Allowed

Rajasthan Marudhara Gramin Bank v. Pushpa Kanwar

DRT26 Oct 2023OA/991/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by the Rajasthan Marudhara Gramin Bank. The court held the Defendants jointly and severally liable for a NPA agricultural loan of Rs. 28,27,473/- with interest.

What did the court decide?

Recovery Certificate issued for Rs. 28,27,473/- with 10% simple interest, recoverable by selling hypothecated stocks and mortgaged immovable property.

Rajasthan Marudhara Gramin Bank versus Pushpa Kanwar — Banking and Recovery | DRT (2023)

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"ORIGINALAPPLICATION" No: 991 OF 2023 BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 991 OF 2023

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DATE OF DELIVERY OF ORDER 26.10.2023

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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, Bholasar, Dist. Bikaner through its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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……...Applicant

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VERSUS

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Pushpa Kanwar W/O Abhay Singh (Since Deceased Through)

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1.1 Chhota Kanwar D/O Abhay Singh

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Address – Village Bholasar, Teh. Kolayat, Dist. Bikaner - 334001

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Uttam Singh S/O Abhay Singh

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Address – Village HadlaBhatiyan, Kolayat, Dist. Bikaner 334302

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Khuman Alias Khem Singh S/O Abhay Singh

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Address – House No.24, Village Bholasar Budhan, Kolayat, Dist. Bikaner -334001

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Durga Kanwar W/O Bhanwar Singh D/O Abhay Singh

OA No. 991 of 2023

Address – Village Post Kakku, TehNokha, Dist. Bikaner - 334803

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Santosh Kanwar W/O Chatar Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner -334802

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Manohar Kanwar W/O Mahavir Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner – 334802

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Bhagirath Singh S/O Sohan Singh

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Address – Village Bholasar, Budhan, Teh. Kolayat, Dist. Bikaner - 334001

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………. DEFENDANTS

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

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JUDGMENT

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1. The Applicant Bank filed this O.A. on 15.06.2023, against the Defendants for the recovery of a sum of Rs.28,27,473/- 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.

OA No. 991 of 2023

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.

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5. In the result, this O.A. No.991of 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. 28,27,473/- (Twenty-Eight Lakh Twenty-Seven Thousand Four Hundred SeventyThree Only), with future interest @ 10.00 % p.a. (Simple) for KCC and for ATL from the defendants from 28.04.2023 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-in-progress, 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.	(Hect.)	Land	(Hect.)
HadlaRawalotan,
Tehsil Kolayat,
Bikaner	06	216	11.60Hect.	9.942Hect.	9.942 Hect.

OA No. 991 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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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 29.12.2023.

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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)

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Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e.,26.10.2023.

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(Vivek Saxena)

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 991 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 991 OF 2023 DATE OF DELIVERY OF ORDER 26.10.2023

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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, Bholasar, Dist. Bikanerthrough its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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...Applicant.....

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VERSUS

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Pushpa Kanwar W/O Abhay Singh (Since Deceased Through)

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1.1 Chhota Kanwar D/O Abhay Singh

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Address – Village Bholasar, Teh. Kolayat, Dist. Bikaner - 334001

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Uttam Singh S/O Abhay Singh

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Address – Village HadlaBhatiyan, Kolayat, Dist. Bikaner 334302

OA No. 991 of 2023

Khuman Alias Khem Singh S/O Abhay Singh

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Address – House No.24, Village Bholasar Budhan, Kolayat, Dist. Bikaner -334001

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Durga Kanwar W/O Bhanwar Singh D/O Abhay Singh

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Address – Village Post Kakku, TehNokha, Dist. Bikaner - 334803

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Santosh Kanwar W/O Chatar Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner -334802

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Manohar Kanwar W/O Mahavir Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner – 334802

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Bhagirath Singh S/O Sohan Singh

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Address – Village Bholasar, Budhan, Teh. Kolayat, Dist. Bikaner - 334001

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………. DEFENDANTS

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Recovery Certificate for Rs. 28,27,473/-

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In terms of final order dated 26.10.2023 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. 28,27,473/- (Twenty-Eight Lakh Twenty-Seven Thousand Four Hundred Seventy-Three Only), with future interest @ 10.00 % p.a. (Simple) for KCC and for ATL from the defendants as on 15.06.2023 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

OA No. 991 of 2023

and future, raw materials, work-in-progress, semifinished goods and finished goods, packing materials etc.

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and created mortgage of immovable property as under-

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Village	Khata	Khasra	Area	Shared in	Total Area
	No.	No.	(Hect.)	Land	(Hect.)
Hadla
Rawalotan,
Tehsil Kolayat,	06	216	11.60 Hect.	9.942 Hect.	9.942 Hect.
Bikaner				(6/7 part of	(6/7 part of
				total land)	total land)

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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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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.12.2023

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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 26.10.2023.

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

OA No. 991 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT-SHRI VIVEK SAXENA PRESIDING OFFICER O.A. NO. 991 OF 2023 DATE OF DELIVERY OF ORDER 26.10.2023

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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, Bholasar, Dist. Bikanerthrough its Assistant General Manager (SARC) Mr. Upendra Shekhawat.

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...APPLICANT.....

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VERSUS

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Pushpa Kanwar W/O Abhay Singh (Since Deceased Through)

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1.1 Chhota Kanwar D/O Abhay Singh

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Address – Village Bholasar, Teh. Kolayat, Dist. Bikaner - 334001

¶109

Uttam Singh S/O Abhay Singh

¶110

Address – Village HadlaBhatiyan, Kolayat, Dist. Bikaner 334302

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Khuman Alias Khem Singh S/O Abhay Singh

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Address – House No.24, Village Bholasar Budhan, Kolayat, Dist. Bikaner -334001

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Durga Kanwar W/O Bhanwar Singh D/O Abhay Singh

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Address – Village Post Kakku, TehNokha, Dist. Bikaner - 334803

OA No. 991 of 2023

Santosh Kanwar W/O Chatar Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner -334802

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Manohar Kanwar W/O Mahavir Singh, D/O Abhay Singh

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Address – Ward No. 03, Village Dhoopaliya, Teh. Nokha, Dist. Bikaner – 334802

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Bhagirath Singh S/O Sohan Singh

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Address – Village Bholasar, Budhan, Teh. Kolayat, Dist. Bikaner - 334001

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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)	497.00
3	Advocate Fee	1250.00
4	Commission/Receiver/Valuation	NIL
5	Miscellaneous Charges	NIL
	Total	32,752.00

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(Vivek Saxena) Presiding Officer,

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Debts Recovery Tribunal,

Jaipur

OA No. 991 of 2023

Dated: 26.10.2023

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

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(Vivek Saxena)

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 991 of 2023

Dated: 26.10.2023

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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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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.

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The Registrar vide order dated 26.10.2023verified 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)

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Presiding Officer, Debts Recovery Tribunal,

Jaipur

OA No. 991 of 2023

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 991 of 2023

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The Recovery Certificate prepared in compliance of order dated 26.10.2023 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 991 of 2023 Title- Rajasthan Marudhara Gramin Bank Vs Pushpa Kanwar (Deceased) Thr. Lrs &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. Pushpa Kanwar

Case brief

What is this about?

What did the court decide?

Rajasthan Marudhara Gramin Bank v. Pushpa Kanwar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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