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Judgment
I.A. No.663/2023 (application for condonation of delay)
There is delay in filing the appeal due to the reason stated in the application. After considering all facts, the delay in filing the appeal is condoned. Application is accordingly allowed.
Appeal no.238/2023
The present appeal is filed to impugn the order dated 20.02.2020 passed by DRT-I, Delhi in O.A. No.233/2017 titled as ICICI Bank Limited V. Dinesh Verma & others. The operative part of the impugned order dated 20.02.2020 is reproduced as under:-
8.In the given facts and circumstances of the case as discussed above, the OA of applicant bank is allowed with interest till its entire realization.
ORDER
(i)I allow this OA and direct all the defendants, but at the first instance, defendant no.4 to pay the applicant bank within a period of 30 days, a sum of Rs.39,00,300/- (Rupees Thirty Nine Lacs Three Hundred Only) alongwith costs and pendentelite and future interest at the rate of 12.80% p.a. from 04.10.2016 till its entire realization, failing which the aforesaid amount shall be recovered from the sale of mortgaged property i.e. "Plot No.4, flat No.G-1, Ground Floor, Asiatic Apartments, Calangute Bardez, Goa-403518". In case of shortfall/non-existence of mortgaged property, the same shall be recovered from the sale of personal movable and immovable properties, firstly of the defendant no.4 and thereafter of the defendants no.1 to 3.
(ii)The recovery certificate be issued forthwith and be sent to the Recovery Officer-I, Debts Recovery Tribunal-I, Delhi.
(iii)Parties are directed to appear before the Recovery Officer-I, DRT-I, Delhi on 01.04.2020.
(iv)Copies of the final order be sent to all concerned free of costs.
The counsel Sh. Rajeev Sagar, Advocate for the appellant stated and argued that the decretal amount as per the impugned order dated 20.02.2020 be allowed to be recovered against all the respondents/defendants in the O.A. The appellant in the present appeal has made the following prayers:-
i.Modify the impugned final order dated 20.02.2020 passed by the Ld. Presiding Officer, DRT-I, Delhi in O.A. No.233/2017 thereby quashing and setting aside the part of the order which absolves the Respondent No.1 and 2 from their liability to pay outstanding dues of the Appellant; ii. Modify the impugned final order dated 20.02.2020 passed in OA no.233/2017 by the Ld. Presiding Officer DRT-I, Delhi to the effect that the Respondent no. 1, 2, 3 and 4 are jointly as well as severally liable for repayment of dues of the appellant bank as prayed for by the appellant bank in the abovementioned Original Application; iii. Direct the Ld. Tribunal below to issue a recovery certificate for the recovery of Rs.39,00,300.00(RUPEES THIRTY-NINE LACS THREE HUNDRED ONLY) against all the respondents i.e., respondent no.1-3 along with costs, pendant-lite and future interest thereon at the rate of @24% per annum from the date of filing of the OA till its realization in full. iv. Pass any other order as that this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case to the applicant bank
It is reflecting from the arguments advanced by Sh. Rajeev Sagar, Advocate for the appellant and from the prayer clause that the appellant by way of modification of the order dated 20.02.2020 wants to make all the defendants/respondents jointly and severally liable for the repayment of the dues. DRT-I, Delhi in the impugned order dated 20.02.2020 has allowed the O.A. against all the defendants/respondents but observed that the decretal amount first be recovered from defendant no.4 and if the appellant is not able to recover the entire amount, the balance recovery be made from defendants/respondents 1 to 3. In these circumstances, no further relief can be granted in favour of the appellant as the DRT in the impugned order has allowed the O.A. against all the defendants/respondents. The appeal is decided accordingly.