Debts Recovery Tribunals and Appellate Tribunals

Phoenix ARC Private Limited vs ROHIT UDANI on 25 October 2023

Cites 0, Cited by 0

Registered on : 22.11.2021

Decided on : 25.10.2023

IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI

TRANSFER APPLICATION NO. 293 of 2016

PHOENIX A R C PRIVATE LIMITED, having

)

its registered office at 7th floor, Dani Corporate )

Park, 158, C.S.T. Road, Kalina, Santacruz (E), )

Mumbai 400 098 acting in its capacity as the )

Trustee of Phoenix Trust- FY 12-6 Scheme “B”

)

Through its Authorised officer.

) ...APPLICANT

VERSUS

MR. ROHIT MAGANLAL UDANI residing at

)

321/D/8, Ambedkar Road, Diva Niketan, 1st Floor)

Opp. Kapol Niwas, Matunga Mumbai 400019

) ...DEFENDANT

________________________________________________________________

Counsel for the Applicant : Advocate Vinay Deshpande i/b

V. Deshpande & Co.

Counsel for the Defendant : None

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

J U D G M E N T

1. The present OA has been filed by the Applicant before the Ld. DRT-III, Mumbai, which stands transferred to this Tribunal on 24.10.2016 as per the Govt. Notification dated 26.09.2016 and registered as TA No.293/2016. The OA has been filed for recovery Rs.13,74,878.90/- (Rupees Thirteen Lakhs Seventy Four Thousand Eight Hundred Seventy Eight and Ninety Paisa only) and further interest @16 p.a. from the date of filing of the Original Application till payment and/or realisation.

2. Facts as succinctly set out in the OA are that the Applicant is an assignee of Royal Bank of Scotland (formerly known as ABN AMRO Bank). The Applicant has taken over the debt of the Defendant from the said bank under the valid and subsisting Deed of Assignment dated 30.04.2012.

3. It is stated that the Defendant in or about September 2007, approached the Assignor Bank for grant of Term Loan. The said request was considered by the Assignor Bank and sanctioned loan of Rs.8,09,000/-. The Defendant acknowledged the sanction and disbursement of the said loan and executed Demand Promissory Note.

4. It is further stated that in view of the assignment of the debt as stated hereinabove, the said Assignor Bank has endorsed the post- dated cheques in favour of the Applicant for an aggregate amount of Rs.91,764/-. The Applicant presented the one cheque of Rs.22,941/- dated 18.08.2013 for encashment however, the same was returned with remark “Account Closed”.

5. It is further stated that the Defendant failed and neglected to make the payment and avoided to settle their aforesaid account. Thus, the Applicant issued notice dated 16.11.2015 and called upon the Defendant to pay the outstanding dues but the Defendant failed to pay the dues. Hence, the present OA has been filed.

6. Notice was issued to the Defendant. Despite service, none appeared for the Defendant nor filed the WS, thus, he was proceeded ex-parte vide order dated 16.06.2017.

7. The Applicant Bank has produced all the Original Loan documents and other relevant documents along with their Claim Affidavit filed through the Authorized Signatory Mr. Ramesh Nachare.

8. I have heard the Ld. Counsel for the Applicant Bank and perused the record.

9. The witness of the Applicant Bank has fully corroborated the averments made in the TA, even otherwise the whole case of the Applicant is based on documents and the witness has duly proved all these documents as against the Defendant. In my view there is no question of disbelieving the evidence led by the Applicant Bank and the Applicant Bank has proved its case beyond reasonable doubt.

10. In the light of above discussions, the Transfer Original Application deserves to be allowed against the Defendant.

O R D E R

(i) I allow the present OA and direct the Defendant to pay to the Applicant Bank, jointly and severally, within a period of 60 days, a sum of Rs.13,74,878.90/- (Rupees Thirteen Lakhs Seventy Four Thousand Eight Hundred Seventy Eight and

Ninety Paisa only) and further interest @16 p.a. from the date of filing of the present OA till its realization.

(ii) Failing which the aforesaid amount shall be recovered from the sale of the personal moveable and immoveable assets of the Defendant.

(iii) Defendant is hereby directed not to deal with his properties till further direction of Ld. Recovery Officer.

(iv) Defendant shall also pay the cost and expenses of the TA.

(v) Recovery Certificate be issued forthwith and be sent to the Recovery Officer of this Tribunal. Copy of this order be sent to the parties as per rules. File be consigned to record.

Place: Mumbai.

(Dr. Rekha G. Dhakar) Date : 25.10.2023

Presiding Officer, DRT-1, Mumbai

SP/-

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead