JUDGMENT
1. The Applicant Bank originally filed this O.A. on 23.01.2019, against the Defendants for the recovery of a sum of Rs.22,10,962.56/- (Twenty Two Lacs Ten Thousand Nine Hundred Sixty Two and Paisa Fifty Six Only) on Housing Loan @ 12.10% 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 mortgage property i.e. „Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur."AND as well as other 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.
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The applicant bank is entitled to the costs and expenses of the original application.
The brief facts of the case are-
That the present original application was filed by the AGM 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 A-/1.
That the defendant no. 1 & Late Smt. Santosh Devi Verma are borrower and availed housing loan of Rs. 25.00 lacs for purchase of house. The defendant no. 2 executed his personal guarantee. Smt. Santosh Devi has died and the defendant no. 1 and 2, her sons are only legal heirs, therefore, the defendant no. 1 and 2 are jointly and severally liable for repayment of the dues and also as legal heir of Late Smt. Santosh Devi. That the applicant bank sanction of housing loan of Rs.
25.00 lacs to the defendants. The defendants has executed required loaning documents in favour of applicant bank. That in order to further secure the repayment of the loan amount, the defendant no. 1 & Late Smt. Santosh Devi handed over the title documents of property i.e. „Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur, admeasuring 198.33 sq. yds. (The detailed description of property is given in para no. 5.5 of OA) in favour of applicant bank.
That after availing the aforesaid facility, the defendants failed to comply with the financial discipline of the said facility and breached the terms and conditions of agreements, therefore, the account of defendants classified as NPA on 31.01.2017. That the recall notice dated 28.02.2017 given by the applicant bank to the defendants, it has came to know that Smt. Santosh Devi has died and the defendant no. 1 and 2 as per sons are only legal heirs.
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That the applicant bank prayed to issue a recovery certificate for the aforesaid amount against the Defendants and also entitled to realize outstanding amount by the sale of above mentioned mortgaged property, AND as well as other 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. On 30.09.2019, in this matter, it is ordered that 'in the present OA last opportunity was granted to the respondent for filling reply to the OA and same was filed after passing of the date fixed. Anyhow the same is taken on record'. After that on 27.02.2020, 10.03.2021,23.07.2021, 30.11.2021,24.03.2022, 10.05.2022 & 25.07.2022 none was appeared on behalf of defendants through their Counsel or in person for arguments, therefore, the Defendants are called absent and proceeded ex-parte.
Heard argument on 25.07.2022 of applicant bank.
2. The Defendants are called absent and set ex-parte on 25.07.2022.
3. The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/12.
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/12 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. 456 of 2019 is allowed declaring that:-
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a) The Defendants are liable to pay to the applicant bank a sum of Rs.22,10,962.56/- (Twenty Two Lacs Ten Thousand Nine Hundred Sixty Two and Paisa Fifty Six Only) with future interest @ 10% p.a. (Simple) 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 mortgage property i.e. „Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur."AND as well as other 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 18.11.2022.
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. 04/08/2022.
(Vivek Saxena)
Presiding Officer, Debts Recovery Tribunal, Jaipur
Place-Jaipur
Dated-04/08/2022
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR
PRESENT- SHRI VIVEK SAXENA
PRESIDING OFFICER
O.A. NO. 456 OF 2019
DATE OF DELIVERY OF ORDER 04/08/2022
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
CANARA BANK
Corporate Office at-112, JC Road, Bengaluru (Karnataka)
Branch Office at-G139, Malviya Nagar Industrial Area, Apex Hospital,
Jaipur (Raj.).
…..Applicant Bank……
VERSUS
1. NARESH VERMA, S/o. Late Shri Bishwanath Verma & Late Mrs. Santosh Devi Verma, R/o. Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur 302012 (Raj.)
2. PANKAJ VERMA, S/o. Late Shri Bishwanath Verma & Late Mrs. Santosh Devi Verma, R/o. Plot No. 13, Salkia School Road, Sukh Sagar Building, 2ndFloor, Howarha (WB) 711106 ……Defendants….
Recovery Certificate for Rs. 22,10,962.56/-
In terms of final order dated 04/08/2022 passed by this Tribunal in the above mentioned case, it is ordered that the-
a) The Defendants are liable to pay to the applicant bank a sum of Rs.22,10,962.56/- (Twenty Two Lacs Ten Thousand Nine Hundred Sixty Two and Paisa Fifty Six 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 mortgage property i.e. „Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur."AND as well as other Personal movable and immovable
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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 18.11.2022.
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 04/08/2022.
(Vivek Saxena)
Presiding Officer, Debts Recovery Tribunal, Jaipur
Place-Jaipur
Dated-04/08/2022
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FORM NO. 10
[See Regulation-24(1)]
DEBTS RECOVERY TRIBUNAL
First Floor, Sudharma-II, Opp.Kisan Bhawan, Lal Kothi Shopping Centre, Tonk Road, JAIPUR- 302015
SCHEDULED TO RECOVERY CERTIFICATE
MEMO OF COST
O.A No. 456 of 2019
CANARA BANK
Corporate Office at-112, JC Road, Bengaluru (Karnataka)
Branch Office at-G139, Malviya Nagar Industrial Area, Apex Hospital,
Jaipur (Raj.).
…..Applicant Bank……
VERSUS
1. NARESH VERMA, S/o. Late Shri Bishwanath Verma & Late Mrs. Santosh Devi Verma, R/o. Plot No. 119 C, Balvihar Colony, Kalwar Road, Jhotwara, Jaipur 302012 (Raj.)
2. PANKAJ VERMA, S/o. Late Shri Bishwanath Verma & Late Mrs. Santosh Devi Verma, R/o. Plot No. 13, Salkia School Road, Sukh Sagar Building, 2ndFloor, Howarha (WB) 711106 ……Defendants….
| S. No. |
Item of Costs |
Amount in Rupees |
| 1. |
Fee on the application |
25,000 |
| 2. |
Process Fees (inc. Publication) |
206 |
| 3. |
Advocate Fees |
1,250 |
| 4. |
Commissioner/Receivers/Valuation/ Security Fee |
NIL |
| 5. |
Miscellaneous Charges |
NIL |
|
Total Costs |
26,456 |
(Vivek Saxena)
Presiding Officer, Debts Recovery Tribunal, Jaipur
Place-Jaipur
Dated-04/08/2022
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04/08/2022
Counsel:
Sh. RAJKUMAR, 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
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04/08/2022
Counsel:
Sh. RAJKUMAR, Counsel for the Applicant Bank. Defendants are Ex-parte.
The Tribunal vide order dated 04/08/2022, 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 04/08/2022 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
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DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 456 of 2019 The Recovery Certificate prepared in compliance of order dated 04/08/2022 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 456 of 2019 Title- Canara Bank Vs. NARESH VERMA 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
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