Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs Avinash Hari on 13 February 2020

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,'ORIG XNAF-"

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

DATED THls rHE 13,h DAy oF FEBRUARy, 2o2o PRESENT: Ms. S. PRAVEENA, M.A., M.1., PRESID|NG OFFICER, OA. No. 265 OF 2016

Between:

State Bank of lndia, A Body Corporate,

established and functioning under the

State Bank of lndia Act, 1955, having

their Registered Office at New

Administrative Building, Madam Cama

Road, Nariman Point, Mumbai - 400 021

and one of the Branch Office at Pen,

Taluka - Pen, District - Raigad, through Branch Manager Shri Pavan Kumar Ponnada.

Applicant

1.

2.

Versus

Mr. Avinash Hari Pati!, Adult, !ndian

lnhabitant residing at Dolvi, Taluka-

Pen, Dist. - Raigad - 402107.

Mr. Avindranath Gajanan Patil,

Adult, lndian lnhabitant residing at

H. No.6/1112, Near Carmel Schoo!,

At-Pen, Taluka-Pen, District-

Raigad-40z 107.

Counsel for the Applicant

:

Defendants

:

D€fendants

Mr. R.J. Singh

Ex-parte

1,.

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-:ORDER:-

The Applicant Bank filed the present OA for recovery of a sum of Rs.14,91,786.30 with future interest @14.75o/o p.a. from the date of Application, till the date of realisation from the Defendants and also for sale of OA mentioned property. ?L4

3.

4.

5.

6. oA.No.26s/2076 The Defendants served with summons. They were cailed absent, no representation and set ex-parte on 01 .10.2019. The Applicant Bank examined Mr. p. Sundaresan documents through him as Exs.A-1 to A-13. lyer, and marked 13 Heard the Ld. Counsel for the Applicant Bank and perused the material placed on record. The point that arises for consideration is:- Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA mentioned property as prayed for? As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in documents viz., Exs.A.1 to A.13, marked on behalf of the Applicant Bank, clinches the claim of the Applicant Bank against the Defendants and OA mentioned property. Hence, I hold that the Defendants are jointly and severally liabte to pay the Applicant Bank in the claim made in the OA with future interest and costs. ln the result, the present oA.No.26st2o16 is allowed with costs, as under:- The Defendants are joinfly and severaily riable to pay to the Applicant Bank a sum of Rs.14,91,786.30 (Rupees fourteen lakh ninety-one thousand seven hundred eighty-six and paise thirty only) together with future interest @14.7so/o p.a. simple from the date of Application till the date of realisation; The claim of the Applicant is secured by way of hypothecation of oA mentioned properg and the Applicant Bank is entifled to proceed against the same towards recovery of its debt; The Applicant Bank is also entitled to proceed against the person and properties of the Defendants, towards realization of its dues; The Applicant Bank is entitled to the costs. ?v"'

7. ii) iii) iv)

OA.No.265/2016

8. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

9. lssue Recovery Certificate accordingly.

10. Communicate a copy of this order to the parties concerned.

11. (Dictated to Steno Grade-L, transcribed by him, corrected, signed and pronounced by me in the open court on this the I3th day of February, 2020.)

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