The DRT allowed the bank's application for recovery of an agricultural loan of Rs. 22.31 lakh plus future interest decreeing joint and several liability and recovery from pledged and mortgaged assets.
Recovery of Rs. 22,31,294/- with future interest from respondents' hypothecated stocks, mortgaged property, and personal assets; issuance of Recovery Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
"ORIGINALAPPLICATION" No: 783 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 783 OF 2023 DATE OF DELIVERY OF ORDER 26.10.2023
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, Bhikhodai, Tehsil Sankara, District Jaisalmer - 345001 (Raj.),through its Assistant General Manager (SARC) Mr. Upendra Shekhawat.
……...Applicant
VERSUS
OA No. 783 of 2023
2
………. DEFENDANTS
Counsel for the Applicant Bank: Harish Chandra Sharma/ Mahendra Rana
Defendants
Ex-Parte
JUDGMENT
1. The Applicant Bank filed this O.A. on 25.04.2023, against the Defendants for the recovery of a sum of Rs.22,31,294/- with pendentelite & future interest till payment or realization.
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.
**
OA No. 783 of 2023
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3. Defendants were proceeded ex-parte and their right to file reply was closed.
4. As stated supra, the applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/18 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.
5. In the result, this O.A. No783 of 2023 is allowed declaring that: -
**
OA No. 783 of 2023
4
work-in-progress, semi-finished goods and finished goods, packing materials etc. and created mortgage of immovable property as under-
| Village | Khata No. |
Khasra No. |
Area (Beegha) |
Shared in Land |
Total Area (Beegha) |
|---|---|---|---|---|---|
| Masooriya, | 268, 267, | 33 - 12 | 2/9 Share | ||
| TehsilBhaniyana, Jaisalmer |
19,20 & 21 |
39 Beegha | |||
| 275, 274 | 141 - 18 | 2/9 Share |
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.
6. The Recovery Certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.
7. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.12.2023.
8. Prepare Recovery Certificate accordingly.
**
OA No. 783 of 2023
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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.
(Vivek Saxena) 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
**
OA No. 783 of 2023
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 783 OF 2023
DATE OF DELIVERY OF ORDER 26.10.2023
RECOVERY CERTIFICATE
(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)
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, Bhikhodai, Tehsil Sankara, District Jaisalmer - 345001(Raj.) through its Assistant General Manager (SARC) Mr. Upendra Shekhawat.
...Applicant.....
VERSUS
………. DEFENDANTS
**
OA No. 783 of 2023
7
Recovery Certificate for Rs. 23,81,141/-
In terms of final order dated 26.10.2023 passed by this Tribunal in the above-mentioned case, it is ordered that the-
a) The Defendants are jointly and severally liable to pay to the applicant bank a sum of Rs. 22,31,294/- (Twenty-Two Lacs Thirty-One Thousand Two Hundred and Ninety-Four),with future interest @ 10.00% (Simple) p.a. for KCC, for ATL and for CFH Loan scheme from the defendants from 31.01.2023 till the date of realization.
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-in-progress, semi-finished goods and finished goods, packing materials etc. and created
mortgage of immovable property as under-
| Village | Khata No. |
Khasra No. |
Area (Beegha) |
Shared in Land |
Total Area (Beegha) |
|---|---|---|---|---|---|
| Masooriya, | 268, 267, | 33 - 12 | 2/9 Share | ||
| TehsilBhaniyana, |
19,20 & | 39 Beegha | |||
| Jaisalmer | 21 | ||||
| 275, 274 | 141 - 18 | 2/9 Share |
as well as from the personal movable and immovable properties/assets of Defendants, jointly
**
OA No. 783 of 2023
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and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt.
O.A.
Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.12.2023.
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.
This Certificate has been issued under my signatures and seal of the Tribunal on this 26.10.2023.
(Vivek Saxena)
Presiding Officer, Debts Recovery Tribunal,
Jaipur
**
OA No. 783 of 2023
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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR
PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 783 OF 2023 DATE OF DELIVERY OF ORDER 26.10.2023
SCHEDULE TO RECOVERY CERTIFICATE
MEMO OF COST
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, Bhikhodai, Tehsil Sankara, District Jaisalmer - 345001(Raj.) through its Assistant General Manager (SARC) Mr. Upendra Shekhawat.
…....APPLICANT
VERSUS
Khan
**
OA No. 783 of 2023
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………. DEFENDANTS
| S. | Item of Cost | Amount (Rs.) |
|---|---|---|
| No. | ||
| 1 | Fee on the Application | 25,005.00 |
| 2 | Process Fee (Inc. Publication) | 00.00 |
| 3 | Advocate Fee | 1250.00 |
| 4 | Commission/Receiver/Valuation | NIL |
| 5 | Miscellaneous Charges | NIL |
| Total | 26,255.00 |
(Vivek Saxena) Presiding Officer,
Debts Recovery Tribunal,
Jaipur
**
OA No. 783 of 2023
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Dated: 26.10.2023
Counsel: -
Sh. Harish Chandra Sharma along with Sh. Mahendra Rana, Counsel for the Applicant Bank.
Defendants are ex-parte
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.
(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur
**
OA No. 783 of 2023
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Dated: 26.10.2023
Counsel: -
Sh. Harish Chandra Sharma along with Sh. Mahendra Rana Counsel for the Applicant Bank
Defendants are ex-parte
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.
(Vivek Saxena)
Presiding Officer, Debts Recovery Tribunal, Jaipur
**
OA No. 783 of 2023
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DEBTS RECOVERY TRIBUNAL, JAIPUR
ORIGINAL APPLICATION NO. 783 of 2023
The Recovery Certificate prepared in compliance of order dated 26.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 783 of 2023 TitleRajasthan Marudhara Gramin Bank Vs Ramdhan Kha/Khan @ Ramjan Khanhas been checked and may be verified.
Section Officer
Assistant Registrar
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.
Assistant Registrar
Hon'ble Presiding Officer
**
Rajasthan Marudhara Gramin Bank
Ramdhan Khan/Khan @ Ramjan Khan
Hote Kha @ Hota Mohammad
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
