Allowed

Central Bank of India v. Ms Sangam Bricks

DRT3 Sept 2025OA/1143/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank’s original application for recovery of Rs. 1.18 crore. The court declared the borrowers and guarantors jointly and severally liable, ordered a recovery certificate, and directed realization from mortgaged and personal assets.

What did the court decide?

Recovery certificate issued for Rs. 1,18,90,503/- with interest, directing recovery from mortgaged land and personal assets of the respondents.

Central Bank of India versus Ms Sangam Bricks — Banking and Recovery | DRT (2025)

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“ORIGINALAPPLICATION” No. 1143 of 2022

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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. 1143 OF 2022

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DATE OF DELIVERY OF ORDER 03.09.2025

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Central Bank of India , a body corporate constituted under The Banking companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its Corporate Office at Chander Mukhi, Nariman Point Mumbai – 400021 and inter alia having its Branch Office at Bhilwara (Raj.), through its Senior Manager Mrs. DILIP KAUR A/c. No. 56242004367 IFSC Code: CBIN0280436.

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…..Applicant Bank…..

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VERSUS

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1. M/s Sangam Bricks through its Partners (1) Mrs. Ram kanya Chhaperwal, (2) Mrs. Kamla Devi & (3) Mrs. Rukmani Devi having its registered office at Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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Also At:-

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Industrial Converted land at khasra no. 196/1, Village Kashi Ramji Ki Khedi, Tehsil Mandal, District Bhilwara-311001.

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2. Mrs. Ramkanya Chhaperwal W/o Shri Hemraj Chhaperwal R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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OA No. 1143 of 2022

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3. Mrs. Kamla Devi Khatik W/o Shri Laxman Lal Khatilk R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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4. Mrs. Rukmani Devi W/o Shri Hajari Mali R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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5. Mr. Hemraj Chhaperwal S/o Shri Mohan Lal Chhaparwal, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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6. Mr. Bhagwan Mali S/o Shri Hajari Mali, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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7. Mr. Udai Lal Khatik S/o Shri Laxman Lal Khatik, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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……Defendants…..

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Counsel for the Applicant Bank Sh. Dhruva Rathore Defendants Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 30.09.2022 for recovery of outstanding amount of Rs. 1,18,90,503/- from the Defendants.

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As per the pleadings, Defendant No. 1 in the capacity of the borrower firm and Defendant no. 2 to 4 in the capacity of Partners and Mortgagor and Defendant no. 5 to 7 in the

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OA No. 1143 of 2022

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capacity of guarantor had approached the applicant bank for availing Cash Credit facility. After due consideration, cash credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2015 vide sanction letter dated 14.08.2015 which was subsequently renewed/ reduced/modified/ enhanced from time to time and lastly renewed for a total sum of Rs. 1 Cr. Defendant No. 5 to 7 signed and executed form of guarantee on 03.03.2020. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 29.06.2021. 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 03.11.2022. None appeared on behalf of the defendants, therefore they were proceeded ex-parte vide order dated 03.07.2023. Shri A.P. Sharma filed an IA No. 2235/2023 for setting aside exparte order dated 03.07.2023 and the same was dismissed vide order dated 24.01.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Dilip Kaur coupled with the recitals in the documents, viz Exhibit A/1 to A/13 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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OA No. 1143 of 2022

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In the result, this O.A. No. 1143 of 2022 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,18,90,503/- (Rupees One Crore Eighteen Lac Ninety Thousand Five Hundred and Three Only) with pendente lite and future interest @ 10% (simple) till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated stock in shop/godown and mortgaged property - Converted Industrial Land situated at Khasra No. 196/1, Village Khasi Ramji Ki Khedi, Tehsil Mandal, District Bhilwara-311001. Admeasuring area – 38824 Sq. mtrs. in the ownership of M/s Sangam Brick through its partners (1) Mrs. Ramkanya Chhaperwal, (2) Mrs. Kamla Devi & (3) Mrs. Rukmani Devi 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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c) 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 26.11.2025 .

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OA No. 1143 of 2022

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Prepare Recovery Certificate accordingly.

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10.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 today i.e. 03.09.2025 .

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

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OA No. 1143 of 2022

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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. 1143 OF 2022

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DATE OF DELIVERY OF ORDER 03.09.2025

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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)

…..Applicant Bank…..

VERSUS

Also At:-

Industrial Converted land at khasra no. 196/1, Village Kashi Ramji Ki Khedi, Tehsil Mandal, District Bhilwara-311001.

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2. Mrs. Ramkanya Chhaperwal W/o Shri Hemraj Chhaperwal R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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OA No. 1143 of 2022

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3. Mrs. Kamla Devi Khatik W/o Shri Laxman Lal Khatilk R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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4. Mrs. Rukmani Devi W/o Shri Hajari Mali R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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5. Mr. Hemraj Chhaperwal S/o Shri Mohan Lal Chhaparwal, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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6. Mr. Bhagwan Mali S/o Shri Hajari Mali, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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7. Mr. Udai Lal Khatik S/o Shri Laxman Lal Khatik, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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……Defendants…..

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Recovery Certificate for Rs. 1,18,90,503/-

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In terms of final order dated 03.09.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,18,90,503/- (Rupees One Crore Eighteen Lac Ninety Thousand Five Hundred and Three Only) with pendente lite and future interest @ 10% (simple) till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated stock in shop/godown and mortgaged property - Converted Industrial Land situated at Khasra No. 196/1, Village

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OA No. 1143 of 2022

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Khasi Ramji Ki Khedi, Tehsil Mandal, District Bhilwara-311001. Admeasuring area – 38824 Sq. mtrs. in the ownership of M/s Sangam Brick through its partners (1) Mrs. Ramkanya Chhaperwal, (2) Mrs. Kamla Devi & (3) Mrs. Rukmani Devi 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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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 26.11.2025 .

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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 03.09.2025 .

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

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OA No. 1143 of 2022

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶86

PRESENT- SHRI VIMAL GUPTA

¶87

PRESIDING OFFICER

¶88

O.A. NO. 1143 OF 2022

¶89

DATE OF DELIVERY OF ORDER 03.09.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

Also At:-

Industrial Converted land at khasra no. 196/1, Village Kashi Ramji Ki Khedi, Tehsil Mandal, District Bhilwara-311001.

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2. Mrs. Ramkanya Chhaperwal W/o Shri Hemraj Chhaperwal R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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OA No. 1143 of 2022

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3. Mrs. Kamla Devi Khatik W/o Shri Laxman Lal Khatilk R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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4. Mrs. Rukmani Devi W/o Shri Hajari Mali R/o Ward No. 5, Sadar Bazar, Village Mod Ka Nimbahera, Tehsil- Asind, District Bhilwara (Raj,).

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5. Mr. Hemraj Chhaperwal S/o Shri Mohan Lal Chhaparwal, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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6. Mr. Bhagwan Mali S/o Shri Hajari Mali, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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7. Mr. Udai Lal Khatik S/o Shri Laxman Lal Khatik, R/o Village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara (Raj.).

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	1,21,005.00
2	Process Fee (Inc. Publication)	446.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	1,22,701.00

¶108

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

OA No. 1143 of 2022

03.09.2025

Counsel:

Sh. Dhruva Rathore, Counsel for Applicant Bank Defendants are ex-parte

¶114

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.

¶115

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

OA No. 1143 of 2022

03.09.2025

Counsel:

Sh. Shri Dhruva Rathore, Counsel for Applicant Bank Defendants are ex-parte

¶121

The Tribunal vide order dated 03.09.2025 , 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 03.09.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be 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

Central Bank of India v. Ms Sangam Bricks

Case brief

What is this about?

What did the court decide?

Central Bank of India v. Ms Sangam Bricks

Case brief

What is this about?

What did the court decide?

What the court decided

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