Allowed

State Bank of India v. Sh Bhairu Bishnoi

DRT11 Jan 2023OA/44/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application for recovery of Rs. 31,66,691 (plus interest) against two defendants who defaulted on a financial loan. The court declared the defendants jointly and severally liable and authorized recovery via the sale of mortgaged agricultural land and personal assets.

What did the court decide?

Declaration of joint and several liability; recovery of Rs. 31,66,691 with future interest via sale of mortgaged properties and personal assets.

State Bank of India versus Sh Bhairu Bishnoi — Banking and Recovery | DRT (2023)

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“ORIGINALAPPLICATION” No. 44 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. 44 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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1. SH. BHAIRU RAM BISHNOI

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S/o Sh. Ram Rai Bishnoi

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R/o Village Chak Jengala Panna Daroga,

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Tehsil Nokha, District Bikaner (Raj.)

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2. SH. OM PRAKASH BISHNOI

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S/o Sh. Bhairu Ram Bishnoi

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R/o Village Chak Jengala Panna Daroga,

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Tehsil Nokha, District Bikaner (Raj.)

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……Defendants…..

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

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 03.12.2021 for recovery of an amount of Rs 31,66,691/- 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. 44 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 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/11 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. 44 of 2022 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. 31,66,691/(Rupees Thirty One Lac Sixty Six Thousand Six Hundred Ninety One 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. 215 area 10.06 Hact, Khata No. 123 Khasra No. 7 area 5.96 Hact. and Khasra No. 543/330 area 5.96 Hact Total Area 21.98 Hact. 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.

OA No. 44 of 2022

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

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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. 11.01.2023 .

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

OA No. 44 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. 44 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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1. SH. BHAIRU RAM BISHNOI

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S/o Sh. Ram Rai Bishnoi

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R/o Village Chak Jengala Panna Daroga,

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Tehsil Nokha, District Bikaner (Raj.)

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2. SH. OM PRAKASH BISHNOI

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S/o Sh. Bhairu Ram Bishnoi

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R/o Village Chak Jengala Panna Daroga, Tehsil Nokha, District Bikaner (Raj.)

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……Defendants…..

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Recovery Certificate for Rs. 31,66,691/-

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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 Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 31,66,691/(Rupees Thirty One Lac Sixty Six Thousand Six Hundred Ninety One Only) with future interest @ 10.65%, p.a. (Simple) from 03.12.2021 till the date of realization.

OA No. 44 of 2022

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. 215 area 10.06 Hact, Khata No. 123 Khasra No. 7 area 5.96 Hact. and Khasra No. 543/330 area 5.96 Hact Total Area 21.98 Hact. 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 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. 44 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. 44 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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1. SH. BHAIRU RAM BISHNOI

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S/o Sh. Ram Rai Bishnoi

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R/o Village Chak Jengala Panna Daroga,

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Tehsil Nokha, District Bikaner (Raj.)

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2. SH. OM PRAKASH BISHNOI

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S/o Sh. Bhairu Ram Bishnoi

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R/o Village Chak Jengala Panna Daroga,

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Tehsil Nokha, District Bikaner (Raj.)

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	34,000.00
2	Process Fee (Inc. Publication)	78.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	35,328.00

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Presiding Officer,

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Debts Recovery Tribunal, Jaipur

OA No. 44 of 2022

11.01.2023

Counsel:

Sh. ANIL K. SHARMA, 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. 44 of 2022

11.01.2023

Counsel: Sh. ANIL K. SHARMA, Counsel for the Applicant Bank Defendants are 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. 44 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 44 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. 44 of 2022 Title State Bank of India Vs Bhairu Ram Bishnoi & 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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State Bank of India v. Sh Bhairu Bishnoi

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Bhairu Bishnoi

Case brief

What is this about?

What did the court decide?

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