Allowed

State Bank of India v. Pratap Parihar

DRT13 Aug 2026OA/1014/2024

Case brief

AI extract

What is this about?

In this original application, the State Bank of India sought recovery of outstanding dues of Rs. 43,41,927 against three defendants who failed in their loan commitments, leading to classification of the account as NPA. The defendants contested claims alleging banking irregularities and denial of funds. The Tribunal, relying on documentary evidence, upheld the bank's claim, held defendants jointly and severally liable, and issued a Recovery Certificate entitling the bank to recover dues from the defendants' assets.

What did the court decide?

OA decreed for Rs. 43,41,927 with future interest @ 8% p.a.; Recovery Certificate issued for recovery from mortgaged/hypothecated assets and personal properties within 3 months.

State Bank of India versus Pratap Parihar — Contract and Commercial Disputes | DRT (2026)

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OA No. 1014 of 2024

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“ORIGINAL APPLICATION” No. 1014 of 2024

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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. 1014 OF 2024

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DATE OF DELIVERY OF ORDER 13.08.2026

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STATE BANK OF INDIA , a Body Corporate constituted under the State Bank of India Act, 1955 (23 of 1955), having its Corporate Office at State Bank Bhawan, 14th Floor, Madam Cama Road, Nariman Point, Mumbai, 400021, and branch all over India, including one of its branch/offices Stressed Assets Recovery Branch (SARB) at 3rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur, through its Chief Manager Shri Hari Om Goyal.

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…..Applicant Bank…..

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VERSUS

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1. Shri Pratap Parihar S/o Shri Ratana Ram Parihar, Sagar Road, Street No. 1, Gurunanak Nagar, Bikaner, Rajasthan334001.

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2. Shri Ratana Ram Parihar S/o Shri Aaduram, 64, Sagar Road, Gali No. 1, Near Haldi Ram Pyua, Nanak Nagar, Bikaner, Rajasthan-334001.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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3. M/s Geeta Food Industries , 5 D 23, Jai Narayan Vyas Colony, Bikaner through sole prop. Shri Pratap Parihar Son of Shri Ratana Ram Parihar.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Shantanu Soni Counsel for the Defendants Sh. H. P. Bairwa

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JUDGMENT

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This Original Application was filed by the applicant bank on 29.06.2024 for recovery of outstanding amount of Rs. 43,41,927/- from the Defendants.

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As per the pleadings, Defendant No. 1 is borrower, Defendant No. 2 is Co-borrower, mortgager and guarantor and Defendant No. 3 is borrower. The Defendants had approached the applicant bank for availing Home Loan facility and top-up loan facility.

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After due consideration, the said facilities i.e. Home Loan, Surksha Loan and Top up loan was sanctioned by the Applicant Bank in favour of Defendants in the year 2022 vide arrangement letter dated 25.03.2022 for a total sum of Rs. 26.48 Lac (Home loan of Rs. 5.98 and Top up loan of Rs. 20.50 Lac).

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It is submitted that in order to further secured the advance facility by defendant no. 2 Shri Ratna Ram Equitable

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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mortgage of his property 19 Khasra No. 30/19, Ridmalsar Purohitan, Bikaner-334001 by depositing Original Patta Vilekh dated 11/11/2003 with site plan of UIT, Bikaner.

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Defendants were also granted Cash Credit facility of Rs. 2.85 Lac and Term Loan of Rs. 11.19 Lac by the applicant bank vide arrangement letter dated 19.01.2023.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 21.10.2023. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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It is submitted that the Plaintiff Bank is a scheduled Bank and transaction of loan is commercial, so the Plaintiff Bank is legally entitled to recover in following Loan Accounts: -

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S. No.	Facility	Outstanding Rs.
1.	Home Loan	5,35,513
2.	SBI Surksha Loan	89,438
3.	Top-Up	22,33,642
4.	Cash Credit	3,12,693
5.	Term Loan	11,70,641

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Order signed & uploaded on 25.08.2026.

OA No. 1014 of 2024

Total 43,41,927

Summons were issued to the Defendants on 20.08.2024 and Sh. Hanuman Prasad Bairwa filed Vakalatnama on behalf of the defendants and filed reply on 11.03.2025.

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Reply to the OA has been reproduced as follows: -

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Counsel for the Defendants filed reply and submitted the contents of para-No.3 of the O.A. are not admitted and the applicant has shown the amount of debit due is very exorbitant.

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10.It is submitted that the contents of para No. 5 (i)(ii) of the O.A. are not admitted due to lack of knowledge. That the contents of para No.5(iii) of the O.A. are not admitted. The applicant has got signed from the respondent on blank papers and written the amount wrongly as shown this para.

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11.It is submitted that the contents of para No.5(iv) of the O.A. are not admitted. The respondents demanded statements of account but the applicant has not availed the said statement to the respondents malafidely. The applicant has mentioned high rate of interest on the principal amount. Sanctioned amount has not been given to the Defendants on the time period as said by the Defendants. On the assurance of the Bank, the Defendants have taken a shop for opening

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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restoration of which rent is Rs.35,000/- but the Bank has not been provided loan amount to the Defendants timely. So, the respondent No.1 suffered huge financial loss. Due to which the respondent has suffered heart attack, and the petitioner is taking treatment of heart attack. But the applicant is regularly harassing and torturing the Defendant no. 1. The applicant bank has given assurance to the Defendants to provide loan at the rate of 8.50% per annum but the applicant bank has started to take the rate of interest 12.40% which is very high rate of interest which is not sustainable as per the guidelines of the Reserve Bank of India.

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12.It is submitted that the contents of para No.5(vi) of the O.A. are not admitted hence denied. The defendants have already adhered the financial discipline. The applicant has made a loan agreement arbitrarily.

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13.It is submitted that the contents of para No.6 of the O.A. are not admitted. The applicant has not given any notice and applicant has not given disbursable amount to the defendants at the actual time. As such, the applicant has violated the terms and conditions of the R.B.I. Guidelines.

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14.It is submitted that the applicant has not given subsidy amount to the defendants. The applicant has applied 12.40% instead of 9% interest rate upon the Defendants.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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The applicant has given assurance to be given Rs.25.00 lacs but the applicant Bank has issued Rs.11.00 lacs to the Defendants. The applicant has issued CC limit of Rs. 3.00 lac but the same was insufficient for the restaurant business. Due to lack of money, the restaurant has to close before time. The applicant has fixed installment of Rs. 25000/- but Rs. 30,000/- per month has been recovered from the respondents.

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15.Heard arguments and perused the record.

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16.As stated supra, the Applicant Bank filed the evidence affidavit of Shri Hari Om Goyal coupled with the recitals in the documents, viz Exhibit 1 to 37 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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17.In the result, this O.A. No. 1014 of 2024 is allowed declaring that: -

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a) The OA is decreed on O.A. amount. The Defendant has deposited a sum of Rs. 8 Lac. The Bank to adjust the said amount and remaining amount be deposited within 3 months. No pendente lite interest is awarded. Decreed the OA on 8% future interest.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 43,41,927/(Rupees Forty Three Lac Forty One Thousand Nine Hundred and Twenty Seven Only) with future interest @ 8% (simple) till the date of realization.

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c) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property –

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19 Khasra No. 30/19, Ridmalsar Purohitan, Bikaner334001.

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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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d) The applicant bank is entitled to the costs of the O.A.

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18.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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19.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 06.10.2026 .

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20.Prepare Recovery Certificate accordingly.

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21.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 25.08.2026.

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OA No. 1014 of 2024

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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. 13.08.2026 .

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

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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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. 1014 OF 2024

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DATE OF DELIVERY OF ORDER 13.08.2026

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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)

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STATE BANK OF INDIA , a Body Corporate constituted under the State Bank of India Act, 1955 (23 of 1955), having its Corporate Office at State Bank Bhawan, 14th Floor, Madam Cama Road, Nariman Point, Mumbai, 400021, and branch all over India, including one of its branch/office Stressed Assets Recovery Branch (SARB) at 3rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur, through its Chief Manager Shri Hari Om Goyal.

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…..Applicant Bank…..

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VERSUS

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1. Shri Pratap Parihar S/o Shri Ratana Ram Parihar, Sagar Road, Street No. 1, Gurunanak Nagar, Bikaner, Rajasthan334001.

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2. Shri Ratana Ram Parihar S/o Shri Aaduram, 64, Sagar Road, Gali No. 1, Near Haldi Ram Pyua, Nanak Nagar, Bikaner, Rajasthan-334001.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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3. M/s Geeta Food Industries , 5 D 23, Jai Narayan Vyas Colony, Bikaner through sole prop. Shri Pratap Parihar Son of Shri Ratana Ram Parihar.

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……Defendants…..

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Recovery Certificate for Rs. 43,41,927/-

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In terms of final order dated 13.08.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The OA is decreed on O.A. amount. The Defendant has deposited a sum of Rs. 8 Lac. The Bank to adjust the said amount and remaining amount be deposited within 3 months. No pendente lite interest is awarded. Decreed the OA on 8% future interest.

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b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 43,41,927/(Rupees Forty Three Lac Forty One Thousand Nine Hundred and Twenty Seven Only) with future interest @ 8% (simple) till the date of realization.

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c) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property –

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19 Khasra No. 30/19, Ridmalsar Purohitan, Bikaner334001.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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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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d) 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 06.10.2026 .

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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 13.08.2026 .

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

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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

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O.A. NO. 1014 OF 2024

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DATE OF DELIVERY OF ORDER 13.08.2026 SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COST

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STATE BANK OF INDIA , a Body Corporate constituted under the State Bank of India Act, 1955 (23 of 1955), having its Corporate Office at State Bank Bhawan, 14th Floor, Madam Cama Road, Nariman Point, Mumbai, 400021, and branch all over India, including one of its branch/office Stressed Assets Recovery Branch (SARB) at 3rd Floor, Matrix Mall, Sector-4, Jawahar Nagar, Jaipur, through its Chief Manager Shri Hari Om Goyal.

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…..Applicant Bank…..

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VERSUS

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1. Shri Pratap Parihar S/o Shri Ratana Ram Parihar, Sagar Road, Street No. 1, Gurunanak Nagar, Bikaner, Rajasthan334001.

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2. Shri Ratana Ram Parihar S/o Shri Aaduram, 64, Sagar Road, Gali No. 1, Near Haldi Ram Pyua, Nanak Nagar, Bikaner, Rajasthan-334001.

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Order signed & uploaded on 25.08.2026.

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OA No. 1014 of 2024

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3. M/s Geeta Food Industries , 5 D 23, Jai Narayan Vyas Colony, Bikaner through sole prop. Shri Pratap Parihar Son of Shri Ratana Ram Parihar.

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	46,000.00
2	Process Fee (Inc. Publication)	426.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	47,676.00

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

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Order signed & uploaded on 25.08.2026.

OA No. 1014 of 2024

13.08.2026

Counsel:

Sh. Shantanu Soni, Counsel for Applicant Bank Sh. H. P. Bairwa, Counsel for the Defendants

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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 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

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

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Order signed & uploaded on 25.08.2026.

OA No. 1014 of 2024

13.08.2026

Counsel:

Sh. Shantanu Soni, Counsel for Applicant Bank Sh. H. P. Bairwa, Counsel for the Defendants

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The Tribunal vide order dated 13.08.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 13.08.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. 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

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Order signed & uploaded on 25.08.2026.

State Bank of India v. Pratap Parihar

Case brief

What is this about?

What did the court decide?

State Bank of India v. Pratap Parihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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Case details

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