v. M/S ASHIRWAD MEDI PHARMA.

"ORIGINAL APPLICATION" No. 1318 of 2019

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

PRESENT- SHRI VIVEK SAXENA

PRESIDING OFFICER

O.A. NO. 1318 OF 2019

DATE OF DELIVERY OF ORDER 17-03-2020

HDFC BANK LIMITED

Registered Office at-Senapati Bapet Marg, Lower Parel, West Mumbai 400013

Office at-5^th, Floor, Department for Special Operations, Ansal Clasique Tower, Plot No. 1, J-Block, Community Centre, Opposite Surya Continental, Rajori Garden, New Delhi 110027

…..Applicant Bank……

VERSUS

1. M/S. ASHIRWAD MEDI PHARMA, through its Proprietor Ramesh Basandani, having office at-D-358, Brainj Tower, Near Gaurav Tower, Malviya Nagar, Jaipur-302004

2. MR. RAMESH BASANDANI, S/o. Shri Dhalu Mal Basandani, R/o. D-358, Brain Tower, Near Gaurav Tower, Malviya Nagar, Jaipur

302004

3. MRS. RAJANI BASANDANI, W/o. Shri Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur

4. M/S. J.D. DISTRIBUTORS, through its Proprietor Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur ……Defendants….

Counsel for the Applicant Bank - Shri Alok Garg Defendants- Ex-parte

JUDGMENT

1. The Applicant Bank originally filed this O.A. on 20-08-2019, against the Defendants for the recovery of a sum of Rs.33,22,344.93/- (Thirty Three Lacs Twenty Two Thousand Three Hundred Forty Four and paisa Ninety Three Only) on Cash Credit Facility @ 13.80% p.a. with monthly rests from the Defendants with date of filing this original application till the date of realization and in default by sale of mortgaged properties i.e.-

(i) Kalyan Mansion Constructed on South Side ½ Part of plot no. 05, known as plot no. 5B, situated at Film Colony, Chowkri Modikhana, Jaipur-Share of mortgage-West facing South side Shop at Ground Floor & Mezzanine Floor, area 221.00 Sq. Fts, Kalyan Mansion 5B, Film Colony, Chokri Modikhana, Jaipur.

(ii) Second Floor, admeasuring 50.07 Sq. Mtrs., Kalyan Mansion, 5B, Film Colony, Chokri Modikhana, Jaipur.

AND 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 is called absent and set ex-parte on 07.01.2020.

3. The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/19.

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

5. The point that arise for consideration is:

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/19 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. 1318 of 2019 is allowed declaring that:-

a) The Defendants are liable to pay to the applicant bank a sum of Rs.33,22,344.93/- (Thirty Three Lacs Twenty Two Thousand Three Hundred Forty Four and paisa Ninety Three Only) with future interest @ 10% 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

sale of mortgaged properties i.e.-

i) Kalyan Mansion Constructed on South Side ½ Part of plot no. 05, known as plot no. 5B, situated at Film Colony, Chowkri Modikhana, Jaipur-Share of mortgage-West facing South side Shop at Ground Floor & Mezzanine Floor, area 221.00 Sq. Fts, Kalyan Mansion 5B, Film Colony, Chokri Modikhana, Jaipur.

ii) Second Floor, admeasuring 50.07 Sq. Mtrs., Kalyan Mansion, 5B, Film Colony, Chokri Modikhana, Jaipur.

AND 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 19-06-2020.

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. 17-03-2020.

(Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-03-2020

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

PRESENT- SHRI VIVEK SAXENA

PRESIDING OFFICER

O.A. NO. 1318 OF 2019

DATE OF DELIVERY OF ORDER 17-03-2020

RECOVERY CERTIFICATE

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

HDFC BANK LIMITED

Registered Office at-Senapati Bapet Marg, Lower Parel, West Mumbai 400013

Office at-5^th, Floor, Department for Special Operations, Ansal Clasique Tower, Plot No. 1, J-Block, Community Centre, Opposite Surya Continental, Rajori Garden, New Delhi 110027

…..Applicant Bank……

VERSUS

1. M/S. ASHIRWAD MEDI PHARMA, through its Proprietor Ramesh Basandani, having office at-D-358, Brainj Tower, Near Gaurav Tower, Malviya Nagar, Jaipur-302004

2. MR. RAMESH BASANDANI, S/o. Shri Dhalu Mal Basandani, R/o. D-358, Brain Tower, Near Gaurav Tower, Malviya Nagar, Jaipur

302004

3. MRS. RAJANI BASANDANI, W/o. Shri Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur

4. M/S. J.D. DISTRIBUTORS, through its Proprietor Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur ……Defendants…..

Recovery Certificate for Rs. 33,22,344.93/-

In terms of final order dated 17-03-2020 passed by this Tribunal in the above mentioned case, it is ordered that the-

b) The applicant bank is entitled to recover the above amount by the

sale of mortgaged properties i.e.-

ii) Second Floor, admeasuring 50.07 Sq. Mtrs., Kalyan Mansion, 5B, Film Colony, Chokri Modikhana, Jaipur. AND 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.

ii. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 19-06-2020.

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, 1993 (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 17-03-2020.

(Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-03-2020

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. 1318 of 2019

HDFC BANK LIMITED

Registered Office at-Senapati Bapet Marg, Lower Parel, West Mumbai 400013

Office at-5^th, Floor, Department for Special Operations, Ansal Clasique Tower, Plot No. 1, J-Block, Community Centre, Opposite Surya Continental, Rajori Garden, New Delhi 110027

…..Applicant Bank……

VERSUS

1. M/S. ASHIRWAD MEDI PHARMA, through its Proprietor Ramesh Basandani, having office at-D-358, Brainj Tower, Near Gaurav Tower, Malviya Nagar, Jaipur-302004

2. MR. RAMESH BASANDANI, S/o. Shri Dhalu Mal Basandani, R/o. D-358, Brain Tower, Near Gaurav Tower, Malviya Nagar, Jaipur

302004

3. MRS. RAJANI BASANDANI, W/o. Shri Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur

4. M/S. J.D. DISTRIBUTORS, through its Proprietor Ramesh Basandani, R/o. 379, Near Jain Temple, Adarsh Nagar, Jaipur ……Defendants….

S. No.	Item of Costs	Amount in Rupees
1.	Fee on the application	34,000
2.	Process Fees (inc. Publication)	284
3.	Advocate Fees	1,250
4.	Commissioner/Receivers/Valuation/ Security Fee	NIL
5.	Miscellaneous Charges	NIL
	Total Costs	35,534

(Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-03-2020

17-03-2020

Counsel:

Shri R.L. Agarwal, 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

17-03-2020

Counsel:

Shri R.L. Agarwal, Counsel for the Applicant Bank Defendants are Ex-parte..

The Tribunal vide order dated 17-03-2020, 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 17-03-2020 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

DEBTS RECOVERY TRIBUNAL, JAIPUR

ORIGINAL APPLICATION NO. 1318 of 2019 The Recovery Certificate prepared in compliance of order dated 17-03-2020 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 1318 of 2019 Title- HDFC Bank Ltd. Vs. M/s. Ashirwad Medi Pharma and ors has been checked and may be verified.

Section Officer

Assistant Registrar

On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon'ble Presiding Officer please.

Assistant Registrar

Hon'ble Presiding Officer

HDFC BANK v. M/S ASHIRWAD MEDI PHARMA.

Structured Summary of Judgment: O.A. No. 1318 of 2019 (Debts Recovery Tribunal, Jaipur)

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

HDFC BANK v. M/S ASHIRWAD MEDI PHARMA.

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