APARESH KUMAR SINGH,J. - (1.) By the judgment dated 01.07.2015 passed in O.A. No. 114/2008 by the Learned Debt Recovery Tribunal, Ranchi, application of the bank was allowed on contest against the Defendant Nos. 2, 3, 4, 6 & 8 and ex-parte against Defendant Nos. 1, 5 & 7 with cost. O.A. was dismissed against the Defendant Nos. 9 & 10. Learned Debt Recovery Tribunal held as follows: It is therefore ordered:- (i) That the Original Application No. 114 of 2008 initiated by the Applicant Bank for issuance of Recovery Certificate to the tune of Rs. 1,07,97,557.31 (Rupees One Crores Seven Lacs Ninety Seven Thousand Five Hundred Fifty Seven and Paise Thirty One only) together with interest and costs hereby succeeds and is allowed on contest against the Defendants No. 2, 3, 4, 6 & 8 and ex-parte against Defendants No. 1, 5 & 7 jointly and severally with costs. The Defendants are directed to pay the dues within a period of two months from the date of judgment, failing which the Applicant Bank will be entitled to sell the mortgaged properties (other than created by Defendants No. 6 & 7) detailed in the application and para 3 herein above to recover Rs. 70.00 Lacs plus interest. In case the sale proceeds do not satisfy the certificate dues in full, the balance be recovered from other personal assets/properties of Defendants No. 1 to 8. The Applicant bank is further entitled to pendente-lite and future interest on the amount due @ 10.00% per annum with monthly rest from filing of the case i.e. 01.07.2008 till full recovery is made from the Defendants. (ii) Let a Recovery Certificate be issued immediately under Section 19(22) of Recovery of Debts Due to Banks and Financial Institution Act, 1993 together with the details of the properties (as detailed in its Original Application) by fixing 01.09.2015 before R.O., DRT, Ranchi. (iii) The Defendants No. 1 to 8 are hereby restrained by means of injunctions from depleting, transferring, encumbering, alienating or in any way dealing with their properties/estates without first paying the claim of the Applicant - Bank. (iv) The O.A. is dismissed against Defendants No. 9 & 10. Judgment is completed, pronounced in the open court.
(2.) As is apparent, the Original Application was decided ex-parte against the present petitioner i.e. Defendant No. 7 therein. Pursuant to the judgment and Recovery Certificate Issued, a Demand Notice has followed for recovery in Recovery Proceeding No. 244/2015 dated 13.07.2015 (Annexure-4) passed by the Recovery Officer, Debts Recovery Tribunal, Ranchi.
(3.) Petitioner has approached this Court asserting that on merits, petitioner does not dispute the claim of the Respondent Bank for recovery of the outstanding dues against Defendant Nos. 2,3,4,6 and 8. Learned Presiding Officer also in the judgment at Para -13(i), has directed that Defendants should pay the dues within a period of two months from the date of judgment, failing which the Applicant Bank will be entitled to sell the mortgaged properties (other than created by Defendants No. 6 & 7) detailed in the application and Para-3 herein-above, to recover Rs. 70.00 lacs plus interest.;