Allowed

Rajasthan Marudhara Gramin Bank v. Mr Pema Ram

DRT30 Oct 2023OA/570/2023

Case brief

AI extract

What is this about?

The DRT allowed the bank's original application for recovery of Rs. 27,00,631 with interest. The court declared joint and several liability and issued a recovery certificate covering agricultural land and other assets under the relevant agricultural and recovery acts.

What did the court decide?

Recovery Certificate issued for payment of Rs. 27,00,631 with interest; recovery directed against hypothecated agricultural land and personal assets.

Rajasthan Marudhara Gramin Bank versus Mr Pema Ram — Banking and Recovery | DRT (2023)

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OA No. 570of2023

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"ORIGINALAPPLICATION" No: 570 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER

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O.A. NO. 570 OF 2023

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DATE OF DELIVERY OF ORDER 30.10.2023

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RAJASTHAN MARUDHARA GRAMIN BANK

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Branch Office – Bholasar, Bikaner, District Bikaner, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

……...Applicant Bank

VERSUS

1. MR. PEMA RAM

S/o Sh. Dharma Ram Jat

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R/oAkkasar, Bhato Ka Mohallam, Tehsil Kolayat, District Bikaner,Rajasthan

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2. MR. BHANWRA RAM

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S/o Sh. Sugna Ram

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R/oNaiyon Ka Bas Akkasar, TeshilKolayat, District Bikaner, Rajasthan

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……….RESPONDENTS /DEFENDANTS

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Counsel for the Applicant Bank: Defendants are Ex-Parte

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D P Sharma

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JUDGMENT

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1. The Applicant Bank filed this O.A. on 06.03.2023, against the Defendants for the recovery of a sum of Rs. 27,00,631/with pendentelite & future interest till payment or realization.

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2. As per O.A., Defendants approached the Applicant Bank

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for financial assistance. After due consideration,

OA No. 570of 2023

agricultural loan facilities were sanctioned by the Applicant 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.

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3. Defendants were proceeded ex-parte on 23.08.2023.

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4. As stated supra, the applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/14 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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5. In the result, this O.A. No. 570of 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. 27,00,631/- (Rupees Twenty Seven Lac Six Hundred Thirty One only) with future interest @ 10.00% p.a. (Simple) from 06.03.2023 till the date of realization.

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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)

OA No. 570of 2023

Act,1974 admeasuring 8.23 hectares of khasra no. 138 and 916/44 situated at Village Akkasar, Kolayat, Bikaner, Rajasthan as well as from the personal 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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6. The Recovery Certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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7. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 05.01.2024.

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8. Prepare Recovery Certificate accordingly.

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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.

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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.,30.10.2023.

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

OA No. 570of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 570 OF 2023

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DATE OF DELIVERY OF ORDER 30.10.2023

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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

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Branch Office – Bholasar, Bikaner, District Bikaner, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

……...Applicant Bank

VERSUS

1. MR. PEMA RAM

S/o Sh. Dharma Ram Jat

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R/oAkkasar, Bhato Ka Mohallam, Tehsil Kolayat, District Bikaner,Rajasthan

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2. MR. BHANWRA RAM

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S/o Sh. Sugna Ram

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R/oNaiyon Ka Bas Akkasar, TeshilKolayat, District Bikaner, Rajasthan

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……….RESPONDENTS /DEFENDANTS

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

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Recovery Certificate for Rs. 27,00,631/-

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In terms of final order dated 30.10.2023 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

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the applicant bank a sum of Rs. 27,00,631/- (Rupees Twenty Seven Lac Six Hundred Thirty One only) with

OA No. 570of 2023

future interest @ 10.00% p.a. (Simple) from 06.03.2023 till the date of realization.

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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 8.23 hectares of khasra no. 138 and 916/44 situated at Village Akkasar, Kolayat, Bikaner, Rajasthan as well as from the personal 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 05.01.2024.

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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 30.10.2023.

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

OA No. 570of 2023

"ORIGINALAPPLICATION" No: 570 OF 2023

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

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O.A. NO. 570 OF 2023

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DATE OF DELIVERY OF ORDER 30.10.2023

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RAJASTHAN MARUDHARA GRAMIN BANK

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Branch Office – Bholasar, Bikaner, District Bikaner, Rajasthan and Head Office at 3rd Floor, Tulsi Tower, 9th B Rd, Sardarpura, Jodhpur, Rajasthan

……...Applicant Bank

VERSUS

1. MR. PEMA RAM

S/o Sh. Dharma Ram Jat

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R/oAkkasar, Bhato Ka Mohallam, Tehsil Kolayat, District Bikaner,Rajasthan

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2. MR. BHANWRA RAM

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S/o Sh. Sugna Ram

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R/oNaiyon Ka Bas Akkasar, TeshilKolayat, District Bikaner, Rajasthan

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……….RESPONDENTS /DEFENDANTS

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Counsel for the Applicant Bank: Defendants are Ex-Parte

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D P Sharma

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S. No.	Item of Cost	Amount (Rs.)
1	Fee on the Application	30,000.00
2	Process Fee(Inc. Publication)	72.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	31,322/-

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

OA No. 570of 2023

Dated: 30.10.2023

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Counsel: -

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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 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. 570of 2023

Dated: 30.10.2023

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Counsel: -

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

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The Tribunal vide order dated 30.10.2023, 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 30.10.2023 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. 570of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 570 of 2023

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The Recovery Certificate prepared in compliance of order dated 30.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 570 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs Pema ram 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. Mr Pema Ram

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Mr Pema Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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