Allowed

Rajasthan Gramin Bank v. Kashiram

DRT18 Aug 2025OA/780/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the Original Application filed by Rajasthan Gramin Bank for recovery of Rs. 25,54,825/- against two Defendants who default on agricultural loans. The Court declared the Defendants jointly and severally liable and issued a Recovery Certificate allowing recovery from mortgaged and personal assets.

What did the court decide?

Order allowing the application; Defendants liable to pay Rs. 25,54,825/- with interest; Recovery Certificate issued against mortgaged and personal properties.

Rajasthan Gramin Bank versus Kashiram — Execution and Attachment | DRT (2025)

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“ORIGINALAPPLICATION” No. 780 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. 780 OF 2023

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DATE OF DELIVERY OF ORDER 18.08.2025

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Rajasthan Gramin Bank [formerly Rajasthan Marudhara Gramin Bank herein after called as “RGB" vide Gazette Notification S.O. 1633(E) dated 05-04-2025] a Bank constituted under the provisions of the Regional Rural Banks Act, 1976, having its Head Office at Jaipur, Camp office- Jodhpur at Tulsi Tower, 9th B Road, Sardarpura, Jodhpur - 342003, (Rajasthan) and amongst others a Branch Koni & Dist. Sriganganagar, (Rajasthan) now represented through Stressed Asset Resolution Cell (SARC), 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur - 302021 (Rajasthan) through its Senior Manager (SARC) Mr. Aditya Gopal Sharma.

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…..Applicant Bank…..

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VERSUS

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1. Kashiram S/O Bhagirath Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001.

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Also At:-

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Ward No. 06, VPO 2P, Bada, Rohidavali (Sutharan), Teh. & Dist. Sri Ganganagar-335001.

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2. Ramchandra S/o Ramrakh Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001

Also At:-

OA No. 780 of 2023

2 P, Badi Rohidavali Sutharan, Chak 4 H, Bada, Muraba No. 62, Teh. & Dist. Sri Ganganagar-335001.

¶18

……Defendants…..

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Counsel for the Applicant Bank Sh. Harish Chandra Sharma Counsel for the Defendants Sh. Puneet

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JUDGMENT

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This Original Application was filed by the applicant bank on 27.04.2023 for recovery of outstanding amount of Rs. 25,54,825/- from the Defendants.

¶22

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 represented as principal borrower and Defendant no. 2 in the capacity of Guarantor had approached the applicant bank for availing agricultural loan under KCC and ATL facility. After due consideration, agricultural loan under KCC scheme for Rs. 16,94,000 and under ATL scheme for Rs. 2,55,000 were sanctioned by the Applicant Bank in favour of Defendants in the year 2018 vide sanction letter dated 31.03.2018. Defendants failed to maintain financial discipline and therefore, their loan account was

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OA No. 780 of 2023

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classified as NPA dated 31.03.2021 for KCC, NPA dated 31.12.2019 for ATL. 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 20.07.2023 and Sh. Puneet filed Vakalatnama on behalf of the Defendants, but reply has not been filed by the defendants and their right to file reply stands closed on 03.04.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Balwant Singh, AGM 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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In the result, this O.A. No. 780 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. 25,54,825/- (Rupees Twenty Five Lac Fifty Four Thousand Eight Hundred and Twenty Five only) with pendente lite and future interest @ 10% (simple) from the date of filing of this O.A till the date of realization.

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OA No. 780 of 2023

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged/charged properties –

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1. Village 3P Badi Khata No. 33 Muraba No. 3,4,5,6,7,13,38/1 Total Area 26.066 Hect, into which Borrower's share is 1.550 Hect.

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Village 3HH Khata No. 16, Muraba No. 8,27,29,31,53, Total Area 15.258 Нect. into which Borrower's share is 1.928 Hect.

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Village 3HH Khata No. 59, Muraba No. 41, 42,55, 56, 57, 58, 59, 60, 78/18, 78/28, Total Area 22.471 Hect. into which Borrower's share is 1.011 Hect.

¶38

Other properties or assets known to the Applicant Bank are as under: - A) Residential house/land situated at Ward no. 06, VPO, 2 P, Bada, Rohidavali, Teh Ganganagar, Dist. Sriganganagar. B) Dairy/Milch animals market value of 80,000 as on 15.03.2018. The Defendants are restrained from dealings with above properties.

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The Applicant Bank is entitled to recover the above amount 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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OA No. 780 of 2023

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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 31.10.2025 .

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10.Prepare Recovery Certificate accordingly.

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11.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. 18.08.2025 .

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

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OA No. 780 of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

¶54

PRESIDING OFFICER

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O.A. NO. 780 OF 2023

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DATE OF DELIVERY OF ORDER 18.08.2025

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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. Kashiram S/O Bhagirath Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001.

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Also At:-

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Ward No. 06, VPO 2P, Bada, Rohidavali (Sutharan), Teh. & Dist. Sri Ganganagar-335001.

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2. Ramchandra S/o Ramrakh Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001

Also At:-

OA No. 780 of 2023

2 P, Badi Rohidavali Sutharan, Chak 4 H, Bada, Muraba No. 62, Teh. & Dist. Sri Ganganagar-335001.

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……Defendants…..

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Recovery Certificate for Rs. 25,54,825/-

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In terms of final order dated 18.08.2025 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. 25,54,825/- (Rupees Twenty Five Lac Fifty Four Thousand Eight Hundred and Twenty Five only) with pendente lite and future interest @ 10% (simple) from the date of filing of this O.A till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged/charged properties –

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1. Village 3P Badi Khata No. 33 Muraba No. 3,4,5,6,7,13,38/1 Total Area 26.066 Hect, into which Borrower's share is 1.550 Hect.

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1. Village 3HH Khata No. 16, Muraba No. 8,27,29,31,53, Total Area 15.258 Нect. into which Borrower's share is 1.928 Hect.

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Village 3HH Khata No. 59, Muraba No. 41, 42,55, 56, 57, 58, 59, 60, 78/18, 78/28, Total Area 22.471 Hect. into which Borrower's share is 1.011 Hect.

OA No. 780 of 2023

c) The applicant bank is entitled to the costs of the O.A. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 31.10.2025 .

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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 18.08.2025 .

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

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OA No. 780 of 2023

¶88

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶89

PRESENT- SHRI VIMAL GUPTA

¶90

PRESIDING OFFICER

¶91

O.A. NO. 780 OF 2023

¶92

DATE OF DELIVERY OF ORDER 18.08.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Kashiram S/O Bhagirath Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001.

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Also At:-

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Ward No. 06, VPO 2P, Bada, Rohidavali (Sutharan), Teh. & Dist. Sri Ganganagar-335001.

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2. Ramchandra S/o Ramrakh Bishnoi, Address - Village Rohidavali, P.O Rohidavali, Teh. & Dist. Sri Ganganagar335001

Also At:-

OA No. 780 of 2023

2 P, Badi Rohidavali Sutharan, Chak 4 H, Bada, Muraba No. 62, Teh. & Dist. Sri Ganganagar-335001.

¶106

……Defendants…..

¶107

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	28,005.00
2	Process Fee (Inc. Publication)	424.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	29,679.00

¶108

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

OA No. 780 of 2023

18.08.2025

Counsel:

Sh. Harish Chandra Sharma, Counsel for Applicant Bank Shri Puneet, Counsel for the Defendants

¶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. 780 of 2023

18.08.2025

Counsel:

Sh. Harish Chandra Sharma, Counsel for Applicant Bank Shri Puneet, Counsel for the Defendants

¶121

The Tribunal vide order dated 18.08.2025 , 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 18.08.2025 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

Rajasthan Gramin Bank v. Kashiram

Case brief

What is this about?

What did the court decide?

Rajasthan Gramin Bank v. Kashiram

Case brief

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What did the court decide?

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