Canara Bank vs M/s Janki Fab on 25 April 2025

**ORDER**

1. 1. The Applicant Bank has preferred the present Miscellaneous Application seeking correction in the name of Village Chalthan in place of Village Jolva in the description of the mortgaged property given in Schedule II of Recovery Certificate issued by this Tribunal in O.A.No.45 of 2014.

2. 2. It is averred by the Applicant that the Applicant had filed Original Application No.45 of 2014 before this Tribunal, which was decided on 09/04/2015 and Recovery Certificate being R.P.No.129 of 2015 for recovery of Rs.33,39,695/- with interest @12% was issued against the Defendants. Pursuant to the commencement of RP proceedings being RP No.129 of 2015 before Ld. Recovery Officer, the property more particularly described in the Schedule came to be sold on 30/08/2024 for Rs.5,35,000/-. While attempting for execution of sale deed in favour of purchasers of the property in question on 25/10/2024, it came to the knowledge of the Applicant Bank that there is some discrepancy in the description of the property i.e. name of Village is mentioned as Village Jolva instead of Village Chalthan. Hence, the sale deed could not be executed by the Applicant Bank in favour of the purchasers. The Applicant Bank realized its mistake and therefore it approached Ld. Recovery Officer on 30/01/2025 by filing Rectification Application.

2MA No.23 of 2025

Thereupon, Ld. Recovery Officer passed order on 10/02/2025 directing the Applicant Bank to move an appropriate application before this Tribunal for amendments sought in the description of the property. Accordingly, the Applicant Bank has come before this Tribunal with the present application for rectification.

1. 3. On perusal of copy of the Mortgage Deed filed by the Applicant Bank at page 16-28 with the present M.A., it appears from page no.22, SCHEDULE 'B', the description of property being flat no.B-304, third floor, admeasuring 57.69 sq. mtrs., survey no.188, village Chalthan is shown. As such, the Applicant has succeeded in proving that the correct name of village is Chalthan and not Jolva.

2. 4. It may be noted that in Schedule II of RP No.129 of 2015, due to clerical mistake, name of village Jolva is shown in the description of the property, instead of village Chalthan. As it is a clerical mistake, in the interest of justice, it is required to be corrected for effective implementation/ execution of Recovery Certificate issued in the aforesaid O.A. Hence, the following order is passed:

ORDER

- • The present application is allowed with no order as to cost.

- • In the description of the mortgaged property in judgment dated 09/04/2015 passed by this Tribunal in O.A.No.45 of 2014, Recovery Certificate issued pursuant to the same and RP No.129 of 2015, wherever name of Village Jolva occurs, it shall be read as "Village Chalthan" and the same be modified accordingly at all places.

- • Registry is directed to prepare amended Recovery Certificate and send the same to Ld. Recovery Officer for further proceedings.

**(Pankaj Kumar Upadhyay)** **Presiding Officer** **DRT-II, Ahmedabad**

\*ykb\*