STATE BANK OF INDIA vs Mr S Pachamuthu on 6 March 2019

ORDER

1. This application is filed by the applicant bank under Section 19(1) of Recovery of Debts due and Bankruptcy Act, 1993 (formerly Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the defendants jointly and severally for recovery of a sum of Rs. 11,18,094/- together with interest thereon @ 12.25 % p.a. for Agricultural Term Loan facility from the date of filing of the application till the date of realization in full, for sale of the schedule mentioned property along with costs of this application.

2. On perusal of the order sheet dated 23.6.2016 reveals that the Counsel for the applicant bank filed memo and submitting that despite their best efforts, they could not trace any legal heirs of the deceased 6th defendant and prays for withdrawing the TA. claim against deceased D6. Memo was allowed , and the applicant bank was directed to cause necessary amendments in the O.A.

3. Defendants remained exparte.

4. Heard the Ld. Counsel for the applicant, perused the OA averments and the record placed before the Tribunal. The point that arises for consideration is Whether the applicant bank is entitled for the amount claimed in the application from the defendants? If so, at what rate of interest?

5. Point Whether the applicant bank is entitled for the amount claimed in the application from the defendants? If so, at what rate of interest? To prove its claim, the applicant bank filed proof affidavit through its Authorised Signatory i.e. Branch Manager along with 16 documents, which are marked as Ex.A-1 to A-16 . The proof affidavit of the applicant bank remain unchallenged and unrebutted. Therefore, on careful consideration of proof affidavit along with Exhibits filed on behalf of the applicant bank, besides the material placed before the Tribunal, the Tribunal is satisfied that the applicant bank has successfully proved the TAclaim against the defendants. Point is answered accordingly.

6. For the reasons stated as above, it is held that the applicant bank is entitled for a Recovery Certificate against the defendants jointly and severally for recovery of a sum of Rs.11,18,094/- together with pendent lite and future interest at 9% per annum (simple) from the date of filing of the application till the date of realization in full, for sale of the schedule mentioned property along with costs of this application.

7. In the result, application is allowed as under: a) The applicant bank is entitled to recover a sum of Rs. 11,18,094/- together with pendent lite and future interest at 9% per annum (simple) from the date of filing of the application till the date of realization in full, from the defendants 1 to 5, jointly and severally , b) It is further ordered that in case of default of payment by the defendants 1 to 5, the applicant bank is entitled to sell the schedule mentioned properties and adjust the sale proceeds towards the amount due. c) If the sale proceeds are not found sufficient to cover the amount due and payable to the applicant bank, the defendants 1 to 5 are personally liable for all such amounts due. d) It is further ordered that any amount remitted or realized, if any, during the course of the proceedings, shall be given due credit to the loan account of the defendants. e) The applicant bank is entitled for costs of this application.

8. The applicant bank is directed to file costs memo within two weeks of the receipt of this order.

9. Issue recovery certificate in favour of the applicant bank in terms of this final order.

10. Communicate a copy of the order to the parties concerned in terms of Rule 16 read with Rule 2(c) of DRT (Procedure) Rules, 1993. (Dictated to stenographer (SN), transcribed by him, corrected, signed and pronouncedby me in the Open Court, this 6th day of March, 2019) Sd/- (N.V.BADARINATH) PRESIDING OFFICER DRT-I, CHENNAI