Debts Recovery Tribunals and Appellate Tribunals
FEDERAL BANK vs Suman on 11 August 2023
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