Debts Recovery Tribunals and Appellate Tribunals

FEDERAL BANK vs Suman on 11 August 2023

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Presented on :

10.01.2008

Registered on :

25.01.2008

Decided on :

11.08.2023

Duration :

Y M D

15 07 01

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

TRANSFERRED MISCELLANEOUS APPLICATION NO.75 OF 2017

The Federal Bank Ltd., Banking

Company incorporated under the

Companies Act, 1956 having its

registered office at Aluva, Kerala

and having one of its branches at A-

B,

Laram

Centre,

S.V.

Road,

Andheri (W), Mumbai-400 058, and

an Asset Recovery Branch at 134,

Jolly Maker Chamber No.2, Nariman

Point, Mumbai-400 021, through

their power of Attorney Holder &

Chief Manager.

… Applicant

Versus

Ms

Suman,

of

Mumbai,

Indian

Inhabitant, residing at 101-A, Pearl

Apt.,

Lokhandwala

Complex,

Andheri (W), Mumbai 400 053, and

at present residing at 1A/A53, DLF

Qutab

Enclave

Complex,

Village

Chakkarpur, The. & Dist: Gugaon,

(Haryana).

…Respondent

APPEARANCES

For the Applicant

: Mr O.A. Das - Advocate

For Respondent

: None

Shri Deepak M Thakkar

Presiding Officer

HEARING

: 11th August 2023

PRONOUNCEMENT

: 11th August 2023

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ORDER

On 15th December 1997, the applicant instituted Suit No.4 of 1998 before the Hon’ble Bombay High Court to recover Rs.7,04,706/- with interest at the rate of 22.25% per annum with quarterly rests. On 5th July 2007, the Hon’ble Bombay High Court pronounced the judgment stating that the applicant is entitled to a decree in terms of prayer clause (a) to

(c) with further interest of Rs.10,65,168/- plus cost of Rs.21,846/- on the decretal amount of Rs.7,04,706/-, the applicant now claims Rs.17,91,720/-. The applicant requests to issue the Recovery Certificate in view of the ruling of the Hon’ble Bombay High Court as the claim now exceeds the sum of Rs.10 lakhs.

The Miscellaneous Application was initially presented before DRT-3, Mumbai on 10th January 2008 which was transferred to this DRT. Order- sheet dated 9th April 2008 reveals defendant made representation through the advocate and sought adjournment to file reply affidavit. Mr Das has relied upon the ruling in Baroda Rajasthan Gramin Bank vs Annapoorna Gas Agency and Others pronounced on 4th March 2011 in Appeal No.441 of 2010.

The applicant has made out the case for issuance of the Recovery Certificate in the sum of Rs.17,69,874/- with interest at the rate of 16% per annum from 5th July till payment/realisation.

Hence, the following order:

ORDER

(A) Issue Recovery Certificate. (B) The learned Registrar is directed to send a copy of the judgment and recovery certificate to the applicant and defendant by post and email.

Sd/- (Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai Nidhi

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