Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs M s Green Leaf on 23 April 2024
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 23rd day of April, 2024
Present: Shri Ganapathi K.R.K.
Presiding Officer
M.A. No. 82/2024 in OA Dy. No.234/2023
(OASR No.1502/2023)
M/s. Bank of Baroda
Kolathur Branch
198/2, Baba Nagar Main Road,
Srinivasa Nagar, Villivakkam,
Chennai- 600 049.
Rep by its Chief Manager
….Applicant
-Vs-
1.
M/s. Green Leaf, a Proprietorship Concern Rep by its Proprietorix, Mrs. M. Sivaranjini Having office at Madurai Chettinad Mess No.8/9, CTH Cormandal Town, Ambattur Industrial Estate, Chennai-600 098.
2.
Mrs. M. Sivaranjini, W/o. Mr. V. Muthuselvan,
3.
Mr. V. Muthuselvan, S/o. Mr. Varadharajan
(2) and (3) are residing at No.1240, Nishanth Nivas, 61st Street, Korattur, Chennai-600 080.
…Defendants
Counsels on record / appeared:
Counsel for Applicant
:
M/s. E. Vijayaraghavan
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ORDER
1. This application is filed by petitioner / applicant bank praying to appoint an Advocate Commissioner to inspect the original documents lying with Bank Fraud Investigation Wing, Central Crime Branch, Vepery, Chennai – 600 007.
2. OA is filed by applicant bank for recovery of a sum of Rs.98,06,221/- together with future interest at the rate of 13.25% p.a. 11.5% p.a. and 12.25%p.a. respectively in in respect of Term Loan and other two loan facilities, from the date of application till the date of realization in full.
3. At the stage of scrutiny of documents before numbering the OA, applicant bank had filed this application in MA No.82/2024.
4. Perused material documents available on record. It is the case of applicant bank that defendants / borrowers have committed fraud and played mischief with applicant and as a consequence, a complaint was lodged against defendants with Bank Fraud Investigation wing, CCB, Vepery, Chennai. At request of CCB, Chennai, applicant bank had submitted all original documents relating to the above loan account for a detailed investigation. Hence, applicant bank prayed for appointing an Advocate Commissioner for the purpose of verification and comparison of documents contemplated to be filed and marked as Exhibits with originals lying in the hands of CCB, Bank Fraud Investigation Wing, Vepery, Chennai.
5. In the circumstances pleaded, MA No.81/2024 is allowed and Ms. Pallavi Baskaran, Advocate is appointed as Advocate Commissioner for the purpose of inspecting, comparing and verifying the copies of the documents filed along with OA, with the original documents lying in custody of CCB, Bank Fraud Investigation Wing, Vepery, Chennai. The remuneration of Advocate Commissioner for the purpose is fixed at Rs.20,000/- to be paid by applicant bank directly and file proof thereof.
6. The Advocate Commissioner is directed to issue advance notice about the execution of commands of the warrant to the Ld. counsel appearing for applicant bank, as well as to the officials of CCB, Bank Fraud Investigation Wing, Vepery, Chennai, with whom the custody of documents is stated to be submitted by applicant bank and to defendants by Registered post with acknowledgment due to their last known address and then proceed to verify each and every page of documents including the number of pages, signatures and dates and categorically describe the same document wise in his report.
7. Applicant bank is directed to furnish copies of all the pages of the documents to verify and confirm the same in two sets to the Advocate Commissioner for execution of the warrant.
8. The Advocate Commissioner is directed to file report by 29.05.2024. Accordingly, Registry is directed to issue warrant to the Advocate Commissioner. (Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 23rd day of April, 2024)
Sd/- (GANAPATHI K.R.K)
PRESIDING OFFICER