Baroda Rajasthan Kshetriya Gramin Bank versus Sh. Ekaraj Singh

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“ORIGINALAPPLICATION” No. 1097 of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1097 OF 2023

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DATE OF DELIVERY OF ORDER 14.07.2025

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Rajasthan Gramin Bank, A body corporate constituted under the provisions of the Regional Rural Banks Act, 1976 and the Gazette Notification S.O. 1633E dated 05.01.2025, having its Head Office at Jaipur (Rajasthan) with its camp office at Tulsi Tower, 9^th B Road, Sardarpura, Jodhpur – 342003 amongst others Branch at Suwasan District Bundi, 323021, Rajasthan now represented through the Secured Asset Resolution Cell situated at 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur, 302021, Rajasthan.

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…..Applicant Bank…..

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VERSUS

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1. Sh. Ekaraj Singh S/o Shri Bhanwar Singh, village & post Bathwara, Tehsil Bundi, Distt. Bundi, 323021 (Rajasthan)

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2. Following being legal heirs of deceased Smt. Sajjan Bai Urf Bhanwar Bai W/o Shri Narsingh

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2.1 EkarajSingh S/o Shri Bhanwar Singh

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2.2 Rajendra Singh S/o Shri Bhanwar Singh

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2.3 Ms. Vishnu Kanwar D/o Sh. Bhanwar Singh

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2.4 Shanker Singh S/o Sh. Bhanwar Singh

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2.5 Bhagwat Singh S/o Sh. Bhanwar Singh

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2.6 Krishna Bai D/o Smt. Bhanwar Bai Father Kanha Singh

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2

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OA No. 1097 of 2023

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2.7 Narendra Singh S/o Smt. Bhanwar Bai Father Kanha Singh 2.8 Prahlad Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.9 Bhagwan Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.10 Bhanwar Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.11 Rukman Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.12 Suraj Bhan Singh S/o Smt. Bhanwar Bai Father Kanha Singh

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2.13 Girdhar Kanwar D/o Bhopal Singh

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2.14 Gajendra Singh S/o Mother Khan Bai Father Pabu Singh

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2.15 Nand Singh S/o Mother Khan Bai Father Pabu Singh

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2.16 Brij Raj Singh S/o Mother Khan Bai Father Pabu Singh

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2.17 Pushpa Bai W/o Late Shri Dashrath Singh

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All the Legal heir of the deceased Smt. Sajjan Bai Urf Bhanwar Bai, to the best of knowledge and available record are resident of village & post Bathwara, Tehsil Bundi Distt. Bundi 323021 (Rajasthan)- Borrower Co- Borrower being legal heirs of deceased borrower.

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3. Shri Swaroop Singh S/o Shri Amar Singh village & Post Anthara Tehsil Bundi, District Bundi-323021 (Rajasthan)Guarantor.

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4. Bheru Singh S/o Uday Singh village & Post Anthara Teshil Bundi, District Bundi-323021 (Rajasthan)- Guarantor.

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……Defendants…..

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Counsel for the Applicant Bank Sh. K. K. Jain Defendants Ex parte

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OA No. 1097 of 2023

JUDGMENT

This Original Application was filed by the applicant bank on 05.07.2023 for recovery of outstanding amount of Rs. 23,52,115/from the Defendants.

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With effect from 01st May 2025, as per Gazette Notification No. S.O. 1633(E) dated 05.04.2025, issued by the Government of India, Ministry of Finance, the erstwhile RMGB and BRKGB are amalgamated to form a new entity “Rajasthan Gramin Bank” . Therefore, counsel for the applicant filed amended cause title on 22.05.2025.

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As per the pleadings, Defendant No. 1 and Smt. Sajjan Bai Urf Bhanwari Bai W/o Shri Narsingh during her life time (now since deceased) represented as principal borrower and Defendant no. 3 & 4 in the capacity of guarantor had approached the applicant bank for crop loan under scheme of Kishan Credit Card facility and for OD against property loan. After due consideration, Kishan Credit Card facility and OD against property were sanctioned by the Applicant Bank in favour of Defendants in the year 2014 vide sanction letter dated 18.04.2014 for a total sum of Rs. 13 Lac and 1 Lac respectively. Defendant No. 1 and Smt. Sajjan Bai Urf Bhanwari Bai W/o Shri Narsingh during her life time (now since deceased) submitted above loan applications along with copy of Jamabandi and Khasra Gidawari of Irrigated agriculture land owned by principal borrowers now inherited, on account of death of Smt. Sajjan Bai, by the legal heirs mentioned at Defendant No. 2.1 to 2.17 of the title of the OA. Defendants failed to maintain financial discipline

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OA No. 1097 of 2023

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and therefore, their loan account was classified as NPA on 23.05.2022. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 21.08.2023. Counsel for the Applicant has filed proof of service along with affidavit in support of service. None appeared for the Defendants despite service therefore, they were proceeded ex-parte on 16.04.2025.

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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/39 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. 1097 of 2023 is allowed declaring that: -

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a) The Defendants No. 1, 3 and 4 are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,52,115/- (Rupees Twenty Three Lac Fifty Two Thousand One Hundred and Fifteen only) with pendente lite and future interest @ 9% p.a. till the date of realization.

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b) Defendant No. 2.1 to 2.17 are liable to the extent assets devolved.

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5

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OA No. 1097 of 2023

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c) The applicant bank is entitled to recover the above amount from the sale of mortgaged properties – 1) In Gram Bathwara former Khata No. 52 (Samwat 2067-70) New Khata No. 2 (Samwat 2071-74) Khasra No. 29, 29/377, 60, 83, 92, 112, 181, 190, 196, 207, 208, 214, 239, 271, 292 Total Khasra 15 Rakba formerly 103 Bigha, now 15.856 Hect. – Share ¼ therein of Sajja Bai = formerly 25 Bigha 15 Biswa now 3.9642 Hect. and 2) In Gram Bathwara former Khata 53 (Samwat 2067-70) New Khata No. 60 (Samwat 2071-74) Khasra No. 84 Rakba 17.14 Bigha formerly now 2.7223 Hect. – Share 88/354 of Sajjan Bai = formerly 4.8 Bigha and now 0.6767 Hect., thus total land mortgaged formerly 30.03 Bighas now said to be 4.6409 Hect. 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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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 06.10.2025 .

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OA No. 1097 of 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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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court on 14.07.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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7

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OA No. 1097 of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1097 OF 2023

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DATE OF DELIVERY OF ORDER 14.07.2025

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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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Rajasthan Gramin Bank, A body corporate constituted under the provisions of the Regional Rural Banks Act, 1976 and the Gazette Notification S.O. 1633E dated 05.01.2025, having its Head Office at Jaipur (Rajasthan) with its camp office at Tulsi Tower, 9^th B Road, Sardarpura, Jodhpur – 342003 amongst others Branch at Suwasan District Bundi, 323021, Rajasthan now represented through the Secured Asset Resolution Cell situated at 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur, 302021, Rajasthan.

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…..Applicant Bank…..

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VERSUS

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1. Sh. Ekaraj Singh S/o Shri Bhanwar Singh, village & post Bathwara, Tehsil Bundi, Distt. Bundi, 323021 (Rajasthan)

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2. Following being legal heirs of deceased Smt. Sajjan Bai Urf Bhanwar Bai W/o Shri Narsingh

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2.1 EkarajSingh S/o Shri Bhanwar Singh

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2.2 Rajendra Singh S/o Shri Bhanwar Singh

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2.3 Ms. Vishnu Kanwar D/o Sh. Bhanwar Singh

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2.4 Shanker Singh S/o Sh. Bhanwar Singh

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2.5 Bhagwat Singh S/o Sh. Bhanwar Singh

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2.6 Krishna Bai D/o Smt. Bhanwar Bai Father Kanha Singh

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8

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OA No. 1097 of 2023

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2.7 Narendra Singh S/o Smt. Bhanwar Bai Father Kanha Singh 2.8 Prahlad Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.9 Bhagwan Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.10 Bhanwar Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.11 Rukman Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.12 Suraj Bhan Singh S/o Smt. Bhanwar Bai Father Kanha Singh

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2.13 Girdhar Kanwar D/o Bhopal Singh

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2.14 Gajendra Singh S/o Mother Khan Bai Father Pabu Singh

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2.15 Nand Singh S/o Mother Khan Bai Father Pabu Singh

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2.16 Brij Raj Singh S/o Mother Khan Bai Father Pabu Singh

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2.17 Pushpa Bai W/o Late Shri Dashrath Singh

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All the Legal heir of the deceased Smt. Sajjan Bai Urf Bhanwar Bai, to the best of knowledge and available record are resident of village & post Bathwara, Tehsil Bundi Distt. Bundi 323021 (Rajasthan)- Borrower Co- Borrower being legal heirs of deceased borrower.

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3. Shri Swaroop Singh S/o Shri Amar Singh village & Post Anthara Tehsil Bundi, District Bundi-323021 (Rajasthan)Guarantor.

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4. Bheru Singh S/o Uday Singh village & Post Anthara Teshil Bundi, District Bundi-323021 (Rajasthan)- Guarantor.

……Defendants…..

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OA No. 1097 of 2023

Recovery Certificate for Rs. 23,52,115/ -

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In terms of final order dated 14.07.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants No. 1, 3 and 4 are jointly & severally liable to pay to the applicant bank a sum of Rs. 23,52,115/- (Rupees Twenty Three Lac Fifty Two Thousand One Hundred and Fifteen only) with pendente lite and future interest @ 9% p.a. till the date of realization.

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b) Defendant No. 2.1 to 2.17 are liable to the extent assets devolved.

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c) The applicant bank is entitled to recover the above amount from the sale of mortgaged properties – 1) In Gram Bathwara former Khata No. 52 (Samwat 2067-70) New Khata No. 2 (Samwat 2071-74) Khasra No. 29, 29/377, 60, 83, 92, 112, 181, 190, 196, 207, 208, 214, 239, 271, 292 Total Khasra 15 Rakba formerly 103 Bigha, now 15.856 Hect. – Share ¼ therein of Sajja Bai = formerly 25 Bigha 15 Biswa now 3.9642 Hect. and 2) In Gram Bathwara former Khata 53 (Samwat 2067-70) New Khata No. 60 (Samwat 2071-74) Khasra No. 84 Rakba 17.14 Bigha formerly now 2.7223 Hect. – Share 88/354 of Sajjan Bai = formerly 4.8 Bigha and now 0.6767 Hect., thus total land mortgaged formerly 30.03 Bighas now said to be 4.6409 Hect. as well as from the personal movable and

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10

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OA No. 1097 of 2023

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immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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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 06.10.2025 .

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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 14.07.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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11

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OA No. 1097 of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1097 OF 2023

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DATE OF DELIVERY OF ORDER 14.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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Rajasthan Gramin Bank, A body corporate constituted under the provisions of the Regional Rural Banks Act, 1976 and the Gazette Notification S.O. 1633E dated 05.01.2025, having its Head Office at Jaipur (Rajasthan) with its camp office at Tulsi Tower, 9^th B Road, Sardarpura, Jodhpur – 342003 amongst others Branch at Suwasan District Bundi, 323021, Rajasthan now represented through the Secured Asset Resolution Cell situated at 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur, 302021, Rajasthan.

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…..Applicant Bank…..

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VERSUS

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1. Sh. Ekaraj Singh S/o Shri Bhanwar Singh, village & post Bathwara, Tehsil Bundi, Distt. Bundi, 323021 (Rajasthan)

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2. Following being legal heirs of deceased Smt. Sajjan Bai Urf Bhanwar Bai W/o Shri Narsingh

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2.1 EkarajSingh S/o Shri Bhanwar Singh

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2.2 Rajendra Singh S/o Shri Bhanwar Singh

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2.3 Ms. Vishnu Kanwar D/o Sh. Bhanwar Singh

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2.4 Shanker Singh S/o Sh. Bhanwar Singh

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2.5 Bhagwat Singh S/o Sh. Bhanwar Singh

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2.6 Krishna Bai D/o Smt. Bhanwar Bai Father Kanha Singh

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12

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OA No. 1097 of 2023

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2.7 Narendra Singh S/o Smt. Bhanwar Bai Father Kanha Singh 2.8 Prahlad Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.9 Bhagwan Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.10 Bhanwar Singh Son of Smt. Bhanwar Bai Father Kanha Singh

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2.11 Rukman Bai D/o Smt. Bhanwar Bai Father Kanha Singh 2.12 Suraj Bhan Singh S/o Smt. Bhanwar Bai Father Kanha Singh

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2.13 Girdhar Kanwar D/o Bhopal Singh

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2.14 Gajendra Singh S/o Mother Khan Bai Father Pabu Singh

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2.15 Nand Singh S/o Mother Khan Bai Father Pabu Singh

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2.16 Brij Raj Singh S/o Mother Khan Bai Father Pabu Singh

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2.17 Pushpa Bai W/o Late Shri Dashrath Singh

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All the Legal heir of the deceased Smt. Sajjan Bai Urf Bhanwar Bai, to the best of knowledge and available record are resident of village & post Bathwara, Tehsil Bundi Distt. Bundi 323021 (Rajasthan)- Borrower Co- Borrower being legal heirs of deceased borrower.

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3. Shri Swaroop Singh S/o Shri Amar Singh village & Post Anthara Tehsil Bundi, District Bundi-323021 (Rajasthan)Guarantor.

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4. Bheru Singh S/o Uday Singh village & Post Anthara Teshil Bundi, District Bundi-323021 (Rajasthan)- Guarantor.

……Defendants…..

13

OA No. 1097 of 2023

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00
2	Process Fee (Inc. Publication)	15,432.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	42,682.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

14

OA No. 1097 of 2023

14.07.2025

Counsel: Sh. K. K. Jain, 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 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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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

15

OA No. 1097 of 2023

14.07.2025

Counsel: Sh. K. K. Jain, Counsel for Applicant Bank Defendants are exparte

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The Tribunal vide order dated 14.07.2025 , 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 14.07.2025 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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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

Baroda Rajasthan Kshetriya Gramin Bank v. Sh. Ekaraj Singh

Case brief

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Baroda Rajasthan Kshetriya Gramin Bank v. Sh. Ekaraj Singh

Case brief

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What the court decided

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