Allowed

Rajasthan Gramin Bank v. Sunita

DRT5 Dec 2025OA/1608/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's original application for recovery of outstanding loan dues from the legal heirs of the deceased borrower and a personal guarantor. The court directed the issuance of a recovery certificate authorizing recovery from the sale of specific agricultural land and other assets.

What did the court decide?

Recovery Certificate issued for Rs. 32,97,425/- with 8% interest, recoverable from sale of specific agricultural land and properties of the joint respondents.

Rajasthan Gramin Bank versus Sunita — Banking and Recovery | DRT (2025)

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“ORIGINALAPPLICATION” No. 1608 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1608 OF 2023

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DATE OF DELIVERY OF ORDER 05.12.2025

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Rajasthan Gramin Bank , herein after called as "RGB" (before amalgamation w.e.f. 01.05.2025 vide Gazette Notification S.O. 1633(E) dated 05.04.2025, known as Rajasthan Marudhara Gramin Bank), a Government of India Undertaking, a body corporate constituted under the provisions of the Regional Rural Banks Act, 1976, having its Head Office at Jaipur with its Camp Office at Tulsi Tower, 9th B Road, Sardarpura, Jodhpur342003, Rajasthan and having branches across various districts in Rajasthan, including one of its Branch Office at Rawatsar, District Hanumangarh (Raj.) presently represented through Stressed Assets Resolution Cell, Vaishali Nagar, Jaipur.

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…..Applicant Bank…..

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VERSUS

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1. Smt. Sunita W/o Lt. Palaram Meghwal, Aged 40 Years, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

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Also at : C/o Lekhram Meghwal, Village Birkali, Tehsil Nohar, Dist. Hanumangarh 335523 Rajasthan.

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2. Smt. Nirani Devi W/o Patram, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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3. Rajneesh S/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

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4. Lalita D/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

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5. Rajendra Kumar S/o Shri Chananram, R/o Ward No. 5, 22AG, Taranagar, 23AG, Dist. Hanumangarh -335524, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vikram Dagur Defendants Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 26.10.2023 for recovery of outstanding amount of Rs. 32,97,425/- from the Defendants.

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As per the pleadings, the Defendant No. 1 to 4 are legal heir of Deceased Borrower Palaram who died on 25.07.2022 and Borrower who had applied and availed agricultural loan under KCC and Agriculture Term Loan from the applicant bank's Branch related to the present Application/O.A. That the defendant No. 5 is the personal Guarantor. On the request of the deceased Palaram husband/son/father of defendant No. l to 4 and on guarantee of Defendant No. 5, the applicant bank sanctioned loan under Kisan Credit Card Scheme (KCC) of Rs. 31,44,000/- & Agriculture ATL for Rs. 3,40,000/- total of Rs. 34,84,000/-. Hence, the defendant No. l to 4 as Legal heir of deceased borrower and Defendant

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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No. 5 as Personal Guarantor, all defendants are liable for the repayment of outstanding dues to the applicant bank jointly and severally.

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It is submitted that the Applicant Bank considered the request of Deceased Borrower Palaram and sanctioned Agricultural Loan vide sanction letter dated 13.03.2018 under KCC Scheme for Rs. 31,44,000/- & Agriculture ATL for Rs.3,40,000/- to the defendant, and conveyed the sanctioned letter to the Deceased Borrower Palaram & guarantor, wherein all the terms and conditions are of the sanction had been mentioned. The Deceased Borrower Palaram & guarantor after carefully reading and understanding all the terms & Conditions of the sanctions put their signature on the sanctioned letter as token of acceptance of the all terms & conditions of the said loan(s).

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It is submitted that to avail the sanctioned loan(s) the Deceased Borrower Palararn who is Husband,/son/Father of Defendant No. l to 4, created the Charge on his Agriculture Land.

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The defendants have paid one ATL loan account fully but not paid the dues of the KCC account despite the demands.

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It is submitted that the Defendants, who are jointly and severally liable for repayment of dues related to the present application failed to honour the commitments in the matter of Repayment of Dues to the Applicant Bank and also failed in adhering to the financial discipline as per the agreed terms, after availing loans under the Credit Facility(ies), related to the present O.A. The Applicant Bank was from time to time assured by the Defendants that the liability shall be liquidated soon, pertaining to the dues of the said Credit Facility(ies), related to the present O.A. The Defendants however failed to liquidate and pay the dues of

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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Account and the dues remained always outstanding, for the said Credit Facilities, related to the present O.A. After other Oral & Written demands being made for liquidation of total dues or for clearing the liability of the Credit Facility(ies) related to the present O.A., on account of no steps being taken by the Defendants for liquidation of total dues, the Applicant Bank classified the Account as NPA. KCC Account No. 83050007577 on 17.03.2023, as per the terms of guidelines as to the Income Recognition and prudential accounting norms of RBI. Thereafter, the Applicant Bank has sent the Legal Notice dated 22.09.2023 sent to the Defendants through Bank's advocate. The Defendants, after the said notice(s) being sent to them, did not attempted to settle the account. As the dues were not cleared by the Defendants related to the present O.A., without prejudice to the rights of the Applicant Bank to proceed further under the law, the Applicant Bank also has a right to file the present O.A., also within the limitation prescribed under the law of land.

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It is submitted that the Applicant possess a right to recover the liability of loan facilities related to the present Application, mentioned here in above with interest as mentioned therein, from the Defendants Jointly and Severally and the Applicant also has a right to recover the said liability by Sale and appropriation of net sale proceeds of the Charged Properties, related to the present Application which have been described at appropriate places in this O.A. All such rights possessed by the Applicant, are without prejudice to one another. The Applicant Bank is also entitled to recover penalties & other charges etc. which are further met by for accounts of Defendants. related to the Present Application.

¶36

It is submitted that the Defendants failed to maintain the Financial Discipline & defaulted in the terms of repayment of the

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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dues of the Applicant and the Loan Account(s), related to the present Application was irregular and overdue. as already narrated. However, as already submitted, without prejudice to the Rights of the Applicant Bank to proceed the recovery of dues related to the Present Application, under the law, the Applicant bank possesses a right to file the Present Application/O.A. also. Thus, the present Application is filed by the Applicant Bank, without prejudice to its other rights.

¶41

Summons were issued to the Defendants on 24.07.2024. Despite service none appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 16.07.2025.

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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 Upendra Shekhawat coupled with the recitals in the documents, viz Exhibit A/1 to A/14 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.

¶44

In the result, this O.A. No. 1608 OF 2023 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. 32,97,425/- (Rupees Thirty Two Lac Ninety Seven Thousand Four Hundred and Twenty Five only) with pendente lite

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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and future interest @ 8% (simple) from 14.10.2023 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 assets and charged properties – Agriculture Land bearing Khata No. 3, P.No. 171/358(4), 170/358(5), 170/359(12), 171/359(13), 171/360(14), 171/361(26) 1/2 share area 7.148 Hectares out of 14.296 Hectares, at Village/Chak 8RP Sahit, Patwar Halka Ranjeetpura, Tehsil & Dist Hanumangarh (Raj) belonging to Deceased borrower Palaram who is Husband/son/Father of Defendant No. 1 to 4 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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13.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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14.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 31.12.2025 .

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15.Prepare Recovery Certificate accordingly.

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16.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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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. 05.12.2025 .

¶62

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

¶63

Order signed & uploaded on 08.12.2025.

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¶65

OA No. 1608 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1608 OF 2023

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DATE OF DELIVERY OF ORDER 05.12.2025

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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

1. Smt. Sunita W/o Lt. Palaram Meghwal, Aged 40 Years, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

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Also at : C/o Lekhram Meghwal, Village Birkali, Tehsil Nohar, Dist. Hanumangarh 335523 Rajasthan.

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2. Smt. Nirani Devi W/o Patram, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

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3. Rajneesh S/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

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Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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4. Lalita D/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

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5. Rajendra Kumar S/o Shri Chananram, R/o Ward No. 5, 22AG, Taranagar, 23AG, Dist. Hanumangarh -335524, Rajasthan.

¶84

……Defendants…..

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Recovery Certificate for Rs. 32,97,425/-

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In terms of final order dated 05.12.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶87

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 32,97,425/- (Rupees Thirty Two Lac Ninety Seven Thousand Four Hundred and Twenty Five only) with pendente lite and future interest @ 8% (simple) from 14.10.2023 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 assets and charged properties – Agriculture Land bearing Khata No. 3, P.No. 171/358(4), 170/358(5), 170/359(12), 171/359(13), 171/360(14), 171/361(26) 1/2 share area 7.148 Hectares out of 14.296 Hectares, at Village/Chak 8RP Sahit, Patwar Halka Ranjeetpura, Tehsil & Dist Hanumangarh (Raj) belonging to Deceased borrower Palaram who is Husband/son/Father of Defendant No. 1 to 4 as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is

¶89

Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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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 31.12.2025 .

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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 05.12.2025 .

¶97

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

¶98

Order signed & uploaded on 08.12.2025.

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¶100

OA No. 1608 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

¶103

O.A. NO. 1608 OF 2023

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DATE OF DELIVERY OF ORDER 05.12.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Smt. Sunita W/o Lt. Palaram Meghwal, Aged 40 Years, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

¶111

Also at : C/o Lekhram Meghwal, Village Birkali, Tehsil Nohar, Dist. Hanumangarh 335523 Rajasthan.

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2. Smt. Nirani Devi W/o Patram, R/o Village & Post Ranjeetpura, Tehsil Rawatsar, Dist. Hanumangarh -335524 Rajasthan.

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3. Rajneesh S/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

¶114

Order signed & uploaded on 08.12.2025.

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OA No. 1608 OF 2023

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4. Lalita D/o Lt. Palaram, through natural guardian mother Def. No. 1 Smt. Sunita W/o Lt. Palaram Meghwal

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5. Rajendra Kumar S/o Shri Chananram, R/o Ward No. 5, 22AG, Taranagar, 23AG, Dist. Hanumangarh -335524, Rajasthan.

¶119

……Defendants…..

¶120

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	35,005.00
2	Process Fee (Inc. Publication)	226.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	36,481.00

¶121

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

¶122

Order signed & uploaded on 08.12.2025.

OA No. 1608 OF 2023

05.12.2025

Counsel:

Sh. Vikram Dagur, Counsel for Applicant Bank 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.

¶129

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

¶130

Order signed & uploaded on 08.12.2025.

OA No. 1608 OF 2023

05.12.2025

Counsel:

Sh. Vikram Dagur, Counsel for Applicant Bank Defendants are ex-parte

¶136

The Tribunal vide order dated 05.12.2025 , 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 05.12.2025 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.

¶138

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

¶139

Order signed & uploaded on 08.12.2025.

Rajasthan Gramin Bank v. Sunita

Case brief

What is this about?

What did the court decide?

Rajasthan Gramin Bank v. Sunita

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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