Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs Vaibhav Janardhan Karlekar on 13 February 2020
.,GEI.[G ENALN
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
DATED THts rHE 13,h DAy oF FEBRUARY, 2o2o PRESENT: Ms. s. PRAVEENA, M.A., M.1., PRESID|NG oFFtcER, OA. No. 352 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. Vaibhav Janardhan Karlekar,
Adult, lndian lnhabitant residing at
Dolvi, Taluka-Pen, District-Raigad-
402 107.
Mr. Dilip Dharmaji Pati!, Adult,
lndian lnhabitant residing at
Navegaon, Post- Wadkhal, Taluka-
Pen, District-Raigad-402 107 .
Mr. Harishchandra Dagdu Bhoir,
Adult, !ndian lnhabitant residing at
Dondpada, Post-Umberde, Taluka-
Pen, District-Raigad-402 107 ..
Counsel for the Applicant
Defendants
3.
Defendants
Mr. R.J. Singh
Ex-parte
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-:ORDER:-
1. The Applicant Bank filed the present OA for recovery of a sum of
2.
3.
4. z OA.No.j52/201G Rs.14,68,905.05 with future interest @14.25o/o p.a. from the date of Application, till the date of realisation from the Defendants and also for sale of OA mentioned property. 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 lyer, and marked 13 documents through him as Exs.A-1 to A-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 liable to pay the Applicant Bank in the claim made in the OA with future interest and costs. ln the result, the present oA.No.35212016 is allowed with costs, as under:- The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs.14,68,905.05 (Rupees fourteen lakh sixty-eight thousand nine hundred five and paise five only) together with future interest @14.25o/o p.a. simple from the date of Application tillthe date of realisation; The claim of the Applicant is secured by way of hypothecation of OA mentioned property and the Applicant Bank is entitled to proceed against the same towards recovery of its debt;
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7. ii)
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11. iv) iii) The Applicant Bank is oA.No.352/201G entitled to proceed against the person and properties of the towards realization of its dues; The Applicant Bank is to the costs. The Applicant Bank is directed to file receipt of this Order. Memo within 2 weeks from the date of lssue Recovery Certificate accordingly. Communicate a copy of this order to parties concerned. (Dictated to Steno Grade-1, transcribed him, corrected, signed and pronounced by me in the open court on this the 13th day February,2020.)