Allowed

Rajasthan Marudhara Gramin Bank v. Nathu Lal Saini

DRT26 Oct 2023OA/288/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the bank's original application for recovery of Rs. 25,07,917/- with interest under an agricultural loan, holding the borrowers jointly and severally liable and declaring agricultural land and properties as security for enforcement.

What did the court decide?

Recovery of Rs. 25,07,917/- with interest; declaration of liability to recover from hypothecated crops, livestock, equitable mortgage of agricultural land, and personal movable/immovable properties. I

Rajasthan Marudhara Gramin Bank versus Nathu Lal Saini — Specific Performance | DRT (2023)

¶1

OA No. 288of2023

¶2

"ORIGINALAPPLICATION" No: 288 OF 2023

¶3

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

¶4

O.A. NO. 288 OF 2023

¶5

DATE OF DELIVERY OF ORDER 26.10.2023

¶6

RAJASTHAN MARUDHARA GRAMIN BANK

¶7

Branch Office – Amarsar, District Jaipur, Rajasthanand Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan.

¶8

……...Applicant Bank

¶9

VERSUS

¶10

1. MR. NATHU LAL SAINI

¶11

S/o Sh. Mangya

¶12

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶13

2. MR. SUWA LAL SAINI

¶14

S/o Sh. Sunder Lal Saini

¶15

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶16

……….RESPONDENTS /DEFENDANTS

¶17

Counsel for the Applicant Bank: D P Sharma Defendants are Ex-Parte

¶18

JUDGMENT

¶19

1. The Applicant Bank filed this O.A. on 30.01.2023, against the Defendants for the recovery of a sum of Rs. 25,07,917/with pendentelite & future interest till payment or realization.

¶20

2. As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, agricultural loan facilities were sanctioned by the Applicant

OA No. 288of 2023

Bank in favour of Defendants. Defendants failed to maintain financial discipline and therefore, their loan accounts were classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

¶25

3. Defendants were proceeded ex-parte on 19.06.2023.

¶26

4. As stated supra, the applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/15 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 and severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶27

5. In the result, this O.A. No. 288of 2023 is allowed declaring that: -

¶28

a) The defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 25,07,917/- (Rupees Twenty Five Lakh Seven Thousand Nine Hundred Seventeen only) with future interest @ 10.00% p.a. (Simple) from 30.1.2023 till the date of realization.

¶29

b) The applicant bank is entitled to recover the above amount hypothecated entire crop, livestock, stock and equitable mortgage of Agricultural Land of the borrowers as declared in Section 6(1) of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act,1974 admeasuring 2.77 hectares bearing khasras nos. 107 to 135, 137, 143 to

OA No. 288of 2023

145,149 and 150 (1/6 share of total 16.62 hectare), situated at Village Patel Nagar, Patwar Halka Amarsar, Tehsil Shahpura, District Jaipur, Rajasthan as well as from the personal movable and immovable properties/assets of Defendants, jointly and severally.

¶34

c) The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶35

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

¶36

6. The Recovery Certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶37

7. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.12.2023.

¶38

8. Prepare Recovery Certificate accordingly.

¶39

9. 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.

¶40

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

¶41

Order pronounced in the open court today i.e.,26.10.2023.

¶42

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

OA No. 288of 2023

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

¶47

O.A. NO. 288 OF 2023

¶48

DATE OF DELIVERY OF ORDER 26.10.2023

¶49

RECOVERY CERTIFICATE

¶50

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

¶51

RAJASTHAN MARUDHARA GRAMIN BANK

¶52

Branch Office – Amarsar, District Jaipur, Rajasthanand Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan.

¶53

……...Applicant Bank

¶54

VERSUS

¶55

1. MR. NATHU LAL SAINI

¶56

S/o Sh. Mangya

¶57

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶58

2. MR. SUWA LAL SAINI

¶59

S/o Sh. Sunder Lal Saini

¶60

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶61

……….RESPONDENTS /DEFENDANTS

¶62

Counsel for the Applicant Bank: D P Sharma Defendants are Ex-Parte

¶63

Recovery Certificate for Rs. 25,07,917/-

¶64

In terms of final order dated 26.10.2023 passed by this Tribunal in

¶65

the above-mentioned case, it is ordered that the-

¶66

a) The defendants are jointly and severally liable to pay to

¶67

the applicant bank a sum of Rs. 25,07,917/- (Rupees Twenty Five Lakh Seven Thousand Nine Hundred Seventeen only) with future interest @ 10.00% p.a.

OA No. 288of 2023

(Simple) from 30.01.2023 till the date of realization.

¶72

b) The applicant bank is entitled to recover the above amount hypothecated entire crop, livestock, stock and equitable mortgage of Agricultural Land of the borrowers as declared in Section 6(1) of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act,1974 admeasuring 2.77 hectares bearing khasras nos. 107 to 135, 137, 143 to 145,149 and 150 (1/6 share of total 16.62 hectare), situated at Village Patel Nagar, Patwar Halka Amarsar, Tehsil Shahpura, District Jaipur, Rajasthan as well as from the personal movable and immovable properties/assets of Defendants, jointly and severally.

¶73

c) The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶74

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

¶75

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.12.2023.

¶76

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 Debtors.

¶77

This Certificate has been issued under my signatures and seal of the Tribunal on this 26.10.2023.

¶78

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

OA No. 288of 2023

"ORIGINALAPPLICATION" No: 288 OF 2023

¶83

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

¶84

O.A. NO. 288 OF 2023

¶85

DATE OF DELIVERY OF ORDER 26.10.2023

¶86

RAJASTHAN MARUDHARA GRAMIN BANK

¶87

Branch Office – Amarsar, District Jaipur, Rajasthanand Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan.

¶88

……...Applicant Bank

¶89

VERSUS

¶90

1. MR. NATHU LAL SAINI

¶91

S/o Sh. Mangya

¶92

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶93

2. MR. SUWA LAL SAINI

¶94

S/o Sh. Sunder Lal Saini

¶95

R/oPatel Nagar, Amarsar, Post Amarsar, Shahpura, District Jaipur, Rajasthan

¶96

……….RESPONDENTS /DEFENDANTS

¶97

Coun Defen	sel for the Applicant Bank: dants are Ex-Parte	D P Sharma
S. No.	Item of Cost	Amount (Rs.)
1	Fee on the Application	28,000.00
2	Process Fee(Inc. Publication)	72.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	29,322/-

¶98

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

OA No. 288of 2023

Dated: 26.10.2023

¶103

Counsel: -

¶104

Sh. D.P. SHARMA Counsel for the Applicant Bank. Defendants are ex-parte

¶105

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared 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.

¶106

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

OA No. 288of 2023

Dated: 26.10.2023

¶111

Counsel: -

¶112

Sh. D.P. SHARMA Counsel for the Applicant Bank. Defendants are ex-parte

¶113

The Tribunal vide order dated 26.10.2023, directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶114

The Registrar vide order dated 26.10.2023 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepared 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.

¶115

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

OA No. 288of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶120

ORIGINAL APPLICATION NO. 288 of 2023

¶121

The Recovery Certificate prepared in compliance of order dated 26.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 288 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs Nathu Lal Saini has been checked and may be verified.

¶122

Section Officer

¶123

Assistant Registrar

¶124

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.

¶125

Assistant Registrar

¶126

Hon'ble Presiding Officer

¶127

Rajasthan Marudhara Gramin Bank v. Nathu Lal Saini

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Nathu Lal Saini

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Sharma versus Au Small Finance Bank Limited

Paras Mal versus Punjab National Bank

Anand Sharma versus Hdfc Bank

Rajasthan Marudhara Gramin Bank versus Sukhwant Singh

Rajasthan Marudhara Gramin Bank versus Gursewak Singh Jatsikh

Rajasthan Marudhara Gramin Bank versus Manajit Singh