Allowed

Rajasthan Marudhara Gramin Bank v. Smt Sushila Devi

DRT30 Oct 2023OA/572/2023

Case brief

AI extract

What is this about?

DRT allowed the bank's application for recovery of dues against defaulting borrowers. The court declared joint and several liability and recovered the principal sum with future interest along with mortgaged and personal assets.

What did the court decide?

Recovery of Rs. 22,85,204/- with future interest at 10% p.a.; enforcement against hypothecated crops, livestock, mortgaged land, and personal assets.

Rajasthan Marudhara Gramin Bank versus Smt Sushila Devi — Banking and Recovery | DRT (2023)

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OA No. 572of2023

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"ORIGINALAPPLICATION" No: 572 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER

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O.A. NO. 572 OF 2023 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

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…..Applicant Bank…..

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VERSUS

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1. MR. SUSHILA DEVI W/o Sh. Kedar Lal

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R/oVillage Bholasar, Tehsil Kolayat, District Bikaner,Rajasthan 2. MR. ARJUN DAS S/o Sh. Champa Das R/oVillage Bholasar, Tehsil Kolayat, District Bikaner, Rajasthan

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…… 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 16.03.2023, against the Defendants for the recovery of a sum of Rs. 22,85,204/with pendentelite & future interest till payment or realization.

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2. As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, agricultural loan facilities were sanctioned by the Applicant

OA No. 572of 2023

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 13.09.2023.

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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. 572of 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. 22,85,204/- (Rupees Twenty Two Lac Eighty Five Thousand Two Hundred Four only) with future interest @ 10.00% p.a. (Simple) from 16.03.2023 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 8.61 hectares of khasra no. 138 situated at Village Bholasar, Tehsil Kolayat, Bikaner ,

OA No. 572of 2023

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. 572of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 572 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

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…..Applicant Bank…..

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VERSUS

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1. MR. SUSHILA DEVI W/o Sh. Kedar Lal

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R/oVillage Bholasar, Tehsil Kolayat, District Bikaner,Rajasthan

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2. MR. ARJUN DAS S/o Sh. Champa Das R/oVillage Bholasar, Tehsil Kolayat, District Bikaner, Rajasthan

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…… 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. 22,85,204/-

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In terms of final order dated 30.10.2023 passed by this Tribunal in

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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. 22,85,204/- (Rupees Twenty Two Lac Eighty Five Thousand Two Hundred Four only) with future interest @ 10.00% p.a. (Simple) from 16.03.2023 till the date of realization.

OA No. 572of 2023

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 8.61 hectares of khasra no. 138 situated at Village Bholasar, Tehsil 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. 572of 2023

"ORIGINALAPPLICATION" No: 572 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. 572 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

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…..Applicant Bank…..

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VERSUS

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3. MR. SUSHILA DEVI W/o Sh. Kedar Lal

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R/oVillage Bholasar, Tehsil Kolayat, District Bikaner,Rajasthan

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4. MR. ARJUN DAS S/o Sh. Champa Das R/oVillage Bholasar, Tehsil Kolayat, District Bikaner, Rajasthan

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…… 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	25,000.00
2	Process Fee(Inc. Publication)	72.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	26,322/-

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

OA No. 572of 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. 572of 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. 572of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 572 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. 572 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs Sushila Devi & others 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. Smt Sushila Devi

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Smt Sushila Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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