Debts Recovery Tribunals and Appellate Tribunals

PUNJAB NATIONAL BANK vs M/S. SASAARA CONSULTANCY & INSURANCE BROKINGSmt Bhagya Rekha.S.Hegde Sri.K.Shivaram Shetty Smt G.Shylaja S.Shetty on 16 February 2019

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**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.455/2017

(O.A.NO.2265/2014-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 SASAARA CONSULTANCY &

INSURANCE BROKING**

A Proprietorship Firm

30, CQAL Layout, Sahakaranagar

Bengaluru-560092

Rep.by its Prop.

Smt.Bhagya Rekha S.Hegde

**2) Smt.Bhagya Rekha S.Hegde**

W/o Sri Shrikanth Hegde K.M

No.900, 'D' Block, Sahakaranagar

Bengaluru-560092

**Also at:** Smt.Bhagya Rekha S.Hegde

W/o Sri Shrikanth Hegde K.M

No.1587, B-Block, Sahakaranagar

Bengaluru-560092

**3) Sri K.Shivaram Shetty**

S/o Chikkaiah Shetty

No.4, 2<sup>nd</sup> Floor, 5<sup>th</sup> Cross Chinnaswamy Pillai Road Jai Bharat Nagar Bengaluru-560033

**Also at:** Sri K.Shivaram Shetty

S/o Chikkaiah Shetty

No.18, Ramakrishnappa Road

Cox Town, Bengaluru-560005

**4) Smt.G.Shylaja S.Shetty**

W/o Sri K. Shivaram Shetty

No.4, 2<sup>nd</sup> Floor, 5<sup>th</sup> Cross Chinnaswamy Pillai Road Jai Bharat Nagar Bengaluru-560033

**Also at: Smt.G.Shylaja S.Shetty**

W/o Sri K. Shivaram Shetty

No.18, Ramakrishnappa Road

Cox Town, Bengaluru-560005

.. . **DEFENDANTS**

**Counsels on record/appeared for:**

<table><tbody><tr><td>Applicant</td><td>: Sri H.R.Katti</td></tr><tr><td>Defendants 1 to 4</td><td>: Ex parte</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.36,97,648/- 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 along with defendant No.3 and 4 as guarantors. The

applicant bank considered their request and sanctioned term loan facility of Rs.40,00,000/- vide sanction letter dated 28.09.2011. 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 29.01.2014 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.36,97,648/- .

6. After filing the TA, summons were sent and served on the defendants through RPAD, and when defendants were called out, defendants remained absent and hence, placed 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 7 documents came to be marked as Ex.A-3 to Ex.A-9.

1. 8. No evidence on behalf of the Defendants.

2. 9. Arguments of Learned Counsel for the Plaintiff/applicant bank heard and perused the records of the case.

3. 10. Following points arise for my consideration:

1. 1) Whether Plaintiff/applicant bank proves its case as contended in the plaint/application?

2. 2) What order?

4. 11. For the following reasons, I answer the above referred points in the following manner:

**REASONS**

1. 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-9 which clearly establish the case of the applicant bank to allow the present TA. Added to this, defendants 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.

13. Therefore, for these reasons, present TA is to be allowed with costs as sought by the applicant bank.

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**:O R D E R:**

Present TA stands allowed as prayed for with costs.

Defendants shall jointly and severally liable to pay Rs.36,97,648/- 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-A and mortgaged immovable property as described in the Schedule-B 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.455/2017 in O.A.No.2265/2014**: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.9 : 7 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

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