BANK OF BARODA vs M KANDASAMY . on 29 December 2023

ORDER

1. The above Transfer Application is filed under section 19 of the Recovery of Debts and Bankruptcy Act seeking recovery of Rs.14,51,640/- with further interest from the date of filing of the TA and by allowing the same to be recovered from the defendants jointly and severally and also by sale of the schedule mentioned properties.

2. The above original application is filed before the DRT-I and stood transferred to this Tribunal and renumbered as above.

3. The case of the applicant can be encapsulated as follows: The 1st defendant being the borrower and the 2nd defendant being the guarantor had applied for and availed the following facilities:

a) Kisan Credit Crop Loan for Rs.2,50,000/-.

b) Kisan Credit Term Loan for Rs.3,80,000/-

c) Kisan Credit Card Loan for Rs.1,99,820/-

4. It is also stated that the above facilities were availed after execution of necessary loan documents by defendants obliging themselves to repay the amount promptly and regularly, without fail.

5. Apart from execution of the necessary loan documents, the defendants had created security by way of equitable mortgage over the schedule mentioned properties. Over and above the same, hypothecation over the crops was also marked as being the security for repayment of the loan.

6. Even though the defendants had obliged themselves to repay the amount promptly and regularly, they failed to do so resulting defaults in the account and the same being declared as NPA on 15.12.2015.

7. The applicant’s officials had on many occasions approached the defendants requesting them to regularize the account and despite the same, no effort was made by the defendants to get the account regularized over to pay back the amount. Even as no repayment was made despite repeated requests, the applicant had on 25.02.2016 and 17.02.2016 caused to issue a lawyer notices in respect of Kisan Credit Crop Loan and Kisan Credit Card Loan account Nos.303108651000262 and 303108661000022 respectively. Even after the issuance of the lawyer notices the defendants had acknowledged the liabilities.

8. It is also the case of the applicant that despite repeated reminders and requests, the defendants had failed to make the repayment forcing the applicant to file this TA seeking recovery of the amount due in the account with further interest and cost.

9. Even as the defendants failed to enter appearance, they were set exparte on 30.05.2022.

10. The applicant had let in evidence through AW1 who had sworn to a Proof Affidavit in terms of the pleadings in the TA and also produced Exhibits A1 to A39 and got the same marked in evidence.

11. Heard the counsel for the applicant and considered the contentions as taken in the TA in the light of documentary evidence and proof affidavit. The following issues arise for consideration in this matter: i) Whether the applicant had succeeded in proving the TA claim? ii) What orders are to be passed? Both these issues are gone into and decided together.

12. The case put forth by the applicant in the Application remains unrebutted as defendants remain exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible. From the statement of accounts as produced by the applicant, it is evident that the amount as claimed in the TA is outstanding in the account, which the applicant is entitled to get recovered from the defendants and their assets (including the schedule mentioned property). The claim of the applicant is well within the period of limitation and there is no

Capitalization of penal interest. Since the credit facilities are for agricultural purposes, the prayer for half yearly rests is rejected and interest is awarded at 12% p.a. (simple).

13. In view of the finding as entered above i) TA No.664 of 2022 stands allowed. ii) Applicant is permitted to recover an amount of Rs.14,51,640/- (Rupees Fourteen Lakhs Fifty One Thousand Six Hundred forty only) with future and pendentelite interest @ 12% p.a. (simple) from the date of filing of the TA till realization from the defendants after giving credit to all the amounts recovered and received during the pendency of the TA. iii) The schedule properties to be proceeded against and sold and if the sale proceeds are not sufficient the defendants and their other assets are liable to be proceed against. iv) A Recovery Certificate is to be drawn and issued to the recovery officer to enable recovery of the amount as per the above terms.

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

14. Communicate a copy of the order to the parties concerned in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT (Procedure) Rules, 1993. (Dictated to PA, transcribed by him, corrected, signed and pronounced by me in the Open Court, this 29th day of December, 2023)

Sd./- (T. RAJESH) PRESIDING OFFICER DRT-II, CHENNAI