BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV COSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENT

INDEX

Sl. N.o Particulars Page

No.

1 Memo of parties

2 Synopsis

3 List of dates and events

4 Memorandum of appeal under section 20 of the

 recovery of debts due to banks and financial

institutions act 1993 along with affidavit

5 Annexure A/1

Copy of the order dated 27.07.2022

6 Annexure A/2

Copy of the letter of authority dated 30.05.2017

7 Annexure A/3 (colly.)

Copy of Application for bill discounting along with

bill exchange and invoices.

8 Annexure A/4

Copy of Demand Promissory Note

9 Annexure A/5

Copy of Composite Hypothecation Agreement

10 Annexure A/6

Charge and Hypothecation of Debt Agreement

11 Annexure A/7

Copy of Power of Attorney

12 Annexure A/8 (colly.)

Copies of letters issued by Janjati Vikas Vibhag

13 Annexure A/9 (colly.)

Copy of Cheques Dated 04.02.2016

14 Annexure A/10

Copy of Letter Dated 05.02.2016

15 Annexure A/11

Copy of Letter Dated 07.04.2017

16 Annexure A/12

Copy of Statement of Loan Account

17 Annexure A/13

Copy of Details of Rate of Interest Charged in the

Loan accounts of Respondent No.1

18 Annexure A/14

Copy of the order dated 05.04.2022

19 APPLICATION FOR CONDONATION OF DELAY

ON BEHALF OF THE APPELLANT/APPLICANT

FOR CONDONING THE DELAY OF ___ DAYS

ALONG WITH AFFIDAVIT

20 VAKALATNAMA

21 PROOF OF SERVICE
 APPELLANT

THROUGH
SRI & ASSOCIATES
Advocates & Consultants
Counsel for the Applicant
B-1/6, LGF, Hauz Khas,
New Delhi-110016
Date: Mob: 9871643443
Place: New Delhi Email: pbasrinivasan@yahoo.co.in

BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI
 APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENT

MEMO OF PARTIES

1. CANARA BANK

Branch office –Malviya Nagar, Jaipur

Rajasthan Appellant.

1. YADAV CONSTRUCTION AND TRADING COMPANY

Bus stand, Doongari Khud,

Via Renwal, Tehsil-Phulera

Jaipur(Rajasthan)
 2. SMT RAM GOPAL YADAV

Proprietor of M/S Yadav construction and Trading Co.

Bus stand, Doongari Khud,

Via renwal, Tehsil-Phulera

Jaipur(Rajasthan) ..Respondents

APPELLANT

THROUGH
SRI & ASSOCIATES
Advocates & Consultants
Counsel for the Applicant
B-1/6, LGF, Hauz Khas,
New Delhi-110016
Date: Mob: 9871643443
Place: New Delhi Email: pbasrinivasan@yahoo.co.in
 BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

SYNOPSYS

The appellant most humbly submits the brief facts and

circumstances leading to the filing of the present appeal

The Respondent a proprietorship firm through it’s proprietor

Respondent No.2 availed financial facilities from Applicant Bank

and Respondent No. 2 executed loaning and security document in

favour of appellant Bank. Thus Respondents are jointly and

severally liable to pay the bank dues, claimed in this application

The Respondent No. 2 was in need of financial assistance for

expansion of the business of Respondent no 1 thus approached the

appellant bank for bill discount facility and submitted application

form for the same.

The date of bill of exchange was 16.12.2015, 17.12.2015 and

18.12.2015 with an invoice amount of Rs. 3,00,01,630/-, Rs

2,98,92,422/- and Rs 3,00,11,705/- respectively.

That the Appellant Bank after considering the request and

representation made by Respondent No. 2 agreed to sanction the

bill discount facility in the name of Respondent No. 1.

On 03.02.2016 the Respondent No 2 visited the Appellant Bank and

in consideration to Appellant Bank for sanctioning the said bill of

exchange facility, executed following loan and security documents

in favour of the Appellant Bank and delivered the same to the

Appellant bank these are :- Demand Promissory Note, Composite

Hypothecation Agreement, Charge and Hypothecation of Debt

Agreement.

That Respondent no.2 was again in need of financial facility for

business need of Respondent No. 1 and Respondent No. 2,

(Proprietor of Respondent No. 1) approached the bank and applied

for Cheque discount facility with the cheques issued by Priyojna

Adhikari Jayanti Vikas Vibhag of Union of india dated 04.02.2016

bearing cheque No. 33088907.

The appellant bank agreed to sanction cheque discount facility in

the name of Respondent no. 1 and Respondent no. 1 executed the

letter of undertaking in favour of Appellant Bank. Whereby,

Respondent no.2 authorized appellant bank, to debit account of

Respondent no. 1 with interest in case of default/non payment.

This was done vide letter dated 05.02.2016

That the Appellant bank had lodged an FIR with CBI against the

persons named in FIR for their fraudulent act against the appellant

bank and during the investigation in aforesaid FIR, investigation

officer of CBI vide it’s letter dated 07.04.2017 instructed the

Appellant bank to submit all the original papers of concerned loan

accounts, Appellant Bank had to submit original loan documents

with CBI, and any other document when need arises.

The Respondent no. 1 failed to maintain the account under the

above said facilities in a regular manner and failed to pay interest

payable on outstanding amount in the appellant’s account, the

appellant bank from time to time called upon the Respondent No. 1

to regularize the account and to repay the outstanding dues to the

Applicant Bank but the Respondents neglected it.

The above said account of the Respondents became an NPA on

31.03.2016. After the account of Respondent No.1 was classified as

NPA the appellant bank did not maintain a separate mirror account

and maintained only a common account for both the pre NPA and

post NPA in it’s ordinary and regular course of business.

That the total outstanding amounts due from and payable by the

respondents in the above said credit facilities are

BILL DISCOUNTING Rs 11,59,35,198/-

A/C no. 83041010002368 (Rupees Eleven Crore Fifty

Amount outstanding calculating Nine lac Thirty five Thousand

interest up to 30.06.2017 One Hundred And Ninety

Eight Only)

CHEQUE DISCOUNTING Rs 3,22,84,4876/- (Rupees

A/C 83041010002368 Three Crore Twenty Two Lakh

Amount outstanding calculating Eighty Four Thousand Four

interest up to 30.06.2017 Hundred Eighty Seven Only)

The appellant bank is entitled to pendent lite and future interest at

the contractual rate which is 18.45% p.a with monthly rests and

additional interest at 2% from 01.07.2017 till the date of payment

or realization.

The Appellant values its claim in the application at Rs

14,82,19,685/- (Rupees Fourteen Crore Eighty two Lakh Nineteen

Thousand Six Hundred Eighty Five Only) and are paying the

appellant fee of Rs 1,50,000/- (Rupees One Lac Fifty Thousand

Only)

Following which an OA 110 /2018 was filed in DRT Jaipur which

passed an impugned order dated 27.07.2022.

 APPELLANT

THROUGH
SRI & ASSOCIATES
Advocates & Consultants
Counsel for the Applicant
B-1/6, LGF, Hauz Khas,
New Delhi-110016
Date: Mob: 9871643443
Place: New Delhi Email: pbasrinivasan@yahoo.co.in
 BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

LIST OF DATES AND EVENTS

DATES PARTICULARS

03.02.201 Respondents visited the branch of appellant bank

6 having sanctioned the said bill of exchange facility

against invoice no. 463/07.12.2015 (Rs

3,00,01,630/-), 465/09.12.2015 (Rs. 2,98,92,422),

 473/09.12.2015 (Rs 3,00,11,705/-)

05.02.201 Respondents No. 2 being a proprietor of Respondent

6 No. 1 approached the bank and applied for cheque

discount facility with cheques issued by Pariyojna

Adhikari Janjati Vikas Vibhag. Worth 2,49,59,100/-

31.03.201 The account was classified as Non Performing Asset

07.04.201 The appellant Bank lodged an FIR with CBI, New

7 Delhi and a letter instructing the Appellant was

issued to hand over the documents to CBI.

30.06.201 Total outstanding dues are :- 14,82,19,685/-

1.07.2017 Entitled to Pendent lite interest and future interest at

18.45% P.a with monthly rests and additional

interest at 2%

02.08.201 Appellant bank filed an OA for recovery of Rs.

7 14,82,19,685/-

27.07.202 Impugned order was pronounced by the Hon’ble DRT

2 Jaipur in OA no. 110/2018

 Hence this appeal.

APPELLANT

THROUGH

SRI & ASSOCIATES

Advocates & Consultants

Counsel for the Applicant

B-1/6, LGF, Hauz Khas,

New Delhi-110016

Date: Mob: 9871643443

Place: New Delhi Email: pbasrinivasan@yahoo.co.in

 BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

MEMORANDUM OF APPEAL UDER SECTION 20 OF THE

RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL

INSTITUTIONS ACT 1993

DETAILS OF THE APPEAL

1. PARTICULARS OF THE APPELLANT

NAME AND ADDRESS OF THE 1. CANARA BANK

APPELLANT Branch office –Malviya

Nagar, Jaipur, Rajasthan

2. Particulars of the Respondents

NAME AND ADDRESS OF THE 1. YADAV

RESPONDENTS CONSTRUCTION AND

TRADING COMPANY

Through Proprietor Ram

Gopal Yadav, Bus Stand,

Dongari Khud, Via Renwal,

Tehsil- Phulera, Jaipur

(Rajasthan)

2. SHRI RAM GOPAL

YADAV

Proprietor of M/s Yadav

Construction And

Trading Company. Bus

Stand, Dongari Khud,

Via Renwal, Tehsil-

 Phulera, Jaipur

(Rajasthan)

3. JURISDICTION OF THE TRIBUNAL: The appellant declares

that the subject matter of the appeal falls within the

jurisdiction of the Appellate Tribunal. Appeals assailing orders

/Final Orders passed by the DRT Jaipur, are required to be

assailed before this Hon’ble Appellant Tribunal.

4. LIMITATION: The appellant Declares that the instant appeal

has arisen out of impugned order dated 27.07.2022 and that

an application to condone the delay is being attached herewith

with this instant appeal.

5. FACTS OF THE CASE :-

5.1 That the present Appeal has been filed by the Appellant

challenging the order dated 27.07.2022 passed by the

Hon’ble DRT Jaipur in OA no. 110/2018. The copy of the

 order dated 27.07.2022 is annexed herein and marked as

Annexure-A/1.

5.2 The Appellant Bank humbly Submits that the Appellant

Bank is a public Ltd Banking Company incorporated

under the Banking Companies Act, having its head office

at 16/355A Manipal, Udupi District, Karnataka and a

Branch, amongst other places, at B/o Malviya Nagar

Jaipur (Rajasthan). Shri Gurdev Singh S/o Shri Tehal

Singh is the assistant General manager of the Appellant

Bank. He is well conversant with the facts of the case and

is duly authorised and competent to sign, verify,

institute, file and to submit the appeal and to do the need

full for and on behalf of the Appellant Bank. Copy of

letter of authority dated 30.05.2017 is annexed herewith

and duly marked as Annexure A/2

5.3 The Respondent No. 1 is a proprietorship firm having it’s

office at Bus Stand, Doongari Khud, Via Renwal, Tehsil-

Phulera, Jaipur (Rajasthan). Respondent No.1 through

it’s proprietor Respondent no. 2 approached the

Appellant Bank and availed Financial Facilities from

 Appellant Bank and Respondent No. 2 being proprietor of

Respondent No. 1 executed loan and security document

in favour of Appellant Bank.

5.4 That Respondent No. 2 was in need of financial

assistance for expansion of the business of Respondent

No.1 therefore, approached the Appellant Bank for bill

discounting facility and submitted application from time

to time for the same. Details of application for bill

discount facility submitted by Respondent No.2 being as

proprietor of Respondent no. 1 are as under:

S.No. Date of Bill of Invoice No./ Invoice

Exchange. Date Amount

1. 16.12.2015 463/07.12.201 Rs.

5 3,00,01,630/-

2. 17.12.2015 465/09.12.201 Rs.

5 2,98,92,422/-

3. 18.12.2015 473/09.12.201 Rs.

5 3,00,11,705/-
 Application for bill discounting along with bill exchange and

invoices are annexed herewith and duly marked as

Annexure A/3 (Colly.).

5.5 That the Appellant Bank after considering the request

and representation made by the Respondents and relying

upon the statements and representations made by

Respondents, Bank agreed to sanction bill discount

facility in the name of Respondents No. 1

5.6 That on 03.02.2016 Respondents visited the branch of

Appellant Bank to get sanctions for the said bill exchange

facility, for which the Respondents executed following

loan and security documents in favour of the Appellant

Bank and delivered the same to the Appellant Bank:

- Demand Promissory Note

- Composite Hypothecation Agreement

- Charge and Hypothecation of Debt Agreement

Copy of which is annexed herewith and duly marked as

Annexure A/4, Annexure A/5 and Annexure A/6

respectively.
5.7 That in lieu of sanction of aforesaid credit facility,

Respondent No. 2 being a proprietor of Respondent No. 1,

executed power of attorney for collection of bills, book

debts and other receivables for the collection of the bill

amount against the invoices as mentioned herein above.

Copy of aforesaid power of attorney is annexed herewith

and duly marked as Annexure A/7.

5.8 That office of the Janjati Vikas Vibhag (through it’s

Project Officer) issued letters to confirm the bill of

exchange and also agreed to make payment on due date.

Copies of aforesaid letters are annexed herewith and duly

marked as Annexure A/8 (Colly.).

5.9 That the Appellant Bank duly opened the loan account in

the name of Respondent No.1, in respect of aforesaid

facilities, the Appellant Bank’s books of accounts were

kept in the ordinary and regular course of business of the

Appellant bank and recorded the transactions regarding

advances made by the applicant bank for the above

mentioned loan/credit facility.

5.10 That Respondent No. 2 was again in need of money for

business of Respondent No. 1 and on 05.02.2016

Respondent No. 2, again approached the Appellant Bank

and applied for Cheque Discount facility with the

Cheques issued by Pariyojna Adhikari Janjati Vikas

Vibhag of Union Bank of India dated 04.02.2016. bearing

cheque no. 33088899and 3088902. Copy of the aforesaid

cheques dated 04.02.2016 are annexed here with and

duly marked as Annexure A/9 (Colly.).

5.11 That the Appellant Bank after considering the request

and representation made by the Respondent No. 2,

(proprietor of Respondent No. 1) and relying upon the

statements and representations made by Respondent No.

2, agreed to sanction Cheque discount facility in the

name of Respondent No. 1 and Respondent No. 2

executed letter of undertaking in favour of Appellant

Bank, whereby Respondent No. 2 authorised Appellant

Bank to debit account of Respondent No. 1 with interest

in case of default/non payment. Copy of aforesaid letter

 dated 05.02.2016 is annexed herewith and duly marked

as Annexure A/10.

5.12 That the total outstanding amounts due from and

payable by the Respondents in the above said credit

facilities are as under:-

BILL DISCOUNTING Rs 11,59,35,198/-

Amount outstanding (Rupees Eleven Crore Fifty

calculating interest up Nine Lacs Thirty Five

to 30.06.2017 Thousand One Hundred and

Ninety Eight Only)

CHEQUE Rs 3,22,84,487/- (Rupees

DISCOUNTING Three Crore Twenty Two Lacs

Amount outstanding Eighty Four Thousand Four

calculating interest up Hundred Eighty Seven Only)

to 30.06.2017

5.13 That Respondent No. 1 failed to maintain the account, in

a regular manner and failed to pay interest payable on

 outstanding amount in the above said account, the

Appellant Bank from time to time called upon the

Respondent No. 1 to regularise the account and to repay

the outstanding dues to the appellant bank , but

Respondents failed and neglected to pay the outstanding

amount to Appellant Bank. As per the guidelines issued

by the Reserve Bank of India, the Appellant Bank

declared the account of the Respondent No. 1 as Non

Performing Asset on 31.03.2016.

5.14 That the Appellant Bank had lodged FIR with CBI, in New

Delhi against the persons for their fraudulent act against

the Appellant Bank and during the investigation in

aforesaid FIR, investigating officer of CBI vide its letter

dated 07.04.2017 instructed the Appellant Bank to

submit all the original papers of concerned loan accounts

and also instructed Appellant Bank to submit original

loan documents to CBI, hence photocopies (true copies)

of relevant loan documents are being filed with this

Appeal and original documents maybe called from CBI,

 as and when needed. Copy of letter dated 07.04.2017 is

annexed herewith and duly marked as Annexure A/11.

5.15 That the Appellant Bank duly opened the loan account in

the name of Respondent No. 1 and recorded the

transactions of the loan account. Statement of Loan

Account for above loan facility, is annexed herewith and

duly marked as Annexure A/12. After the Account of

Respondent No. 1 was declared as NPA on 31.03.2016

the Appellant Bank did not maintain a separate mirror

account and maintained only a common account for both

the pre NPA and post NPA in accordance with Reserve

Bank Of India. Such main account and the mirror

account have been consolidated by the Appellant Bank.

5.16 That the total outstanding amount due and payable in

the above said accounts are Rs 11,59,35,198 ( Rupees

Eleven Crore Fifty Nine Lakhs Thirty Five Thousand One

Hundred and Ninety Eight Only only) against Bill

discounting facility and Rs 3,22,84,487/- (Rupees Three

Crore Twenty Two Lakhs Eighty Four Thousand Four

Hundred Eighty Seven Only) against Cheque Discounting

 facility, thus total Rs 14,82,19,685/- (Rupees Fourteen

Crore eighty Two Lakhs Nineteen Thousand Six Eighty

Five) are due and recoverable from the Respondents

calculating interest up to 30.06.2017 in both accounts,

thus the bank is entitled to pendent – lite and future

interest at the rate of 18.45% P.a with monthly rests and

additional interest at 2% from 01.07.2017 till the date of

payment realization.

5.17 That the Appellant Bank has charged interest from time

to time as per contract and prevailing rate of interest for

such type of the accounts. The details of rate of interest

charged in the loan accounts of the Respondent No. 1

have been indicated in the index of the interest charged

annexed herewith and duly marked as Annexure A/13

respectively. Charging of interest at the rate mentioned in

the index and capitalizing of the interest at monthly

rests, in the loan account is in accordance with terms of

the contract. The rate of interest charged by the

Appellant Bank is permitted by the Reserve Bank of India

and the same is in accordance with Reserve Bank of

 India. The Appellant Bank also certifies that transactions

indicated in the statement of account have taken place

and the accounts are being maintained by the Appellant

Bank in accordance with RBI.

5.18 That the cause of action, inter-alia, arose first on the day

when, the request was made by the Respondents, the

Appellant Bank sanctioned and allowed the credit

facilities and the Respondents enjoyed the same from

time to time. The cause of action, inter-alia also arose on

different dates when the Respondents executed loaning

and security documents in favour of the Appellant Bank

and further arose when Jayanti Vikas Vibhag

Acknowledged the letter of Bank and the cause of action

also arose when the Appellant bank disbursed amounts

to the Respondents and when the Appellant Bank

demanded it’s dues from Respondents.

5.19 That the loan facility to the Respondents was allowed in

Jaipur, The advances were made in Jaipur, The

Appellant Bank’s dues are payable by the Respondents in

Jaipur, the loaning documents were also executed by the

 Respondents in Jaipur. Impugned order dated

27.07.2022 passed by DRT failed to consider the material

evidences on record, before passing the impugned order

in OA no. 110 of 2018.thus the cause of action has

accrued and arisen within the jurisdiction of this Hon’ble

Tribunal and this Hon’ble Tribunal has jurisdiction to

entertain and try this appeal.

5.20 That the amount of claim under the present Appeal has

been availed and utilized by the Respondents and the

loan facility amount was disbursed on 31.12.2015, so no

part of the appellant Banks Claim in the appeal is barred

by the law of limitation and the application is being filed

within the period of limitation as per the provisions of law

5.21 That the repayment of the aforesaid outstanding amount

is duly secured by loaning and security documents

executed by Respondents in favour of Appellant Bank, as

mentioned in earlier paras of this appeal, the appellant

has become entitled to enforce and realise the

outstanding amount.
5.22 That in spite of repeated requests and demands made by

the Appellant Bank, the Respondents failed to repay the

appellant bank’s dues. The appellant Bank issued the

recall notices, legal notice and demand notice to

Respondents and they were called upon to repay the

appellant’s dues with upto date interest. Yet the

respondents failed and did not pay any heed to the

reminders

5.23 That OA (original application) No. 110 of 2018 was filed

by the appellant in DRT Jaipur dated 02.08.2017, with a

prayer to direct the Respondents to pay the appellant

bank a sum of Rs 11,59,35,198 ( Rupees Eleven Crore

Fifty Nine Lac Thirty Five Thousand One Hundred and

Ninety Eight Only only) against Bill discounting facility

and Rs 3,22,84,487/- (Rupees Three Crore Twenty Two

Lakhs Eighty Four Thousand Four Hundred Eighty Seven

Only) against Cheque Discounting facility, thus total Rs

14,82,19,685/- (Rupees Fourteen Crore eighty Two Lac

Nineteen Thousand Six Eighty Five) with further cost,

expenses, charges and interest (pendent lite) at 18.45%

 p.a compounded at monthly rests along with additional

interest at 2% from 01.07.2017 till realisation of

payment.

5.24 That the Hon’ble DRT Jaipur vide order dated 05.04.2022

took on record the documents filed by the Appellant bank

vide diary no.2529 along with affidavit in support of

documents vide diary no.2519 duly attested by the

Authorised Representative of the Appellant bank. The

copy of the order dated 05.04.2022 and copy of affidavit

in support of documents are annexed herein and marked

as Annexure-A/14.

6 QUESTION OF LAW:

a. Whether the Hon’ble DRT Jaipur was right in observing that

no debt was due from the Respondents were proceeded Ex-

parte by the Hon’ble DRT Jaipur?

b. Whether the Hon’ble DRT Jaipur was right in putting the

burden on the bank officials merely on the basis of the FIR

which is still pending adjudication?

c. Whether the Hon’ble DRT was right in not observing the

certified documents as available with the Central Bureau of

Investigation filed by the Appellant bank on 05.04.2022?

d. Whether the Hon’ble DRT Jaipur was right in neglecting the

fact that the documents seized by the Central Bureau of

Investigation were duly signed by the Respondents?

e. Whether the Hon’ble DRT Jaipur has failed to consider the

fact that the Syndicate Bank was amalgamated with Canara

Bank and the duly signed Authority Letter has been filed

along with the Original Application as Annexure-A1?

f. Whether the Hon’ble DRT was right on ignoring the

documents which were brought on record that the Appellant

bank had file the self-attested certified copies of the

documents seized by the Central Bureau of Investigation?

g. Whether the Hon’ble DRT Jaipur has put false allegations on

the Applicant that they have filed a blank agreement or a

blank Demand Promissory note even though not signed

cannot be used for the purpose of recovery as it is not legally

created and executed documents in the eye of law?

 h. Whether the Hon’ble DRT Jaipur was right in dismissing the

OA even though the Appellant Bank has filed all the

necessary documents such as sanction letters, guarantee

agreements, statement of accounts and certificate under

Banker’s Book of Evidence Act, 1891 as mentioned under

Section 19 of the Recovery of Debts due to Banks and

Financial Institutions Act 1993?

7 GROUNDS OF APPEAL:

Aggrieved by the order dated 27.07.2022, the Appellant herein

is preferring an Appeal for the reasons as narrated in the

preceding paragraphs and also on the following grounds

amongst others set forth without prejudice to each other:

a. For that the order dated 27.07.2022 passed by the Hon’ble

DRT Jaipur is perverse, arbitrary and has been passed

without adjudication of mind.

b. For that the Hon’ble DRT Jaipur failed to consider the letter

of authority dated 30.05.2017 in favour of Mr. Gurdev

Singh empowering him to sign, verify and file pleadings and

documents as may be just and necessary for the proper

prosecution and in the interest of justice and the Appellant

 is a public sector bank, therefore having letter of authority

issued in favour of the officers.

c. For that the Hon’ble DRT Jaipur failed to consider the facts

and circumstances of the case and transferred the burden

on bank officials merely on the basis of the FIR.

d. For that the Hon’ble DRT Jaipur failed to consider that debt

was due from the Respondents were proceeded Ex-parte by

the Hon’ble DRT Jaipur.

e. For that the Hon’ble DRT Jaipur failed to consider the

certified documents as available with the Central Bureau of

Investigation filed by the Appellant bank on 05.04.2022.

f. For that the Hon’ble DRT Jaipur failed to consider that the

documents seized by the Central Bureau of Investigation

were duly signed by the Respondents.

g. For that the Hon’ble DRT Jaipur failed to consider the fact

that the duly signed letter of authority has been filed along

with the Original Application as Annexure-A1.

h. For that the Hon’ble DRT Jaipur failed to consider the fact

that Hon’ble DRT Jaipur has put false allegations on the

Applicant that they have filed a blank agreement or a blank

 Demand Promissory note even though not signed cannot be

used for the purpose of recovery as it is not legally created

and executed documents in the eye of law

i. For that the Hon’ble DRT Jaipur was not right in dismissing

the OA by putting false allegations on the Applicant that

they have filed a blank agreement or a blank Demand

Promissory note even though not signed cannot be used for

the purpose of recovery as it is not legally created and

executed documents in the eye of law.

j. For that the Hon’ble DRT Jaipur failed to consider the OA

even though the Appellant Bank has filed all the necessary

documents sanction letter, guarantee agreement, statement

of accounts and certificate under Banker’s Book of Evidence

Act 1891 as mentioned under Section 19 of the Recovery of

Debts due to Banks and Financial Institutions Act 1993.

8 RELIEF (S) SOUGHT:

In view of the facts mentioned in above, the Appellant prays

for the following relief(s): -

a. To set aside/quash the order dated 27.07.2022 passed by

the Hon’ble DRT Jaipur in OA 110/2018.

 b. To allow the Appellant to recover its dues from the

Respondents.

c. Pass any further order(s) as this Hon’ble Tribunal may deem

fit in the interest of justice, equity and good conscience.

9 INTERIM RELIEF:

For the purposes of grant of interim reliefs, the Appellant

craves leave of this Hon’ble Appellate Tribunal to refer and rely

upon the averments set forth in the preceding paragraphs of

the present appeal and the same are not being repeated herein

for the sake of brevity. It is abundantly clear that the

Appellant has indeed made out a prima facie case warranting

interference by this Hon’ble Appellate Tribunal. Pending final

decision on the appeal, the Appellant seeks issue of the

following interim relief: -

a. To set aside/quash the order dated 27.07.2022 passed by

the Hon’ble DRT Jaipur and if the order is not quashed, the

Appellant would suffer irreparable loss and injury.

The balance of convenience and equity tilt entirely in favour of

the Appellant. Grave and irreparable injury and loss would be

 caused to the Appellant if the interim relief as sought is not

granted.

PRAYER

In view of the above-mentioned facts and circumstances, it is most

respectfully prayed:

a. To quash/set aside the order dated 27.07.2022 passed by the

Hon’ble DRT Jaipur; and/or

b. To allow the Appellant to recover its dues from the

Respondents; and/or

c. Pass any further order(s) as this Hon’ble Tribunal may deem

fit in the interest of justice, equity and good conscience.

10 MATTER NOT PENDING BEFORE ANY OTHER COURT:

The Appellant further declares that the matter is not pending

before any other court or tribunal.

11 PARTICULARS OF BANK DRAFT/POSTAL ORDER IN

RESPECT OF THE DEPOSIT OF DEBTS DUE IN TERMS OF

 SECTION 21 OF THE ACT APPLICABLE OR UNDER ANY

OTHER PROVISIONS OF THE ACT:

__________________________________________

12 PARTICULARS OF BANK DRAFT, POSTAL ORDER IN

RESPECT OF THE FEE PAID IN THE TERMS OF RULE 8 OF

THESE RULES:

______________________________________

13 DETAILS OF INDEX:

An index in duplicate containing the details of the documents to

be relied upon is enclosed.

14 LIST OF ENCLOSURES:

As per index

APPELLANT

Through

SRI & ASSOCIATES

Advocates & Consultants

 B-1/6, LGF, Hauz Khas

New Delhi-110016

Mob: 9871643443

Email: pbasrinivasan@yahoo.co.in

Place:

Date:

BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK APPELLANT/

BANK

VERSUS
M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

AFFIDAVIT ON BEHALF OF THE APPELLANT

I, …………….. S/o …………………. aged …. years working as

……………….. office at Canara Bank, ……………………. do hereby

solemnly affirm and declare as under:

1. That I am the Appellant in the above noted matter and as

such being well aware of the facts and circumstances of the

case, I am competent enough to sign and execute the

present affidavit.

2. That the present appeal is filed against the

order/Judgement dated 27.07.2022 dismissing the

Original Application No.110 of 2018 and rejecting the claim

of the Appellant to recover its dues from the Respondents.

3. The contents of accompanying appeal have been drafted by

my counsel under my instructions and the contents thereof

are true and correct to my knowledge as duly verified at the

footing of the Appeal.

 DEPONENT

VERIFICATION

Verified at …..on….. day of ……., 2022 that the contents of the

affidavit are true to the best of my knowledge and nothing has been

concealed therefrom.

DEPONENT

BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT

1963 ON BHEALF OF THE APPELLANT FOR CONDONATION OF

DELAY OF….. DAYS IN FILING THE APPEAL ALONG WITH

AFFIDAVIT

MOST RESPECTFULLY SHOWETH:

1. That it is submitted that the above-mentioned appeal has been

filed by the Appellant/Applicant to set aside the order dated

27.07.2022 passed by the Hon’ble DRT Jaipur in OA No.110 of

2018. The contents of the appeal may be read as part and

parcel of this application and the same are not being repeated

herein for the sake of brevity.

2. That the delay in filing of the Appeal was caused due to the

complexities in receipt of certified copies of the orders during

the Covid-19 pandemic and the documents were to be received

from Rajasthan.

3. In the light of facts and circumstances stated hereinabove, it is

respectfully prayed from this Hon’ble Tribunal that the delay

 of …..days in filing the appeal be condoned and the petition be

considered on merits.

4. That the present application is being filed bone-fide in the

interest of justice.

5. That no prejudice will be caused to any of the party of the

present appeal if the present appeal is allowed by this Hon’ble

Tribunal.

PRAYER

In the lights of the facts and circumstances stated hereinabove and

based on the grounds stated above the Applicant/Appellant above

named most humbly pray that this Hon’ble Tribunal may kindly be

pleased to:

a. Condone the delay of …..days in filing of the appeal; and/or

b. Pass any further order(s) as this Hon’ble Tribunal may deem

fit in the interest of justice, equity and good conscience.

AND FOR THIS ACT OF KINDNESS THE APPLICANT/APPELLANT

AS IN DUTY BOUND SHALL EVER PRAY

 APPELLANT/APPLICANT

Through

SRI & ASSOCIATES

Advocates & Consultants

B-1/6, LGF, Hauz Khas

New Delhi-110016

Mob: 9871643443

Email: pbasrinivasan@yahoo.co.in

Place:

BEFORE DEBT RECOVERY APPELLATE TRIBUNAL,

NEW DELHI

APPEAL NO.___OF 2022

ARISING OUT OF OA NO. 110 OF 2018

IN THE MATTER OF

CANARA BANK …APPELLANT

VERSUS

M/S YADAV CONSTRUCTION AND TRADING CO.

AND ORS. ....RESPONDENTS

AFFIDAVIT ON BEHALF OF THE APPELLANT/APPLICANT

I, ……………….S/o ………………., aged ….. years working as

………….. office at Canara Bank, ……………………,do hereby

solemnly affirm and declare as under:

1. That I am the Appellant/Applicant in the above noted

matter and as such being well aware of the facts and

circumstances of the case, I am competent enough to sign

and execute the present affidavit.

2. That the present appeal is filed against the order dated

27.07.2022 dismissing the Original Application No.110 of

2018 and rejecting the claim of the Appellant to recover its

dues from the Respondents.

3. The contents of accompanying appeal have been drafted by

my counsel under my instructions and the contents thereof

are true and correct to my knowledge as duly verified at the

footing of the Appeal.

DEPONENT
VERIFICATION

Verified at ….. on …..day……….. 2022 that the contents of the

affidavit are true to the best of my knowledge and nothing has been

concealed therefrom.

DEPONENT