Allowed

Rajasthan Marudhara Gramin Bank v. Hanwant Singh

DRT17 Oct 2023OA/334/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Rajasthan Marudhara Gramin Bank for recovery of dues. The bank, having classified the agricultural loan account as NPA due to default, sought recovery of Rs. 46.55 lakhs plus interest. The Tribunal held the respondents jointly and severally liable and issued a recovery certificate.

What did the court decide?

The respondents are ordered to jointly and severally pay Rs. 46,55,594.00 with future interest at 10% p.a. from 27.02.2023. The bank is entitled to recover the amount by sale of hypothecated assets an

Rajasthan Marudhara Gramin Bank versus Hanwant Singh — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No.334 OF 2023

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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. 334 OF 2023

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DATE OF DELIVERY OF ORDER 17.10.2023

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RAJASTHAN MARUDHARA GRAMIN BANK

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a body corporate constituted under the provisions of the Regional Rural Banks Act, 1976, having its Head Office at Tulsi Tower, 9th B Road, Sardarpura, Jodhpur – 342003 (Rajasthan) and amongst others a Branch Bali situated near Pratap Chowk, Falna-Sadri Road, Tehsil Bali, District Pali – 306701 (Rajasthan) now represented through the Regional Business Office Pali-2 situated at 4, Kasturba Nagar, near Transport Nagar, Pali – 306401 (Rajasthan) through the Regional Manager.

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…..Applicant Bank…..

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VERSUS

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1. HANAWANT SINGH ,

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son of Mr. Junjar Singh, Resident of House No. 545, Near Bawdi, Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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2. HARI SINGH,

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son of Mr. Junjar Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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3. HANAWANT SINGH,

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son of Mr. Fateh Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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……Defendants…..

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Counsel for the Applicant Bank Defendants

Shri Rajkumar

Ex-Parte

JUDGMENT

The Applicant Bank filed this O.A. on 27.02.2023, againstthe Defendants for the recovery of a sum of

OA No. 334 of 2023

Rs.46,55,594.00 withpendentelite& future interest till payment or realization.

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As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, agricultural loanfacilitieswere sanctioned by the Applicant Bank in favour of Defendants. Defendants failed to maintain financial 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 and their right to file reply was closed on 26.06.2023.

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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/20 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

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In the result, this O.A. No. 334 OF 2023 is allowed declaring that:-

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a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 46,55,594/(Rupees Forty Six Lac Fifty Five Thousand Five Hundred Ninety FourOnly) with future interest @ 10.00% p.a. (Simple) from the Defendantsfrom 27.02.2023till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated whole of the stocks, both present and future, raw materials, work-in-progress, semi-finished goods and finished goods, packing materials etc. and created mortgage of immovable property as under –

OA No. 334 of 2023

as well as from thepersonal movable and immovable properties/assets of Defendants, jointly and severally. 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 18.12.2023 .

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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. 17.10.2023 .

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

OA No. 334 of 2023

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

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PRESIDING OFFICER

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O.A. NO. 334 OF 2023

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DATE OF DELIVERY OF ORDER 17.10.2023

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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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RAJASTHAN MARUDHARA GRAMIN BANK

…..Applicant Bank…..

VERSUS

1. HANAWANT SINGH ,

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son of Mr. Junjar Singh, Resident of House No. 545, Near Bawdi, Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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2. HARI SINGH,

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son of Mr. Junjar Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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3. HANAWANT SINGH,

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son of Mr. Fateh Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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……Defendants…..

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Recovery Certificate for Rs. 46,55,594.00

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In terms of final order dated 17.10.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 46,55,594/(Rupees Forty Six Lac Fifty Five Thousand Five

OA No. 334 of 2023

Hundred Ninety Four Only) with future interest @ 10.00% p.a. (Simple) from the Defendantsfrom 27.02.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated whole of the stocks, both present and future, raw materials, work-in-progress, semi-finished goods and finished goods, packing materials etc. and created mortgage of immovable property as under –

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as well as from thepersonal movable and immovable properties/assets of Defendants, jointly and severally. 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 18.12.2023 .

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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 Debtors.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 17.10.2023 .

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 334 of 2023

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

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PRESIDING OFFICER

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O.A. NO. 334 OF 2023

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DATE OF DELIVERY OF ORDER 17.10.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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RAJASTHAN MARUDHARA GRAMIN BANK

…..Applicant Bank…..

VERSUS

1. HANAWANT SINGH ,

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son of Mr. Junjar Singh, Resident of House No. 545, Near Bawdi, Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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2. HARI SINGH,

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son of Mr. Junjar Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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3. HANAWANT SINGH,

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son of Mr. Fateh Singh, Resident of Kotbaliyan, Tehsil Bali, District Pali – 306701 (Rajasthan)

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	49,005.00
2	Process Fee (Inc. Publication)	236.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	50,491.00

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

OA No. 334 of 2023

Date : 17.10.2023

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Counsel: Sh.RAJKUMAR, Counsel for the Applicant Bank Defendants are ex-parte

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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.

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

OA No. 334 of 2023

Date : 17.10.2023

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Counsel:

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Sh.RAJKUMAR, Counsel for the Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 17.10.2023 , 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 17.10.2023 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.

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

OA No. 334 of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 334 of 2023

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The Recovery Certificate prepared in compliance of order dated 17.10.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 334 of 2023 Title- Rajasthan MarudharaGramin Bank Vs Hanawant Singh&Ors. 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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Rajasthan Marudhara Gramin Bank v. Hanwant Singh

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Hanwant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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