Dismissed

Saroj Devi v. India Shelter Finance Corporation Limited

DRT8 Dec 2025SA/484/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal considered an application for damages regarding property damage caused by banks' guards during recovery. The Tribunal held that since possession was not wrongful, the compensation application was not maintainable.

What did the court decide?

Application for damages of Rs. 30.00 Lac was dismissed; Securitization Application and pending interim applications were disposed of.

Saroj Devi versus India Shelter Finance Corporation Limited — Banking and Recovery | DRT (2025)

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Item No. 101

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Case No.SA/484/2023

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SAROJ DEVI Vs INDIA SHELTER FINANCE CORPORATION LIMITED

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Date: 08.12.2025.

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Proceedings through hybrid mode Present:

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Shri Sanjeev Sharma, Power of the Attorney Holder for the Applicant

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Shri Pramod Kumar, Counsel for the Respondent Bank/FI

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Shri Ramnaresh Vijay, Counsel for the Respondent no. 5

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Shri Abhinav Kasliwal, Counsel for the Respondent no. 6

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None for the Respondent no. 2 to 4

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Heard arguments. Counsel for the respondent bank submits that only after other bank came before the Tribunal, they came to know about the multiple charges on the property and investigation was carried out by them and they found that the borrowers have played fraud with them and have given fake documents of the property. He further submits that bona fide they have acted in the best interest of the institution to recover the money.

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There is an IA no. 1393/2025 filed by the applicant seeks damages of Rs. 30.00 Lac. It is argued by power of attorney holder of the applicant that the respondent bank has placed their guards in the property, but his property is damaged and he is liable to seek compensation.

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The Tribunal is empowered to grant compensation in case it comes to the conclusion that wrongful possession has been taken, but in the present case possession was not taken wrongfully and it was taken on the basis of documents available with the respondent, therefore, this application for compensation cannot be entertained as the possession has already been restored. Accordingly, this IA no. 1393/2025 stands dismissed.

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This Securitization Application and all the pending interim applications also stand disposed of. File be consigned to record, as per rules. Copy of order be uploaded on website.

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur

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Saroj Devi v. India Shelter Finance Corporation Limited

Case brief

What is this about?

What did the court decide?

Saroj Devi v. India Shelter Finance Corporation Limited

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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