Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs M/S. THAKUR GEMS & JEWELS & ORS on 16 February 2019
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU**
Dated this the 16<sup>th</sup> day of February, 2019
**Present: Shri K Ravindran Nair,
Hon`ble Presiding Officer
Incharge-DRT-II**
**T.A.NO.2209/2017**
**(O.A.NO.1718/2014-DRT-I)**
**BETWEEN:**
**Punjab National Bank**
Tumkur Branch
1<sup>st</sup> Cross, Vidyanagar
B.H.Road, Tumkur-572 103
**Represented by its Senior Officer**
Mr.A.V.Ramachandra
... **APPLICANT**
**AND:**
**1) M/s Thakur Gems and Jewels**
No.60/1, Manasabha Palace Complex
Shop No.3, Sultanpalaya
R.T.Nagar Post
Bengaluru-560032
Rep.by its Prop.Sri P.M.Thakur
**2) Sri P.M.Thakur**
S/o Sri Moti Lal
**3) Smt.Falguni Thakur**
W/o Sri P.M.Thakur
**Defendants 2 & 3 are r/at:**
No.50(Old No.11) Ward No.95
Flat No.S-2, 2<sup>nd</sup> & 3<sup>rd</sup> Floor R.S.Abode, 4<sup>th</sup> Main Road Sultanpalaya, R.T.Nagar Post Bengaluru-560032
**Also at:**
No.A-1-704, Whitehouse Apartment
Dinnur Main Road, R.T.Nagar
Bengaluru-560032
2T.A.No.2209/2017 in O.A.No.1718/2014**4) Authorized Officer**
The Federal Bank Ltd.,
Asset Recovery Branch
No.4, 2<sup>nd</sup> Cross, CSI Compound Mission Road, Bengaluru-560027
.. . . **DEFENDANTS**
**Counsels on record/appeared for:**
<table><tbody><tr><td>Applicant</td><td>: Sri H.R.Katti</td></tr><tr><td>Defendants 1 to 3</td><td>: Ex parte</td></tr><tr><td>Defendant No.4</td><td>: Sri G.S.Bhat (WS not accepted)</td></tr></tbody></table>
**FINAL ORDERS**
The present Transfer Application is filed by the Applicant Bank under Section 19 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, seeking recovery of an amount of Rs.65,71,715/- from the Defendants with interest and cost.
2. The case of the applicant bank that 1<sup>st</sup> defendant is a proprietorship firm and defendant No.2 is its proprietor had approached the applicant bank for financial assistance with defendant No.3 as guarantor. The applicant bank considered their request and sanctioned cash credit of Rs.55,00,000/- vide sanction letter dated 24.07.2012. Defendants have executed necessary and requisite loan related documents in favour of the applicant bank. After
availing the loan, the defendants failed to regularize the loan account and also failed to pay the installments. Defendant did not come forward to repay the balance outstanding. Hence, the present TA. The applicant bank has produced the documents in favour of its case viz., Loan application, sanction letter, hypothecation agreement, agreement of guarantee and certified copy of account extract etc.,
3. Further the Defendants agreed to repay the above loans with variable rate of interest, as applicable from time to time as per the directions of the Head Office/Central Office of the Applicant Bank and penal interest in case of default and keep the account regular by paying installments as and when due to the satisfaction of the Applicant Bank, as detailed in the TA by the Applicant Bank.
4. The Defendants after utilizing all the entire loan proceeds for the above said purposes have failed to make the repayments of the loan dues as agreed and they have not serviced the interest thereon as per the terms and conditions agreed by the defendants and have become chronic defaulters and the Applicant bank has issued legal
notice dated 21.10.2013 to the defendants for which the defendants have not taken any steps to clear the dues and hence the recovery process is initiated to recover the dues.
5. In the light of these factors, it is contended by the Applicant Bank that, Defendants are liable to pay a total sum of Rs.65,71,715/- .
6. After filing the TA, summons were sent and served on the defendants through RPAD, and when defendants were called out, defendant No.1 to 3 remained absent and defendant No.4 appeared through his advocate and filed written statement, but same was not accepted and hence, placed all defendants ex-parte.
7. To prove the case of the Applicant Bank, its Senior Manager has filed her affidavit by way of evidence and same was considered as evidence of AW-1 and marked at Ex. A-1 and list of documents came to be marked as Ex.A-2 and 6 documents came to be marked as Ex.A-3 to Ex.A8.
8. No evidence on behalf of the Defendants.
9. Arguments of Learned Counsel for the Plaintiff/applicant bank heard and perused the records of the case.
10. Following points arise for my consideration:
1) Whether Plaintiff/applicant bank proves its case as contended in the plaint/application?
2) What order?
11. For the following reasons, I answer the above referred points in the following manner:
REASONS
12. The Senior Manager of the applicant bank came to be examined as AW-1. Her affidavit by way of evidence reiterates the facts pleaded in the plaint and her affidavit is also corroborated by the above referred Ex.A-3 to Ex.A-8 which clearly establish the case of the applicant bank to allow the present TA. Added to this, defendants 1 to 3 have remained absent and hence it is to be construed that they have admitted the entire case pleaded by the applicant bank as sought in the present T.A and the written statement filed by the defendant No.4 has not been accepted.
13. Consequently, Interim order of temporary injunction of schedule property in IA No.4338/2014 passed on 12.09.2014 is made absolute.
14. Therefore, for these reasons, present TA is to be allowed with costs as sought by the applicant bank.
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**:ORDER:**
Present TA stands allowed as prayed for with costs. Consequently, Interim order of temporary injunction of schedule property in IA No.4338/2014 passed on 12.09.2014 is made absolute.
Defendants shall jointly and severally liable to pay Rs.65,71,715/- with future interest as applicable, from the date of application till the date of realization, as sought by the Applicant Bank in the TA.
In the event of failure of Defendants to pay the said TA amount, the applicant bank is at liberty to sell the hypothecated movable assets as described in the Schedule-I and mortgaged immovable property as described in the
Schedule-II of the main petition according to the Law as sought by the applicant bank in the TA.
In spite of sale of the property mentioned in the Schedule/s, if the TA amount is not fully realized, then the Applicant Bank is at liberty to proceed against the person and other properties of the Defendants as required under law and also as advised.
Applicant Bank shall file fresh Memo of calculation of TA amount together with interest, costs etc., to be paid by Defendants duly taking into account the amount/s if any paid by the Defendants and/or amount realized by sale of assets, etc., during the intervening period after filing the TA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendants to the Applicant Bank.
Office is directed to issue Recovery Certificate.
(Dictated to the Steno, transcribed by her and after necessary corrections, signed and pronounced by me in the Open Court on this **16<sup>th</sup> day of February, 2019**)
K. Ravindran Nair Presiding Officer I/C - DRT II, Bengaluru
8T.A.No.2209/2017 in O.A.No.1718/2014**:ANNEXURES:****LIST OF WITNESSES EXAMINED ON BEHALF OF APPLICANT-BANK:**
AW.1 – Smt.Praseetha Senior Manager of Applicant bank
**LIST OF DOCUMENTS MARKED ON BEHALF OF APPLICANT BANK:**
Ex.A1 : Affidavit of AW.1 Ex.A2 : List of documents + Exs.A3 – A.8 : 6 documents
**LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANTS :**
- NIL –
**LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENDANTS:**
-NIL-
K Ravindran Nair Presiding Officer I/c-DRT-II, Bengaluru
Cha