Debts Recovery Tribunals and Appellate Tribunals

Canara Bank vs Mr. S. Pannerselvam on 27 March 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL –II AT CHENNAI

Dated this 27th day of March, 2024

PRESENT: SHRI T. RAJESH

PRESIDING OFFICER

TA No.178 of 2023

(Originally filed before DRT-I, Chennai as OA No.11 of 2021 and thereafter Transferred to this Tribunal and renumbered as TA No.178 of 2023)

Canara Bank

Rep. by its Manager

Having office at Madapalli Branch

Madavalam post, Vellore – 635 653

….Applicant

Versus

Mr. S. Pannerselvam

S/o. Mr. Sabapathi

Selandampalli Village, Selandam Post

Tirupattur Taluk, Vellore – 635 653

…Defendant

T

Counsel for the Applicant Bank

: Mr. B. Narasimhan

Counsel for Defendant

: Ex-parte

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FINAL ORDER

1. The Application is filed under Section 19(1) of the Recovery of Debt And Bankruptcy Act, 1993 seeking for issuance of a Recovery Certificate for Rs. 14,75,947.27 (Rupees Fourteen Lakhs Seventy Five Thousand Nine Hundred Forty Seven and Twenty Seven paisa only) due in Credit Facility of Prime Minister’s Employment generation program (PMEGP) availed by the defendant.

2. The above TA was originally filed before DRT-I and got transferred to this Tribunal and renumbered as above.

3. The Applicant contends that a credit facility of Rs. 5,00,000/- was availed by the defendant through the sponsoring agency “Khadi Village Industries” for carrying on the business of manufacturing of cattle feed.

4. The Applicant further contents that despite availing the credit facility by obliging to pay back the amount, the defendant failed in compliance of the same and all the efforts of the Applicant to make the defendants pay back the amount including the issuance of lawyer notices dated 14.3.20216 and 25.8.2016 failed forcing the Applicant to file this Application.

5. Summons was taken out and as the defendant failed to appear he was set ex- parte on 27.10.2023.

6. The Applicant let in evidence through AW1, filed proof affidavit in conforming with pleading and got marked Ext A1 to A11.

7. Heard, the following issues arise for consideration: -

(i) Whether the Applicant had proved the TA claim?

(ii) What orders are to be passed? Both these issues are decided together.

8. The Applicant evidence remain un-rebutted and hence proved. The documents produced by the Applicant are found to be admissible and are sufficient to prove TA claim. Hence the Applicant is to be found entitled for the TA claim. The TA claim is made within limitation and there is no capitalization of penal interest. Since the facility is for agricultural related activity, the pendente lite and future interest is awarded at 8% per annum (simple).

9. In view of the above, the following order is passed: - (a) TA No.178 of 2023 stands allowed.

(b) Applicant is permitted to recover an amount of Rs. 14,75,947.27p (Rupees Fourteen Lakhs Seventy Five Thousand Nine Hundred Forty Seven and Twenty Seven paisa only) with future and pendentalate interest @ 8% simple P.A from the date of filing of the OA/TA till realization, after giving credit to all the amount recovered and received during the pendency of the OA/TA, from the defendant personally after giving credit to all the amount recovered and received during the pendency of the TA.

(c) A Recovery Certificate is to be drawn and issued to the recovery Officer to enable recovery of the as per the above terms.

(d) Applicant is allowed to realize cost of the proceeding for which cost memo is to be filed in 7 days’ time from the date of receipt of the copy of the order.

10. Communicate a copy of the order to the parties concerned in terms of section 19(21)(i) of the RDB Act, read with Rule 6 of DRT (Procedure) Rules, 1993. (Dictated to PA, transcribed by him, corrected, signed and pronounced by me in the Open court, this the 27th day of March, 2024)

Sd/- (T.RAJESH)

PRESIDING OFFICER

DRT-II, CHENNAI

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