Allowed

Punjab National Bank v. Smt Koyali Devi

DRT10 Feb 2023OA/281/2022

Case brief

AI extract

What is this about?

The DRT allowed the original application filed by Punjab National Bank for recovery of dues of Rs. 22,91,790.99 plus interest from the defendants who failed to honor a financial facility. The court declared the defendants jointly liable and granted recovery rights over specific agricultural land and assets, directing the issuance of a recovery certificate.

What did the court decide?

Debt amount of Rs. 22,91,790.99 with interest @ 10.50% p.a., costs of the application, and issuance of recovery certificate.

Punjab National Bank versus Smt Koyali Devi — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 281 of 2022

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 281 OF 2022

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DATE OF DELIVERY OF ORDER 10.02.2023

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PUNJAB NATIONAL BANK

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Branch Office – Bawari Distt. Sikar (Raj.) and Recovery Office at Circle Sastra, Jaipur-Sikar, Plot No. 2, Nehru Palace, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. SMT. KOYALI DEVI

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W/o Sh. Tiku Ram Sanjay Kumar Sharma R/o Village – Shahpura, Tehsil- Khandela Distt- Sikar - 332411

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2. SH. SAITAN SINGH

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S/o Sh. Tiku Ram

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R/o Village – Shahpura,

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Tehsil – Khandela, Distt – Sikar - 332411

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……Defendants…..

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Counsel for the Applicant Bank Shri Dhruva Rathore Defendants Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 10.02.2022 for recovery of an amount of Rs 22,91,790.99 with pendentlite and future interest and cost.

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As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendants. Defendants failed to maintain financial

OA No. 281 of 2022

discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Defendants were proceeded ex parte on 04.08.2022.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/16 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 281 of 2022 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 22,91,790/(Rupees Twenty Two Lac Ninety One Thousand Seven Hundred Ninety only) with future interest @ 10.50% p.a. (Simple) from 10.02.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by hypothecated goods/assets and mortgaged property – Agriculture Land in Khata No. 214, New Khasra No. 554, 580, 581, 584, 588, 592 measuring 9.37 Hectare of which 1/8 share belongs to Smt. Koyali Devi, Khata No. 230 New Khasra No. 562, 563, 564, 565 measuring 4.68 Hectare of which ¼ share belongs to Smt. Koyali Devi, Khasra No. 582 and 583 measuring 0.93 Hectare of which ½ share belongs to Smt. Koyali Devi and Khasra No. 585 measuring 1.17 Hectare of which ½ share belongs to Smt. Koyali Devi situated at Village Shahpura, Tehsil – Khandela, Distt-Sikar more specifically mentioned in Declaration under Section 6(1) of Rajasthan Agricultural Credit

OA No. 281 of 2022

Operations (Removal of Difficulties) Act, 1974 as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.05.2023 .

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Prepare Recovery Certificate accordingly.

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A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 10.02.2023 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 281 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 281 OF 2022

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DATE OF DELIVERY OF ORDER 10.02.2023

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

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PUNJAB NATIONAL BANK

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Branch Office – Bawari Distt. Sikar (Raj.) and Recovery Office at Circle Sastra, Jaipur-Sikar, Plot No. 2, Nehru Palace, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. SMT. KOYALI DEVI

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W/o Sh. Tiku Ram Sanjay Kumar Sharma

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R/o Village – Shahpura, Tehsil- Khandela

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Distt- Sikar - 332411

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2. SH. SAITAN SINGH

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S/o Sh. Tiku Ram

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R/o Village – Shahpura, Tehsil – Khandela, Distt – Sikar - 332411

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……Defendants…..

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Recovery Certificate for Rs. 22,91,790/-

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In terms of final order dated 10.02.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 22,91,790/(Rupees Twenty Two Lac Ninety One Thousand Seven Hundred Ninety only) with future interest @ 10.50% p.a. (Simple) from 10.02.2022 till the date of realization.

OA No. 281 of 2022

b) The applicant bank is entitled to recover the above amount by hypothecated goods/assets and mortgaged property – Agriculture Land in Khata No. 214, New Khasra No. 554, 580, 581, 584, 588, 592 measuring 9.37 Hectare of which 1/8 share belongs to Smt. Koyali Devi, Khata No. 230 New Khasra No. 562, 563, 564, 565 measuring 4.68 Hectare of which ¼ share belongs to Smt. Koyali Devi, Khasra No. 582 and 583 measuring 0.93 Hectare of which ½ share belongs to Smt. Koyali Devi and Khasra No. 585 measuring 1.17 Hectare of which ½ share belongs to Smt. Koyali Devi situated at Village Shahpura, Tehsil – Khandela, Distt-Sikar more specifically mentioned in Declaration under Section 6(1) of Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.05.2023 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 10.02.2023 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 281 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 281 OF 2022

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DATE OF DELIVERY OF ORDER 10.02.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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PUNJAB NATIONAL BANK

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Branch Office – Bawari Distt. Sikar (Raj.) and Recovery Office at Circle Sastra, Jaipur-Sikar, Plot No. 2, Nehru Palace, Jaipur

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…..Applicant Bank…..

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VERSUS

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1. SMT. KOYALI DEVI

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W/o Sh. Tiku Ram Sanjay Kumar Sharma R/o Village – Shahpura, Tehsil- Khandela

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Distt- Sikar - 332411

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2. SH. SAITAN SINGH

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S/o Sh. Tiku Ram

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R/o Village – Shahpura,

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Tehsil – Khandela, Distt – Sikar - 332411

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	25,000.00
2	Process Fee (Inc. Publication)	104.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	26,354.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 281 of 2022

10.02.2023

Counsel:

Sh. DHRUVA RATHORE, Counsel for the Applicant Bank Defendants are exparte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepisd accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 281 of 2022

10.02.2023

Counsel:

Sh. DHRUV RATHORE, Counsel for the Applicant Bank Defendants are exparte

¶112

The Tribunal vide order dated 10.02.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 10.02.2023 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepisd accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 281 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 281 of 2022

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The Recovery Certificate prepisd in compliance of order dated 10.02.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 281 of 2022 Title Punjab National Bank Vs Smt. Koyali Devi & Anr. has been checked and may be verified.

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Section Officer

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Assistant Registrar

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On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon’ble Presiding Officer please.

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Assistant Registrar

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Hon’ble Presiding Officer

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Punjab National Bank v. Smt Koyali Devi

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Smt Koyali Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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