Allowed

Rajasthan Marudhara Gramin Bank v. Sher Singh

DRT26 Oct 2023OA/561/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application and issued a recovery certificate. It held the defendants jointly and severally liable to pay Rs. 25,00,989/- with interest, permitting recovery from specific agricultural assets and other properties.

What did the court decide?

Defendants declared liable to pay Rs. 25,00,989/- with 10% p.a. interest from 19.04.2023; recovery certificate issued entitling bank to proceed against hypothecated assets, agricultural land, and pers

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

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OA No. 561 of 2023

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“ORIGINALAPPLICATION” No. 561of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 561 OF 2023

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DATE OF DELIVERY OF ORDER 26.10.2023

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RAJASTHAN MARUDHARA GRAMIN BANK

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Branch Office – Bhadra, Hanumangarh, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

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…..Applicant Bank…..

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VERSUS

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1. MR. SHER SINGH

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S/o Sh. Jagram Jat R/oJanana, Tehsil Bhadra,

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DistrictHanumgarh, Rajasthan-335511

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2. MR. RAVINDRA SINGH

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S/o Sh. BhupSingh

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R/oJanana, Tehsil Bhadra,

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DistrictHanumgarh, Rajasthan-335511

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……Defendants…..

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Counsel for the Applicant Bank Shri D.P.Sharma Defendants Ex-parte

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Ex-parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendants on 23.02.2023 for recovery of an amount of Rs 25,00,989/-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 favor of Defendants. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant

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OA No. 561 of 2023

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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 23.08.2023.

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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/10marked 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.561of 2023 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. 25,00,989/- (Rupees Twenty Five Lac Nine Hundred Eight Nine only)with future interest @ 10.00% p.a. (Simple) from 19.04.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by 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 6.211 hector situated in Bhadra, District Hanumangarh, Rajasthan 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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OA No. 561 of 2023

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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 30.12.2023 .

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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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(VivekSaxena) Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 26.10.2023 . (Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

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OA No. 561 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. 561OF 2023

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DATE OF DELIVERY OF ORDER 26.10.2023

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RECOVERY CERTIFICATE

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(UNDERSUBSection22oftheRecoveryofDebtsduetoBanks andFinancialInstitutionsAct,1993(Act51of1993)

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RAJASTHAN MARUDHARA GRAMIN BANK

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Branch Office – Bhadra, Hanumangarh, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

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…..Applicant Bank…..

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VERSUS

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1. MR. SHER SINGH

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S/o Sh. Jagram Jat

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R/o Janana, Tehsil Bhadra, DistrictHanumgarh, Rajasthan-335511

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2. MR. RAVINDRA SINGH

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S/o Sh. Bhup Singh R/o Janana, Tehsil Bhadra, District Hanumgarh, Rajasthan-335511

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……Defendants…..

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Recovery Certificate for Rs. 25,00,989/-

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In terms of final order dated 26.10.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 25,00,989/- (Rupees Twenty Five Lac Nine Hundred Eight Nine only)with future interest @ 10.00% p.a. (Simple) from 19.04.2023 till the date of realization.

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OA No. 561 of 2023

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b) The applicant bank is entitled to recover the above amount by 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,1974admeasuring6.211 hector situated in Bhadra, District Hanumangarh, Rajasthan 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 30.12.2023 .

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The Recovery Officer shall realize the amount as per this CertificateinthemannerandmodeprescribedunderSection25 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 26.10.2023.

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

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OA No. 561 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. 561OF 2023

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DATE OF DELIVERY OF ORDER 26.10.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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RAJASTHAN MARUDHARA GRAMIN BANK

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Branch Office – Bhadra, Hanumangarh, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

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…..Applicant Bank…..

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VERSUS

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1. MR. SHER SINGH

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S/o Sh. Jagram Jat

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R/oJanana, Tehsil Bhadra,

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DistrictHanumgarh, Rajasthan-335511

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2. MR. RAVINDRA SINGH

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S/o Sh. Bhup Singh R/oJanana, Tehsil Bhadra, DistrictHanumgarh, Rajasthan-335511

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……Defendants…..

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S.No.	Item of Costs	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	29,322.00

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Presiding Officer, Debts Recovery Tribunal,

Jaipur

OA No. 561 of 2023

Date : 26.10.2023

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Counsel: Sh. D.P. SHARMA, 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 RecoveryTribunalJaipurRegulation2015andafterverification place the same before the Tribunal.

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

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OA No. 561 of 2023

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Dated : 26.10.2023

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

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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. 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.

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

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OA No. 561 of 2023

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DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 561 of 2023

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The Recovery Certificate prepared in compliance of order dated 26.10.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No.561 of 2023Title Rajasthan Marudhara Gramin Bank Vs Mr. Sher Singh & 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

Rajasthan Marudhara Gramin Bank v. Sher Singh

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Sher Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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