Debts Recovery Tribunals and Appellate Tribunals

RBL Bank Limited vs MANISHA PRABHU on 8 September 2022

Cites 0, Cited by 0

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Presented on:

02.09.2016

Registered on:

28.12.2016

Decided on:

08.09.2022

Duration:

Y M D

6 0 6

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

(Before Shri Dilip G Murumkar, Presiding Officer)

MISCELLANEOUS APPLICATION No.82/2016

RBL Bank Limited

Erstwhile – The Ratnakar Bank Ltd.

A company incorporated and registered

under Indian Companies Act, 1956

[1/1956] and also a banking company

under

Section

5[C]

of

Banking

Regulation Act and is a Scheduled

Commercial Bank having its registered

office at Shahupuri, Kolhapur having

its administrative office at 179/B, `E’

Ward, Shahu Market Yard, Kolhapur –

416 005 and one of its branches amongst

other places at earlier Market Yard and

presently known as Tarabai Park.

… Applicant

Versus

1.

Mrs. Manisha Vikas Prabhu,

Age-44 Years, Occupation-Business,

R/o. Flat No.A-305/306, Anantpuram,

Opposite to Shri Shahu Market Yard,

Bapat Camp, Kolhapur.

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2.

Mr. Vikas Subhod Prabhu,

Age-47 Years, Occupation-Business,

R/o. Flat No.A-305/306, Anantpuram,

Opposite to Shri Shahu Market Yard,

Bapat Camp, Kolhapur.

3.

Mr. Yuvraj Kantilal Raninga,

Age-51 Years, Occupation-Business,

R/o. Flat No.A-303, Anandi Chambers,

2nd Lane, Sahupuri, Kolhapur.

… Defendants

APPEARANCES

For the Applicant

Mr. G.H. Bet i/b Mr. Nikhil

Barsode - Advocate

For Defendants

None

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JUDGMENT

(Delivered on 08th September, 2022)

1. The applicant has claimed relief of issuance of Recovery Certificate in terms of Decree dated 28.07.2011 passed against defendants herein by Hon’ble Civil Judge Senior Division, Kolhapur. The facts mentioned in the application can be summarized as under:

2. The applicant Bank (Erstwhile The Ratnakar Bank Ltd.) had filed Special Civil Suit No.245 of 2005 against the defendants herein for recovery of debt, in the Court of

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Hon’ble Civil Judge Senior Division, Kolhapur. The said Suit was decreed on 28.07.2011 and defendants were directed to pay Rs.7,23,126/- together with future interest @16.50% p.a.

3. The applicant Bank without executing Decree by filing Execution Proceeding in Civil Court, filed this application before this Tribunal claiming issuance of Recovery Certificate.

4. The following points arise for my determination:

Whether this Tribunal has jurisdiction to issue Recovery Certificate by conversion of Decree?

What Order

FINDINGS:

No

As per final Order.

5. I have heard arguments on behalf of the applicant Bank. Perused the record. The record shows that Special Civil Suit No.245 of 2005 was filed in the year 2005 and it has been decreed on 28th July, 2011 by Hon’ble Civil Judge Senior Division, Kolhapur.

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I reproduce provision of Section 31-A (1) of Recovery of Debts and Bankruptcy Act, 1993: “31-A. Power of Tribunal to issue certificate of recovery in case of decree or order:

Where a decree or order was passed by any Court before the commencement of the Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000 and has not yet been executed, then, the decree- holder may apply to the Tribunal to pass an order for recovery of the amount.

6. On consideration of provision quoted above, it is evident that the Tribunal is empowered to issue Recovery Certificate in the event of compliance of two conditions. First, the Decree or Order shall have to be passed by the Court before the commencement of the Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000 and secondly, such a Decree or Order shall remain unexecuted. Only in the event of satisfaction of both the requirements, it is permissible for the Financial Institution to approach the Tribunal and claim a Certificate, as contemplated by Section 31-A (1) of Act of 1993.

7. In the present case, Decree in Special Civil Suit No.245 of

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2005 has been passed in the year 2011. It would mean that the said Decree has not been passed before commencement of Recovery of Debts and Bankruptcy Act, 1993. Therefore, in view of provision of Section 31-A of Recovery of Debts and Bankruptcy Act, 1993, this Tribunal has no jurisdiction to issue Recovery Certificate as claimed. This my view is supported by Judgment dated 10.12.2020 passed by Hon’ble High Court of Judicature at Bombay Bench at Aurangabad in Writ Petition No.13264 of 2017.

8. In view of above observations, I hold that the applicant Bank is not entitled for relief as sought. Therefore, application is liable for dismissal.

9. Hence, I pass the following order:-

ORDER

(A) Miscellaneous Application No.82/2016 is hereby dismissed.

Pronounced in open Court.

Place : Pune Date : 08.09.2022

Sd/- (Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune

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