Allowed

State Bank of India v. Sh Hari Kishan Bishnoi

DRT15 Jun 2023OA/640/2022

Case brief

AI extract

What is this about?

In this original application, the Debts Recovery Tribunal held the respondents jointly and severally liable to repay an outstanding loan amount of Rs. 35,54,081/- with future interest. The tribunal granted relief to the State Bank of India to recover the dues from hypothecated assets, mortgaged land, and personal properties.

What did the court decide?

Declaration of joint and several liability to pay Rs. 35,54,081/- with future interest; entitlement to recover from hypothecated assets, mortgaged land, and personal properties; legal heirs liable up

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

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“ORIGINALAPPLICATION” No. 640 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. 640 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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STATE BANK OF INDIA

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Branch Office – RBO II Bikaner North at Ganga Niwas, Public Park, Bikaner 334001

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…..Applicant Bank…..

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VERSUS

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1. SH. HARIKISHAN BISHNOI ,

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S/o Mishruram through its Legal Heirs

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A. Smt. Kesar Devi W/o Harikishan Bishnoi

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B. Sh. Bajranglal S/o Harikishan Bishnoi

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C. Sh. Ram Dev S/o Harikishan Bishnoi

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D. Sh. Om Prakash S/o Harikishan Bishnoi

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E. Sh. Jaipal S/o Harikishan Bishnoi

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F. Mansuti D/o Harikishan Bishnoi

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All R/o House No. 511, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

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2. SH. BAJRANGLAL

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S/o Harikishan Bishnoi

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R/o Ward No. 11, Beniwalon Ka Bas, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

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……Defendants…..

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Counsel for the Applicant Bank Sh. Jayant Vaze Defendants Ex parte

JUDGMENT

OA No. 640 of 2022

This Original Application was filed by the applicant bank on 17.05.2022 for recovery of outstanding amount of Rs. 33,54,081/- from the Defendants.

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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 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 are proceeded ex parte on 21.12.2022.

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Heard arguments and perused the record.

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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/17 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 & 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. 640 of 2022 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. 35,54,081/(Rupees Thirty Five Lac Fifty Four Thousand Eighty One only) with future interest @ 15.15% p.a. from 17.05.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property – Agricultural Land at Village Janglu Tehsil Nokha Distt. Bikaner having Khasra No. 1291 Area – Biga 0.29 Biswa, 1301 Area – Biga 0.94 Biswa, 1302 Area – Biga 0.04 Biswa, 1303 Area – Biga 12.98 Biswa, Total Area – Biga 14.27 Biswa

OA No. 640 of 2022

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) Legal Heirs of deceased Mr. Harikishani Bishnoi, Defendant No. 1 shall be liable up to the properties inherited by them.

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d) 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.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 15.09.2023 .

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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. 15.06.2023 .

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

OA No. 640 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. 640 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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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 – RBO II Bikaner North at Ganga Niwas, Public Park, Bikaner 334001

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…..Applicant Bank…..

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VERSUS

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1. SH. HARIKISHAN BISHNOI ,

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S/o Mishruram through its Legal Heirs

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G. Smt. Kesar Devi W/o Harikishan Bishnoi

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H. Sh. Bajranglal S/o Harikishan Bishnoi

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I. Sh. Ram Dev S/o Harikishan Bishnoi

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J. Sh. Om Prakash S/o Harikishan Bishnoi

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K. Sh. Jaipal S/o Harikishan Bishnoi

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L. Mansuti D/o Harikishan Bishnoi

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All R/o House No. 511, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

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2. SH. BAJRANGLAL

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S/o Harikishan Bishnoi

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R/o Ward No. 11, Beniwalon Ka Bas, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

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……Defendants…..

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Recovery Certificate for Rs. 35,54,081/-

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In terms of final order dated 15.06.2023 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. 35,54,081/-

OA No. 640 of 2022

(Rupees Thirty Five Lac Fifty Four Thousand Eighty One only) with future interest @ 15.15% p.a. from 17.05.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property – Agricultural Land at Village Janglu Tehsil Nokha Distt. Bikaner having Khasra No. 1291 Area – Biga 0.29 Biswa, 1301 Area – Biga 0.94 Biswa, 1302 Area – Biga 0.04 Biswa, 1303 Area – Biga 12.98 Biswa, Total Area – Biga 14.27 Biswa 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) Legal Heirs of deceased Mr. Harikishani Bishnoi, Defendant No. 1 shall be liable up to the properties inherited by them.

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d) 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 15.09.2023 .

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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 15.06.2023 .

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

OA No. 640 of 2022

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. 640 OF 2022

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DATE OF DELIVERY OF ORDER 15.06.2023

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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 – RBO II Bikaner North at Ganga Niwas, Public Park, Bikaner 334001

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…..Applicant Bank…..

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VERSUS

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1. SH. HARIKISHAN BISHNOI ,

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S/o Mishruram through its Legal Heirs

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M. Smt. Kesar Devi W/o Harikishan Bishnoi

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N. Sh. Bajranglal S/o Harikishan Bishnoi

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O. Sh. Ram Dev S/o Harikishan Bishnoi

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P. Sh. Om Prakash S/o Harikishan Bishnoi

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Q. Sh. Jaipal S/o Harikishan Bishnoi

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R. Mansuti D/o Harikishan Bishnoi

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All R/o House No. 511, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

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2. SH. BAJRANGLAL

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S/o Harikishan Bishnoi

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R/o Ward No. 11, Beniwalon Ka Bas, Village Janglu, Tehsil Nokha, Distt. Bikaner (Raj.) 334803

……Defendants…..

		OA No. 640 of 2022
S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	36,000.00
2	Process Fee (Inc. Publication)	178.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	37,428.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 640 of 2022

15.06.2023

Counsel: Sh. Jayant Vaze, Counsel for 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. 640 of 2022

15.06.2023

Counsel:

Sh. Jayanrt Vaze, Counsel for Applicant Bank Defendants are exparte

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The Tribunal vide order dated 15.06.2023 , 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 15.06.2023 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. 640 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 640 of 2022

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The Recovery Certificate prepisd in compliance of order dated 15.06.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 640 of 2022 Title State Bank of India Vs Sh. Harikishan 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 Hari Kishan Bishnoi

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Hari Kishan Bishnoi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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