Allowed

Rajasthan Marudhara Gramin Bank v. Gouvara Devi and Ors.

DRT21 Oct 2023OA/986/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Rajasthan Marudhara Gramin Bank for recovery of Rs. 28,36,300 along with interest against borrowers and a guarantor, concluding they are jointly and severally liable.

What did the court decide?

Respondents ordered to pay Rs. 28,36,300 with future interest; bank entitled to recover via sale of hypothecated stocks and mortgaged property.

Rajasthan Marudhara Gramin Bank versus Gouvara Devi and Ors. — Execution and Attachment | DRT (2023)

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"ORIGINALAPPLICATION" No: 986 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER

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O.A. NO. 986 OF 2023

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DATE OF DELIVERY OF ORDER 21.10.2023

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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, Khari-Charnan, Teh. Kolayat, Dist. Bikaner through its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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……...Applicant Bank

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VERSUS

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1. Gouvara W/O Magha Ram

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Address Line 1 – Village Khari Charnan, P.O. Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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Address Line 2 – Ward no. 08, Village Khari Charnan, Teh. Kolayat, Dist. Bikaner 334001

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(Borrower)

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2. Bhaira Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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3. Durga Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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4. Tiloka Ram S/O Magha Ram

OA No. 986 of 2023

Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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(Co-Borrowers)

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5. Purkha Ram S/O Kheta Ram

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Address Line – Ward no. 06, Village Khari Charnan, Teh. Kolayat Dist. Bikaner 334001

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(Guarantor)

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………. DEFENDANTS

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Counsel for the Applicant Bank: Harish Chandra Sharma & Mahendra Rana Defendants Ex-Parte

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JUDGMENT

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1. The Applicant Bank filed this O.A. on 08.06.2023, against the Defendants for the recovery of a sum of Rs.28,36,300/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 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 and their right to file reply was closed.

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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/17marked 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.

OA No. 986 of 2023

5. In the result, this O.A. No. 986 of 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. 28,36,300/- (TwentyEight Lakh Thirty-Six Thousand Three Hundred Only), with future interest @ 10.00% p.a. (Simple) for KCC and interest @ 10.00% p.a. (Simple) for ATL from the defendants from 29.04.2023 till the date of realization.

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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-

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Village	Khata	Khasra	Area	Shared in	Total Area
	No.	No.	(Bhiga-	Land	(Bhiga-
			Biswa)		Biswa)
Randhisar, Tehsil
Kolayat, Bikaner	N/A	219	51.10 Beegha	51.10 Beegha	51.10 Beegha

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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 18.12.2023 .

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8. Prepare Recovery Certificate accordingly.

OA No. 986 of 2023

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

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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.,21.10.2023.

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

OA No. 986 of 2023

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

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O.A. NO. 986 OF 2023 DATE OF DELIVERY OF ORDER 21.10.2023

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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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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, Khari-Charnan, Teh. Kolayat, Dist. Bikanerthrough its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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...Applicant Bank

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VERSUS

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1. Gouvara W/O Magha Ram

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Address Line 1 – Village Khari Charnan, P.O. Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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Address Line 2 – Ward no. 08, Village Khari Charnan, Teh. Kolayat, Dist. Bikaner 334001

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(Borrower)

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2. Bhaira Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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3. Durga Ram S/O Magha Ram

OA No. 986 of 2023

Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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4. Tiloka Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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(Co-Borrowers)

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5. Purkha Ram S/O Kheta Ram

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Address Line – Ward no. 06, Village Khari Charnan, Teh. Kolayat Dist. Bikaner 334001

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(Guarantor)

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………. DEFENDANTS

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Recovery Certificate for Rs. 28,36,300/-

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In terms of final order dated 21.10.2023 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 the applicant bank a sum of Rs. 28,36,300/- (TwentyEight Lakh Thirty-Six Thousand Three Hundred Only), with future interest @ 10.00% p.a. (Simple) for KCC and interest @ 10.00% p.a. (Simple) for ATL from the defendants as on 29.04.2023 till the date of realization.

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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-

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Village	Khata No.	Khasra No.	Area (Bhiga-Biswa)	Shared in Land	Total Area (Bhiga-Biswa)
Randhisar, Tehsil Kolayat, Bikaner	N/A	219	51.10 Beegha	51.10 Beegha	51.10 Beegha

OA No. 986 of 2023

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 18.12.2023 .

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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 Debtors.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 21.10.2023.

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

OA No. 986 of 2023

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

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O.A. NO. 986 OF 2023 DATE OF DELIVERY OF ORDER 21.10.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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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, Khari-Charnan, Teh. Kolayat, Dist. Bikanerthrough its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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...APPLICANT BANK

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VERSUS

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1. Gouvara W/O Magha Ram

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Address Line 1 – Village Khari Charnan, P.O. Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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Address Line 2 – Ward no. 08, Village Khari Charnan, Teh. Kolayat, Dist. Bikaner 334001

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(Borrower)

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2. Bhaira Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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3. Durga Ram S/O Magha Ram

OA No. 986 of 2023

Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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4. Tiloka Ram S/O Magha Ram

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Address Line– Ward no. 08, Village Khari Charnan Teh. Kolayat, Dist. Bikaner 334001

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(Co-Borrowers)

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5. Purkha Ram S/O Kheta Ram

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Address Line – Ward no. 06, Village Khari Charnan, Teh. Kolayat Dist. Bikaner 334001

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(Guarantor)

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………. DEFENDANTS

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S.	Item of Cost	Amount (Rs.)
No.
1	Fee on the Application	31,005.00
2	Process Fee (Inc. Publication)	636.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	32,891.00

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(Vivek Saxena) Presiding Officer,

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Debts Recovery Tribunal,

Jaipur

OA No. 986 of 2023

Dated: 21.10.2023

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Counsel:-

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

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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 Jajpur 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. 986 of 2023

Dated: 21.10.2023

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Counsel:-

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Sh. Harish Chandra Sharma along with Sh. Mahendra Rana Counsel for the Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 21.10.2023, 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 21.10.2023 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. 986 of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 986 of 2023

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The Recovery Certificate prepared in compliance of order dated 21.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 986 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs GouvaraW/O Magha Ram&Ors. 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. Gouvara Devi and Ors.

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Gouvara Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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