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Andhra bank (now Union Bank) filed OA.No:1/2012 against the Vantage Resorts and Clubs Private Limited for recovery of their dues in DRT I, Chennai.
A final order has been passed on 31/8/2017. In the final order the Hon'ble Debts Recovery Tribunal observed for a Recovery Certificate against the Borrower for a sum of Rs. 4, 85, 54, 271.30p with interest @ BPLR +1% from 27.11.2012 till date of realization, Pursuant to the final order dated 31.08.2017, a recovery certificate was issued on 20.01.2019. wherein the amount payable was mentioned as Rs.3.63.64, 311.30/-.
The Bank vide their SARFAESI notice dt.22.10.2018 demanded a sum of Rs.3, 66, 24, 505.85 and the Authorised Officer of the Bank sent detailed statement of account dated 5.11.2018 indicating a sum of Rs.3, 66, 24, 505.85 payable pursuant to the orders on 31.8.2017 in OA-No.1/2012. The Statement of the Authorised Officer and the Chief Manager of the Applicant Bank is the legally valid and an authentic statement. A perusal of the statement shows against row on Interest paid to Purchaser on Bid Amount dated 20.4.2018 the column is rightly indicted as Nil as the Chief Manager and the Authorised Officer of the Bank clearly aware that the same is not claimable it is an issue between the Bank and the unsuccessful buyer and Court set aside unauthorized sale and by that time the issue already reached its entirety and no amount claimable from us.However, in the final order dated 31.08.2017, the date of due of Rs.4, 85, 54, , 271.30 was mentioned as 27/11/2012 instead of 1/1/2011, an application in MA.No:14/2019 was filed to amend the Recovery Certificate issued on 20.01.2019. The Respondent also filed counter conceding the discrepancy and the DRT was pleased to allow the application vide order dated 22/10/2019. In pursuance of the said order amended Recovery Certificate was issued on 22.10.2019 which is as follows:
"It is ordered that the applicant bank is entitled for a Recovery Certificate to recover a sum of Rs.4, 85, 54, 271.30 (Rupees Four Crores Eighty Five Lakhs Fifty Four Thousand Two Hundred Seventy One and Paise Thirty Only with interest BPLR +1% from 1.1.2011.
"The amount paid by the defendants pursuant to the order in SA No 156 of 2012 dated 01.01.2011 and the other payments, if any, made by the defendants shall be given due credit and the balance amount only shall be claimed."
Without considering Para 2 of the Amended recovery certificate, the Recovery Officer DRT I, by over sight issued a demand notice dated 29.10.2019 claiming a sum of Rs 4, 85, 54, 271.30/- again without going into the position that in view of the same discrepancy both the parties approached DRT. It is pertinent to note that the said demand notice on the face of it is false and erroneous as the Recovery Certificate dated 20.01.2019 issued prior to the order of amendment was for Rs.3, 63, 64, 311.30. After the order of the Hon'ble Tribunal dated 27.09.2019 the amount should further gets reduced. Hence immediately on receipt of apparently wrong Demand notice which is in variance with the orders and also the Recovery Certificate issued by the Principal Officer, DRT I, on 13.12.2019 the borrower filed an Affidavit in SR No 12958 raising objections to the demand notice issued by the Recovery Officer. I submit that no orders have been passed by the Recovery Officer in the said affidavit and the same is still pending with the Recovery Officer I, DRT, Chennai. Reasons for the Recovery officer DRT-I Chennai for not correcting the apparent mistake in his recovery certificate in spite of the petition and personal pleadings is not known. This is the root cause of the delay in finalizing the issue and the bank started making illegal claims after 3 years of the issuance of proper Orders of the Hon'ble P.O. DRT I, Chennai and the Recovery officer not getting into the details.
I submit that the Recovery Officer, DRT I without amending the apparently wrong demand notice directed the bank to file a statement of account after giving due credit to the payments made by the Petitioners as stated in the final order dated 31.08.2017 and amended Recovery Certificate dated 22.10.2019. For more than 3 years the Responded Bank did not file any statement of account. In the meantime, on 01.04.2020 Andhra Bank got merged with Union Bank of India.
I submit that the Respondent bank finally after a lapse of more than 3 years filed a Statement of Accounts along with the memo dated 19/5/2022. Claims made by the bank not only false, time lapsed and not claimed in the Authorised officers statement dt.5.11.2018. In the statement of account dt.19.5.2022, the Bank claimed a sum of Rs 2, 35, 47, 906.30 which was totally contrary to the order passed by the Hon'ble Debts Recovery Tribunal. In the Statement of Accounts, the Respondent not only failed to give due credit to the payments made but also claimed amounts which they are not entitled to by adding to the principal amount after settlement of principal amount and also interest for the wrongly added amount for more than 1800 days. Hence the Borrower filed objections to the statement of accounts filed by the Bank and stated that as per the final orders and the amended Recovery Certificate and the High Court orders, the Petitioners are liable to pay only Rs 57, 89, 769/- and once again furnished the detailed statement in their affidavit. The said objections may be read as part and parcel of this affidavit. Also the illegal claims by the bank vide their memo dt. 19/5/2022 is not based on any orders of the DRT COURTS or any other authorities and apparently beyond the limits of Limitation Act as the amounts are claimed after more than 3 years of their original demand notice on 5.11.2018 by the Authorized officer and the Chief Manager who is the competent authority of the bank. This is an irresponsible claim by the bank causing delay and huge loss to the borrower in getting back their documents.
I submit that the Borrower also filed an application seeking direction to the bank to file a statement of account as per the amended Recovery Certificate dated 22.10.2019. The bank has not filed any counter to the said application in this regard.
In spite of the full payment of the entire due amount as per the amended orders of the DRT issued on 22.10.2019, due to non-issuance of the clearance certificate by the bank, the outstanding in the DRT website is shown as Rs.4, 85, 54, 271.30 which affects the credit worthiness of the group in their CIBIL rating. This is affecting the further business of the Petitioner as the documents are still held by the Bank. The Recovery Officer DRT-1 wrongful and irresponsible issuance of demand notice which was not corrected by him in spite of our Petition to him on 13/12/2019 which was not disposed off, even to this date is the cause of our ills. The Recover Officer DRT-1 is so irresponsible that he just demanded an amount which was due on 1-1-2011 and did not consider Rs.5, 40, 00, 000/- paid by the borrower which Bank acknowledges.
The borrower had submitted the statement of account for Rs.57, 89, 769/- clearing the entire dues of the Bank and it is surprising why Bank is not coming forward to release the documents and issuing no due certificate.
1 further submit that as per the Judgment of Hon'ble Supreme Court Limitation Act is applicable to the DRT proceedings and the Banks cannot claim any amount beyond the limitation period from the conclusion of the DRAT case.
Request RBI to go through and as the borrower paid the entire dues and Banker is not responding and DRT also not correcting its recovery certificate since 2019.
For VANTAGE RESORTS AN CLUBS PRIVATE LIMITED
SIVALINGA PRASAD
AUTHORISED SIGNATORY
Mail id : [protected]@pioneergroups.co.in
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