Allowed

State Bank of India v. Smt Mirga Devi Bishnoi

DRT11 Jan 2023OA/42/2022

Case brief

AI extract

What is this about?

The DRT allowed the bank's original application for recovery of a defaulted loan of approx Rs 36.55 lakh. The court held the defendant liable to pay Rs 26.82 lakh with interest and authorized recovery through hypothecated crops and mortgaged agricultural land.

What did the court decide?

Defendant to pay Rs. 26,82,579/- with interest; bank entitled to recover through sale of mortgaged crops, agriculture land, and personal movable/immovable properties.

State Bank of India versus Smt Mirga Devi Bishnoi — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 42 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. 42 OF 2022

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DATE OF DELIVERY OF ORDER 11.01.2023

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STATE BANK OF INDIA

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Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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SMT. MIRGA DEVI BISHNOI

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W/o Sh. Dharmapal Bishnoi,

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R/o Village Chak Jegala Gogaliyan, Tehsil Nokha, District Bikaner (Raj.)

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……Defendant…..

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Counsel for the Applicant Bank Shri Anil K. Sharma Defendant Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 03.12.2021 for recovery of an amount of Rs 36,55,424/- with pendentlite and future interest and cost.

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

OA No. 42 of 2022

Defendant was proceeded ex parte on 16.06.2022.

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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/12 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is 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. 42 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 26,82,579/- (Rupees Twenty Six Lac Eighty Two Thousand Five Hundred Seventy Nine Only) with future interest @ 10.65%, p.a. (Simple) from 03.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated crops and mortgaged property – Agriculture Land at Village Chak Jengala Gogaliyan, Tehsil Nokha, District Bikaner bearing Khata No. New 102 (Old 136) Khasra No. 253, 254 Total Area 22.80 Hact. as well as from the personal movable and immovable properties/assets of Defendant. 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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1. 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 11.04.2023 .

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Prepare Recovery Certificate accordingly.

OA No. 42 of 2022

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 Order pronounced in the open court today i.e. 11.01.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 42 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. 42 OF 2022

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DATE OF DELIVERY OF ORDER 11.01.2023

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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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STATE BANK OF INDIA

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Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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SMT. MIRGA DEVI BISHNOI

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W/o Sh. Dharmapal Bishnoi,

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R/o Village Chak Jegala Gogaliyan, Tehsil Nokha, District Bikaner (Raj.)

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……Defendant…..

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Recovery Certificate for Rs. 26,82,579/-

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In terms of final order dated 11.01.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 26,82,579/- (Rupees Twenty Six Lac Eighty Two Thousand Five Hundred Seventy Nine Only) with future interest @ 10.65%, p.a. (Simple) from 03.12.2021 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of hypothecated crops and mortgaged property – Agriculture Land at Village Chak Jengala Gogaliyan, Tehsil Nokha, District Bikaner bearing Khata No. New 102 (Old 136) Khasra No. 253, 254 Total Area 22.80 Hact. as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank

OA No. 42 of 2022

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. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 11.04.2023 .

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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 11.01.2023 .

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

OA No. 42 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. 42 OF 2022

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DATE OF DELIVERY OF ORDER 11.01.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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STATE BANK OF INDIA

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Branch Office – SARB, Matrix Mall, Sector 4, Jawahar Nagar, Jaipur

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…..Applicant Bank…..

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VERSUS

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SMT. MIRGA DEVI BISHNOI

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W/o Sh. Dharmapal Bishnoi,

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R/o Village Chak Jegala Gogaliyan, Tehsil Nokha, District Bikaner (Raj.)

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	29,000.00
2	Process Fee (Inc. Publication)	39.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	30,289.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 42 of 2022

11.01.2023

Counsel:

Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendant is 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. 42 of 2022

11.01.2023

Counsel: Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendant is exparte

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The Tribunal vide order dated 11.01.2023 , 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 11.01.2023 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. 42 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 42 of 2022

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The Recovery Certificate prepisd in compliance of order dated 11.01.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 42 of 2022 Title State Bank of India Vs Smt. Mirga Devi Bishnoi 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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State Bank of India v. Smt Mirga Devi Bishnoi

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt Mirga Devi Bishnoi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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