FEDERAL BANK vs NIRMAL JOB on 1 October 2018

**FINAL ORDER**

1. The applicant bank has filed the above application on 03.02.2016 under S.31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - hereinafter referred to as 'the Act' - as decree holder in OS.No.180/2010 of the Sub Court, Kattappana for issuing Recovery Certificate in terms of the decree dated 23.03.2013 for recovery of the amount due there under.

2. The defendants were duly served with summons and filed proof of service on 28.04.2016. The defendants did not appear, nor filed the vakalath and hence, defendants were set exparte on 10.11.2016.

3. The applicant bank had filed OS No.180/2010 before Sub Court, Kattappana for recovery of amount due and obtained decree dated 23.03.2013, allowing it to recover the sum of Rs.8,04,752/- with interest @ 6% per annum from the date of suit till realization from the defendants and by sale of the plaint schedule property.

4. According to the applicant bank, the defendants did not pay the amount due under the decree, and hence they are entitled for a recovery of a sum of Rs.11,43,298/- (Rupees Eleven Lakhs Forty Three Thousand Two Hundred and Ninety Eight only] as on 03.02.2016. The prayer is to issue Recovery Certificate for recovery of the outstanding amount due as per decree together with future interest from the defendants and by sale of the decree schedule property.

5. During the pendency of the OA, the applicant has filed IA.No.1145/2018 seeking for an attachment of the salary of the 1^st defendant and the Tribunal vide order dated 01.10.2018 allowed the attachment sought in the IA.

6. Thus, in view of the above, the applicant bank is entitled to get a final order directing to issue Recovery Certificate on the following lines:- "In the result, it is ordered to issue Recovery Certificate in terms of the decree dated 23.03.2013 in OS No.180/2010 of the

Sub Court, Kattappana for recovery and payment to the applicant bank, (a) The sum of Rs.11,43,298/- (Rupees Eleven Lakh Forty Three Thousand Two Hundred and Ninety Eight only) together with future interest on the sum of Rs.8,04,752/- (Rupees Eight Lakhs Four Thousand Seven Hundred and Fifty Two only) @ 6% per annum from 04.02.2016 till realization and also the costs of the applicant bank in this proceedings from the defendants and by sale of decree schedule property; (b). The decree schedule property shall be appended to this order.

7. Communicate copy of this order to both parties as provided in R.16 r/w R.2(c) of the Debts Recovery Tribunal (Procedure) Rules, 1993.

*[Dictated to the steno, transcribed by her, corrected by me and then pronounced in the open court on this the 1^st day of October, 2018]*

SCHEDULE OF PROPERTY

<table> <tbody> <tr> <td>District</td> <td>:</td> <td>Idukki</td> </tr> <tr> <td>Taluk</td> <td>:</td> <td>Peermadu</td> </tr> <tr> <td>Village</td> <td>:</td> <td>Peermadu</td> </tr> <tr> <td>Kara</td> <td>:</td> <td>Thengakal</td> </tr> <tr> <td>Sy. No.</td> <td>:</td> <td>184/1</td> </tr> <tr> <td>Extent</td> <td>:</td> <td>01Hector</td> </tr> <tr> <td colspan="2"></td> <td>52Are.(03Acre 75 cent)</td> </tr> </tbody> </table>

BOUNDARIES

<table> <tbody> <tr> <td>East</td> <td>:</td> <td>Property of Jacob M.A</td> </tr> <tr> <td>South</td> <td>:</td> <td>Property of Aniamma</td> </tr> <tr> <td>West</td> <td>:</td> <td>Property of Jeeva</td> </tr> <tr> <td>North</td> <td>:</td> <td>Panchayath Pathway</td> </tr> </tbody> </table>

DESCRIPTION OF PROPERTY

An extent of 3 acre 75 cents of land within the above boundaries.

[

**IN THE DEBTS RECOVERY TRIBUNAL-II, KERALA AT ERNAKULAM**

Dated this the 1^st day of October, 2018

**Present: S.V.Gowramma, B.A., LL.B Presiding Officer**

TA.No.176/2017 (OA.No.171/2016)

**Between**

The Federal Bank Ltd., Kumily Branch. ....Applicant

**And**

Shri. Nirmal Job, & another ....Defendants

**FINAL ORDER**