Citation Codes

Equivalent Citations

citation codes

Case Number

OA/321/2018

Disposition

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

Summary of Judgment — Debts Recovery Tribunal, Jaipur (O.A. No. 321 of 2018)

Factual and Procedural Background

This Original Application (O.A. No. 321 of 2018) was filed by ICICI Bank Limited on 17-03-2018 through its Authorized Officer for recovery of a sum of Rs. 16,51,420.20/-, said to be outstanding under vehicle loan accounts. The bank alleges that the defendants (1) Bheru Lal Gurjar and (2) Dev Karan Gurjar obtained vehicle loan facilities (loan account numbers referenced in the record) and hypothecated vehicles in favour of the bank. The loans were said to have been sanctioned on 16-02-2016 and were repayable in monthly instalments; defaults were alleged and a Loan Recall Notice was issued on 10-02-2018. The applicant bank filed an evidence affidavit and produced documents identified as Exhibit Aw/1 to Aw/8.

The Defendants were declared ex-parte on 10-06-2020. The matter was heard by Shri Vivek Saxena, Presiding Officer, with arguments for the applicant bank heard by its counsel (Shri Hitesh Kumar) by video conference. The Tribunal delivered its order on 17-06-2020 and issued a Recovery Certificate the same day.

Vehicles identified in the record (as hypothecated assets) include items shown in the application/Recovery Certificate records, for example: LAN NO. LVNSR00034165070 LPS 49023 (Regn. RJ-09-GD-0058) and LAN NO. LVNSR00034165080 LPS 49023 (described as BODY in the record).

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 analysis, as recorded in the judgment, proceeded in the following manner:

The Defendants were absent and proceeded against ex-parte. The Tribunal expressly notes the defendants remained ex-parte when the matter was considered.
The applicant bank filed an evidence affidavit and produced documentary material, marked as Exhibits Aw/1 to Aw/8. The Tribunal described these filings as containing recitals and documentary proof in support of the bank's claim.
The Tribunal evaluated the evidence on record and concluded that the applicant bank's evidence affidavit together with the recitals in Exhibits Aw/1 to Aw/8 "clinches" the bank's claim against the defendants. This factual finding underpinned the Tribunal's decision to grant relief to the bank.
Based on that conclusion, the Tribunal found the defendants liable for the outstanding amount and directed remedies to be implemented: (a) grant of the monetary judgment with future interest; (b) entitlement to realize the decretal amount by sale of the hypothecated vehicles and by proceeding against other movable and immovable personal properties of the defendants; and (c) award of costs and expenses to the bank.
The Tribunal took administrative/procedural steps as part of its decision: it ordered issuance of a Recovery Certificate forthwith and directed that the Recovery Certificate be sent to the Recovery Officer, DRT, Jaipur. The Recovery Certificate record further instructs the Recovery Officer to realize the decreetal amount in the manner prescribed under Sections 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (these statutory provisions are identified in the Recovery Certificate text).
The Registry/Registrar verification step required by local Tribunal regulations was also recorded: the Tribunal directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015; the registrar performed that verification on 17-06-2020 and the Recovery Certificate was prepared accordingly.

The Tribunal's reasoning as recorded is concise: because the defendants were ex‑parte and the applicant's evidence and documentary exhibits supported the claimed indebtedness, the Tribunal accepted the claim and decreed recovery. The judgment does not elaborate additional legal doctrine or cite case law.

Holding and Implications

Holding: O.A. No. 321 of 2018 is allowed. More specifically, the Tribunal held:

The Defendants are liable to pay the applicant bank Rs. 16,51,420.20/- (Sixteen Lacs Fifty One Thousand Four Hundred Twenty and Paisa Twenty Only) with future interest at 10% per annum (simple) from the date of filing the original application until realization.
The applicant bank is entitled to recover the decretal amount by sale of the hypothecated vehicles listed in the record (including LAN NO. LVNSR00034165070 LPS 49023 — Regn. RJ-09-GD-0058 — and LAN NO. LVNSR00034165080 LPS 49023 as described) and by proceeding against other personal movable and immovable properties of the defendants, jointly and severally.
The applicant bank is entitled to costs and expenses of the O.A.; the record shows a memorandum of costs with a total of Rs. 20,470 (comprising fees on the application, process/publication fees, advocate fees, etc.).
A Recovery Certificate was ordered to be issued forthwith and sent to the Recovery Officer, DRT, Jaipur; parties were directed to appear before the Recovery Officer on 17-09-2020; the Recovery Officer is to realize the amount in the manner provided under the statutory provisions cited in the Recovery Certificate (Sections 25 and 28 of the RDDBFI Act, 1993 as mentioned in the text).

Implications: The direct effects on the parties are (a) a money decree against the defendants for Rs. 16,51,420.20 with simple interest at 10% p.a. from filing till realization, (b) permission to the bank to enforce the decree through sale of the hypothecated vehicles and by pursuing other assets of the defendants, and (c) award of stated costs to the bank together with issuance and verification of a Recovery Certificate for execution by the Recovery Officer.

The opinion does not discuss or establish any broader legal precedent beyond the facts and orders in this case.

Administrative and Miscellaneous Details (as recorded)

Court/Tribunal: Debts Recovery Tribunal, Jaipur
Presiding Officer: Shri Vivek Saxena
Applicant: ICICI Bank Limited (authorized officer filed the O.A.; Exhibits Aw/1 to Aw/8)
Defendants: 1. Bheru Lal Gurjar; 2. Dev Karan Gurjar — declared ex‑parte
Date of filing O.A.: 17-03-2018
Date of judgment and Recovery Certificate: 17-06-2020
Direction to appear before Recovery Officer: 17-09-2020
Recovery Certificate verification: performed by Registrar on 17-06-2020 as per Regulation 24(1) & (2) of DRT Jaipur Regulations 2015

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ICICI BANK LIMITED v. BHAIRU LAL GURJAR

"ORIGINAL APPLICATION" No. 321 of 2018

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

PRESENT- SHRI VIVEK SAXENA

PRESIDING OFFICER

O.A. NO. 321 OF 2018

DATE OF DELIVERY OF ORDER 17-06-2020

ICICI BANK LIMITED

Regd. Office at-Near Chakli Circle, Old Padra Road, Vadodara 390007

Branch Office at-JSEL Building, 3^rdFloor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur.

…..Applicant Bank……

VERSUS

1. BHERU LAL GURJAR, S/o. Shri Kana Ram Gurjar, R/o. Village- P.O. Jhadwasa Via-Nasirabad, District-Ajmer 305021 (Raj.)

2. DEV KARAN GURJAR, S/o. Shri Baldev Gurjar, R/o. 162, Gurjaro Ka Bass, Jharwasa Bandanwara, Ajmer 305621 (Raj.) ……Defendants….

Counsel for the Applicant Bank - Shri Hitesh Kumar Defendants- Ex-parte

JUDGMENT

1. The Applicant Bank originally filed this O.A. on 17-03-2018, against the Defendant for the recovery of a sum of Rs.16,51,420.20/- (Sixteen Lacs Fifty One Thousand Four Hundred Twenty and paisa Twenty Only) on Credit Facility for purchase of Vehicles @ 10.49% p.a. rests from the Defendant with date of filing this original application till the date of realization and in default by sale of hypothecated Vehicles i.e.-

S.No.	Description of Vehicles	Registration No.
1.	LAN NO. LVNSR00034165070 LPS 49023	RJ-09-GD-0058
2.	LAN NO. LVNSR00034165080 LPS 49023	BODY

AND as well as other Personal movable and immovable properties/assets of Defendant, 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.

The brief facts of the case are-

i. that the present original application was filed by the Authorized Officer of the applicant bank and who was authorized to sigh & verify the original application and the same on behalf of the bank by virtue of the authority through Power of Attorney Exhibit Aw/1.

ii. that the Defendants in the capacity of borrower had approached the applicant bank for seeking credit facility in the form of Vehicles Loan.

iii. that looking upon the good banking history of the Defendants, the applicant bank has sanctioned a total loan amount of Rs. 25,50,000/- on 16-02-2016 for purchasing Vehicles. The loan account was executed wherein the Vehicles were hypothecated in the favour of the applicant bank.

iv. that while seeking the aforesaid loan facility, Defendants agreed to avail the said credit facility on the terms and conditions stated in the loan agreement and also agreed to repay interest along with other charges as stated in the loan documents.

v. that the aforesaid loan amount was to be paid in 59 monthly installments in account no. 34165070 of Rs. 62817/- each and account no. 34165080 of Rs. 5346/- each with rate of interest @ 10.49%p.a. respectively.

vi. that looking to the regular defaults committed by the Defendants, the applicant bank has issued a Loan Recall Notice on 10-02-2018, with regard to loan account to the Defendant calling them to pay the outstanding amount, however the Defendant have failed to deposit the outstanding dues and have further failed to return the

hypothecated Vehicles in compliance of the loan recall notice..

vii. that the Defendants failed to maintain proper financial discipline and committed defaults on regular basis and as per the Statement of Account dated 28-02-2018 a sum of Rs. 16,51,420.20/- is outstanding against the Defendants in all the loan account.

viii. that the applicant bank is entitled to recover the aforesaid amount from the Defendants and also entitled to realize outstanding amount by the sale of hypothecated Vehicles & personal properties of the Defendant.

2. The Defendants is called absent and set ex-parte on 10-06-2020.

3. The applicant bank filed its evidence affidavit along with list of documents, annexing there with Exhibit Aw/1 to Aw/8.

4. Heard arguments through Video Conference of 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 Defendant remained ex-parte. The applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/8 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 321 of 2018 is allowed declaring that:-

a) The Defendants are liable to pay to the applicant bank a sum of Rs.16,51,420.20/- (Sixteen Lacs Fifty One Thousand Four Hundred Twenty and paisa Twenty 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 hypothecated Vehicles i.e.

S.No.	Description of Vehicles	Registration No.
1.	LAN NO. LVNSR00034165070 LPS 49023	RJ-09-GD-0058
2.	LAN NO. LVNSR00034165080 LPS 49023	BODY

AND as well as other Personal movable and immovable properties/assets of Defendant, 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 17-09-2020.

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. 17-06-2020.

(Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-06-2020

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

PRESENT- SHRI VIVEK SAXENA

PRESIDING OFFICER

O.A. NO. 321 OF 2018

DATE OF DELIVERY OF ORDER 17-06-2020

RECOVERY CERTIFICATE

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

ICICI BANK LIMITED

Regd. Office at-Near Chakli Circle, Old Padra Road, Vadodara 390007

Branch Office at-JSEL Building, 3^rdFloor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur.

…..Applicant Bank……

VERSUS

1. BHERU LAL GURJAR, S/o. Shri Kana Ram Gurjar, R/o. Village- P.O. Jhadwasa Via-Nasirabad, District-Ajmer 305021 (Raj.)

2. DEV KARAN GURJAR, S/o. Shri Baldev Gurjar, R/o. 162, Gurjaro Ka Bass, Jharwasa Bandanwara, Ajmer 305621 (Raj.) ……Defendants….

Recovery Certificate for Rs. 16,51,420.20/-

In terms of final order dated 17-06-2020 passed by this Tribunal in the above mentioned case, it is ordered that the-

a) The Defendant is liable to pay to the applicant bank a sum of Rs.16,51,420.20/- (Sixteen Lacs Fifty One Thousand Four Hundred Twenty and paisa Twenty 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 hypothecated Vehicles i.e.-

S.No.	Description of Vehicles	Registration No.
1.	LAN NO. LVNSR00034165070 LPS 49023	RJ-09-GD-0058

2. LAN NO. LVNSR00034165080 BODY

LPS 49023

AND as well as other Personal movable and immovable properties/assets of Defendant, 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 17-09-2020.

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 17-06-2020.

(Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-06-2020

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. 321 of 2018

ICICI BANK LIMITED

Regd. Office at-Near Chakli Circle, Old Padra Road, Vadodara 390007

Branch Office at-JSEL Building, 3^rdFloor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur.

…..Applicant Bank……

VERSUS

1. BHERU LAL GURJAR, S/o. Shri Kana Ram Gurjar, R/o. Village- P.O. Jhadwasa Via-Nasirabad, District-Ajmer 305021 (Raj.)

2. DEV KARAN GURJAR, S/o. Shri Baldev Gurjar, R/o. 162, Gurjaro Ka Bass, Jharwasa Bandanwara, Ajmer 305621 (Raj.) ……Defendants…..

S. No. Item of Costs Amount in Rupees

1. Fee on the application 19,000

2. Process Fees (inc. Publication) 220

3. Advocate Fees 1,250

4. Commissioner/Receivers/Valuation/ NIL Security Fee

5. Miscellaneous Charges NIL

Total Costs 20,470 (Vivek Saxena)

Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

Dated-17-06-2020

17-06-2020

Counsel:

Sh. HITESH KUMAR, PROXY, 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

17-06-2020

Counsel:

Sh. HITESH KUMAR, PROXY, Counsel for the Applicant Bank Defendants are Ex-parte.

The Tribunal vide order dated 17-06-2020, 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 17-06-2020 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. 321 of 2018 The Recovery Certificate prepared in compliance of order dated 17-06-2020 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 321 of 2018 Title- ICICI Bank Ltd. Vs. Bheru Lal Gurjar 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

ICICI BANK LIMITED v. BHAIRU LAL GURJAR

Summary of Judgment — Debts Recovery Tribunal, Jaipur (O.A. No. 321 of 2018)

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Administrative and Miscellaneous Details (as recorded)

ICICI BANK LIMITED v. BHAIRU LAL GURJAR

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