Allowed

Rajasthan Marudhara Gramin Bank v. Devi Lal

DRT19 Oct 2023OA/728/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the bank's application for recovery of a loan of Rs. 22,13,750. The court held the borrowers and guarantor jointly liable, ordered the payment of principal and future interest, and authorized recovery through the sale of hypothecated stocks and mortgaged immovable property.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 22,13,750 with future interest at 10% p.a.; recovery via sale of hypothecated stocks/mortgaged property; recovery certificate issued.

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

¶1

OA No. 728 of2023

¶2

"ORIGINALAPPLICATION" No: 728 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER

¶3

O.A. NO. 728 OF 2023

¶4

DATE OF DELIVERY OF ORDER 19.10.2023

¶5

The Rajasthan Marudhara Gramin Bank , herein after called as “RMGB” a Bank and Government of India Undertaking a body corporate constituted under the provisions of the Regional Rural Banks Act, 1976, having its Head Office at Tulsi Tower, 9th B Road, Sardarpura, Jodhpur - 342003, Rajasthan and Stressed Asset Resolution Cell (SARC) 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur - 302021 and Branch/Offices all over Rajasthan, including one of its Branch/Office at Rajasthan Marudhara Gramin Bank, Sukhchainpura, Dist. Sriganganagar through its Assistant General Manager (SARC) Mr. Upendra Shekhawat

¶6

…....APPLICANT

¶7

VERSUS

¶8

1. Devi Lal S/O Puran Meghwal Address Line – 6 KSD, 1 SJMB, P.O Mokamwala, Teh. Anupgarh Sriganganagar 335051

¶9

(Borrower)

¶10

2. Gurdat S/O Bhajnaram AddressLine - 6 KSD, Teh. Anupgarh, Sriganganagar (Guarantor)

¶11

……….RESPONDENTS /DEFENDANTS

¶12

Counsel for the Applicant Bank Harish Chandra Sharma/ Mahendra Rana Defendants are Ex-Parte

OA No. 728of 2023

JUDGMENT

1. The Applicant Bank filed this O.A. on 25.04.2023, against the Defendants for the recovery of a sum of RS. 22,13,750/- with pendentelite& future interest till payment or realization.

¶18

2. As per O.A., Defendants approached the Applicant Bank for financial assistance. After due consideration, 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.

¶19

3. Defendants were proceeded ex-parte and their right to file reply was closed.

¶20

4. As stated supra, the applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/19 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

¶21

5. In the result, this O.A. No728of 2023 is allowed declaring that: -

OA No. 728of 2023

a) The defendants are jointly and severally liable to pay to the applicant bank a sum of RS. 22,13,750 /- (TwentyTwo Lacs Thirteen Thousand Seven Hundred and Fifty Only), with future interest @ 10.00% p.a. (simple) for KCC and for ATL from the defendants from 07.02.2023 till the date of realization.

¶26

b) The applicant bank is entitled to recover the above amount by sale of hypothecated whole of the stocks, both present and future, raw materials, work-inprogress, semi-finished goods and finished goods, packing materials etc. and created mortgage of immovable property as under-

¶27

Village	KhataNo.	Muraba No.	Area (Hectare)	Shared in Land	Total Area (Hectare)
6KSDAnupgarh,	20	254/371&		5.503
Sriganganagar		253/371	12.525 Hect	Hect	5.503 Hect

¶28

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.

¶29

c) The applicant bank is entitled to the costs of the O.A.

¶30

6. The Recovery Certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶31

7. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 20.12.2023

OA No. 728of 2023

8. Prepare Recovery Certificate accordingly.

¶36

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.

¶37

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

¶38

Order pronounced in the open court today i.e.,19.10.2023.

¶39

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

OA No. 728of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 728 OF 2023

¶44

DATE OF DELIVERY OF ORDER 19.10.2023

¶45

RECOVERY CERTIFICATE

¶46

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

¶47

¶48

….......APPLICANT

¶49

VERSUS

¶50

Devi Lal S/O Puran Meghwal Address Line – 6 KSD, 1 SJMB, P.O Mokamwala, Teh. Anupgarh Sriganganagar 335051

¶51

(Borrower)

¶52

Gurdat S/O Bhajnaram Address Line - 6 KSD, Teh. Anupgarh, Sriganganagar

¶53

(Guarantor)

¶54

……….RESPONDENTS /DEFENDANTS

OA No. 728of 2023

Recovery Certificate for Rs. 22,13,750 /-

¶59

In terms of final order dated 19.10.2023 passed by this Tribunal in the above-mentioned case, it is ordered that the-

¶60

d) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 22,13,750/-(TwentyTwo Lacs Thirteen Thousand Seven Hundred and Fifty Only), with future interest @ 10.00% p.a. p.a. (simple) for KCC and for ATL from the defendants from 07.02.2023 till the date of realization.

¶61

a) The applicant bank is entitled to recover the above amount by sale of hypothecated whole of the stocks, both present and future, raw materials, work-inprogress, semi-finished goods and finished goods, packing materials etc. and created mortgage of

¶62

immovable property as under-

¶63

Village	KhataNo.	Muraba No.	Area (Hectare)	Shared in Land	Total Area (Hectare)
6KSDAnupgarh,	20	254/371&		5.503
Sriganganagar		253/371	12.525 Hect	Hect	5.503 Hect

¶64

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.

¶65

b) The applicant bank is entitled to the costs of the O.A.

OA No. 728of 2023

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 20.12.2023.

¶70

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.

¶71

This Certificate has been issued under my signatures and seal of the Tribunal on this 19.10.2023.

¶72

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

OA No. 728of 2023

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

¶77

O.A. NO. 728 OF 2023

¶78

DATE OF DELIVERY OF ORDER 19.10.2023 SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…………APPLICANT

VERSUS

Devi Lal S/O Puran Meghwal Address Line – 6 KSD, 1 SJMB, P.O Mokamwala, Teh. Anupgarh Sriganganagar 335051

¶84

(Borrower)

¶85

Gurdat S/O Bhajnaram AddressLine - 6 KSD, Teh. Anupgarh, Sriganganagar

¶86

(Guarantor)

¶87

……….RESPONDENTS /DEFENDANTS

OA No. 728of 2023

S.	Item of Cost	Amount (Rs.)
No.
1	Fee on the Application	25,005.00
2	Process Fee(Inc. Publication)	212.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	26,467.00

¶92

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

OA No. 728of 2023

Dated: 19.10.2023

¶97

Counsel: -

¶98

Sh. Harish Chandra Sharma along with Sh. Mahendra Rana Counsel for the Applicant Bank

¶99

Defendants are ex-parte

¶100

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 Jajpur Regulation 2015 and after verification place the same before the Tribunal.

¶101

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

OA No. 728of 2023

Dated: 19.10.2023

¶106

Counsel: -

¶107

Sh. Harish Chandra Sharma along with Sh. Mahendra Rana Counsel for the Applicant Bank

¶108

Defendants are ex-parte

¶109

The Tribunal vide order dated 19.10.2023, directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶110

The Registrar vide order dated 19.10.2023 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.

¶111

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

OA No. 728of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶116

ORIGINAL APPLICATION NO. 728 of 2023

¶117

The Recovery Certificate prepared in compliance of order dated 19.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 728 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs Devi Lal &Ors. has been checked and may be verified.

¶118

Section Officer

¶119

Assistant Registrar

¶120

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.

¶121

Assistant Registrar

¶122

Hon'ble Presiding Officer

¶123

Rajasthan Marudhara Gramin Bank v. Devi Lal

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Devi Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Union Bank of India versus M/S U Turn Nice Collection

Union Bank of India versus M/S Emi Furniture Com

Ms Shiv Shakti Polymers versus Punjab National Bank

Rajasthan Marudhara Gramin Bank versus Sagata Ram

Rajasthan Marudhara Gramin Bank versus Chand Singh

M S Sara Masala Kutir Udyog and Ors. versus Fedbank Financial Services Limited