Allowed

State Bank of India v. Mr Jitendra Kumar Nimiwal

DRT1 Jul 2025OA/163/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the Applicant Bank's original application for recovery of outstanding dues of Rs. 28,69,235/- with future interest from the respondents. The Tribunal held the defendants jointly and severally liable and issued a Recovery Certificate authorising recovery from mortgaged property, hypothecated car, and other assets through the Recovery Officer.

What did the court decide?

Recovery Certificate issued for Rs. 28,69,235/- plus 9% p.a. interest from 16.01.2022, to be recovered from mortgaged property, hypothecated car, and other assets via the Recovery Officer.

State Bank of India versus Mr Jitendra Kumar Nimiwal — Banking and Recovery | DRT (2025)

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“ORIGINALAPPLICATION” No. 163 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. 163 OF 2022

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DATE OF DELIVERY OF ORDER 01.07.2025

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STATE BANK OF INDIA, a body corporate constitute under the State Bank of India Act, 1965, having its Corporate Centre at Madam Cama Road, Nariman Point, Mumbai – 400021 and amongst other branch offices, a Branch at SARB, Matrix Mall, Jawahar Nagar, Jaipur, through its Chief Manager.

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Applicant Bank…..

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VERSUS

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1. Mr. Jitendra Kumar Nimiwal , S/o Mr. Shiv Kumar Nimiwal (also as legal heir of Late Smt. Rashmi Khuddiya), resident ofE-79, Murlidhar Vyas Colony, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Also At:-

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2230, SQN, Air Force Station, Nal, Bikaner.

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2. Mr. Pratyush Nimiwal (Minor), legal heir of late Rashmi Khuddiya through his natural guardian Jitnedra Kumar Nimiwal S/o Mr. Shiv Kumar Nimiwal, resident of E-79, Murlidhar Vyas Colony, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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OA No. 163 of 2022

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3. Guneet Nimiwal (Minor), legal heir of late Rashmi Khuddiya through his natural guardian Jitnedra Kumar Nimiwal S/o Mr. Shiv Kumar Nimiwal, resident of E-79, Murlidhar Vyas Colony, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Defendants…..

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Counsel for the Applicant Bank Sh. Alog Garg Counsel for Defendant No. 1 Sh. Rohan Agarwal Defendant No. 2 & 3 Ex-parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 09.02.2022 for recovery of outstanding amount of Rs. 28,69,235/-from the Defendants.

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As per the pleadings,Late Smt. Rashmi Khuddiya and Defendant No. 1 in the capacity of mortgagor and guarantor had approached the applicant bank for the sanction of the home loan for purchase/construction/repair of house. That Late Smt. Rashmi Khuddiya has expired on 26.04.2021 leaving behind her husband i.e. defendant no. 1 and her minor son and a minor daughter who have been impleaded as the Defendant no. 2 and 3 in the present Original Application. Since Defendant no. 1 is already on the array of defendants, he has not been made separate party or defendant as legal heir of Late Smt. Rashmi

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OA No. 163 of 2022

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Khuddiya. After due consideration, home loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2019 vide arrangement letter dated 15.03.2019of Rs. 12 Lac. Defendants were granted home loan facility for of Rs. 8 Lac for the construction/extension of house by the applicant bank vide arrangement letter dated 27.09.2019. Defendants were granted home loan top up of Rs. 7 Lac for the construction/extension of house vide arrangement letter dated 08.01.2021. Defendants were also granted car loan of Rs. 4 Lac vide arrangement letter dated 29.08.2020.Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 11.08.2021. 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 30.03.2022. ShriRohan Agarwal filed Vakalatnama on behalf of the Defendant no. 1 and reply on 27.09.2022. Defendant no. 2 and 3 are legal heir of the Defendant no. 1 as they are minor, therefore Defendant no. 2 and 3 were proceeded exparte on 06.09.2022.

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As per the pleadings, the applicant bank failed to produce any valuation report of the property on the basis of which applicant bank has come to this valuation of the property. It is denied that applicant bank served legal notice on 23.08.2021 and 15.01.2022. It is submitted no such notice was ever received by the defendants. It is also pertinent to mention here that the said notice dated 23.08.2021 was

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OA No. 163 of 2022

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issued against a dead person. This O.A is admitted to the extent that late Smt. Rashmi Khuddiya and defendant no. 1 have approached the applicant bank for the sanction of home loan of Rs. 12 Lac, home loan of Rs. 8 Lac for the construction/extension of house, home loan top up of Rs. 7 Lac for the construction/extension of house and car loan of Rs. 4 Lac. It is submitted that after the expiry of Late Smt. Rashmi Khuddiya the car has been taken by the father of the Late Smt. Rashmi Khuddiya. It is pertinent to mention here that the loan applicant received a subsidy by way of a scheme namely Pradhan Mantri Awas Yojana, whereby the loan applicant credited the amount of subsidy of Rs. 2,35,068/- in the loan account on 11.09.2020. Due to which the principal amount was reduced by Rs. 2,35,068/-.The Defendant paid an amount of Rs. 2,33,800/- on 06.04.2022 and on 08.04.2022 in the home loan accounts and the topup account.

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It is submitted that the Defendant no. 1 and Smt. Rashmi Khuddiya contacted marriage on 18.02.2017 out of the wedlock 2 children were born who are minor. That the Defendant no. 1 and Smt. Rashmi Khuddiya both were employed as government employee. That the Defendant no. 1 and Smt. Rashmi Khuddiya repaid the installments regularly without any default. That Smt. Rashmi Khuddiya expired on 26.04.2021. That on the same day the father of Smt. Rashmi Khuddiya Shri Ganesh Lal lodged an FIR bearing FIR No. 188/2021 against the defendant no. 1 under section 302 and 304-B of Indian Penal Code, 1860

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OA No. 163 of 2022

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alleging that the Defendant no. 1 was used to torture Smt. Rashmi Khuddiya for dowry from his wife and that she was harassed and humiliated in the matrimonial home on any account whatsoever and it was further alleged that defendant no. 1 killed Smt. Rashmi Khuddiya by tangling her and hanging her. Subsequently during the investigation, the defendant no. 1 was arrested on 27.04.2021. That the Defendant no. 1 was bailed out vide dated 11.08.2021 passed by the Hon’ble Rajasthan High Court, Jodhpur Bench. On 25.08.2021 the Defendant no. 2 and Defendant no. 3 through their maternal grandfather filed a suit for permanent injunction against the Defendant no. 1 with a prayer that the Defendant no. 1 shall not create any third party right in respect of the mortgaged property and no hinderance shall be caused in the peaceful use and possession of the Defendant No. 2 and 3 in the disputed property. That along with the said suit and application for temporary injuction was filed under section 39 rule 1 and 2 of the code of Civil Procedure. That a civil suit is pending before the Learned Trial Court, Bikaner for the disputed property as stated above. This O.A. may be dismissed on cost and the Defendant no. 1 is ready to pay the installments as and when the installments become due and any other order may be passed in the favour of the defendants by this Tribunal as the Tribunal may deem fit.

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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

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OA No. 163 of 2022

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Exhibit A/1 to A/19marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendantsare 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. 163 of 2022 is allowed declaring that:-

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a) The Defendants are jointly & severallyliable to pay to the applicant bank a sum of Rs.28,69,235/(Rupees Twenty Eight Lac Sixty Nine Thousand Two Hundred and Thirty Five only) with pendente lite and future interest @ 9% p.a.from 16.01.2022 till the date of realization. Defendant No. 2 and 3 will be represented by their father and they are liable to pay dues to the extent of assets inherited to them.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged propertyi.e.Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner- 334001 and from the sale of Hypothecated assets i.e. Car bearing no. RJ07CD1403, as well as from thepersonal 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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OA No. 163 of 2022

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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 15.09.2025 .

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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 01.07.2025 .

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

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OA No. 163 of 2022

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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. 163 OF 2022

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DATE OF DELIVERY OF ORDER 01.07.2025

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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)

Applicant Bank…..

VERSUS

1. Mr. Jitendra Kumar Nimiwal , S/o Mr. Shiv Kumar Nimiwal (also as legal heir of Late Smt. Rashmi Khuddiya), resident of E-79, Murlidhar Vyas Colony, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Also At:-

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2230, SQN, Air Force Station, Nal, Bikaner.

Also At:-

OA No. 163 of 2022

Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Defendants…..

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Recovery Certificate for Rs. 28,69,235/-/ -

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In terms of final order dated 01.07.2025 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.28,69,235/(Rupees Twenty Eight Lac Sixty Nine Thousand Two Hundred and Thirty Five only)with pendente lite and future interest @ 9% p.a. from 16.01.2022 till the date of realization. Defendant No. 2 and 3 will be represented by their father and they are liable to pay dues to the extent of assets inherited to them.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property i.e. Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner- 334001 and from the sale of Hypothecated assets i.e. Car bearing no. RJ07CD1403, as well as from

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OA No. 163 of 2022

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thepersonal 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 15.09.2025 .

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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 01.07.2025 .

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

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OA No. 163 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. 163 OF 2022

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DATE OF DELIVERY OF ORDER 01.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

Applicant Bank…..

VERSUS

1. Mr. Jitendra Kumar Nimiwal , S/o Mr. Shiv Kumar Nimiwal (also as legal heir of Late Smt. Rashmi Khuddiya), resident of E-79, Murlidhar Vyas Colony, Bikaner, 334001.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Also At:-

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2230, SQN, Air Force Station, Nal, Bikaner.

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Also At:-

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Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

OA No. 163 of 2022

Also At:-

Plot No. D-28, Krishna Vihar, Nathusar, Jaisalmer Road, Bikaner, 334001.

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Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	31,000.00
2	Process Fee (Inc. Publication)	299.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	32,549.00

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

OA No. 163 of 2022

01.07.2025

Counsel:

Sh. Alok Garg, Counsel for Applicant Bank Sh. Rohan Agarwal, Counsel for the Defendant No. 1 Defendants No. 2 & 3 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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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 163 of 2022

01.07.2025

Counsel:

Sh. Alok Garg, Counsel for Applicant Bank Sh. Rohan Agarwal, Counsel for the Defendant No. 1 Defendants No. 2 & 3 are ex-parte

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The Tribunal vide order dated 01.07.2025 , 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 01.07.2025 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

State Bank of India v. Mr Jitendra Kumar Nimiwal

Case brief

What is this about?

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State Bank of India v. Mr Jitendra Kumar Nimiwal

Case brief

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