Allowed

Rajasthan Gramin Bank v. Sarla Gurjar

DRT26 Mar 2026OA/1298/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed an original application filed by Rajasthan Gramin Bank for recovery of dues. The court held the legal heirs of the deceased borrower and a guarantor jointly and severally liable. A recovery certificate for Rs. 24.71 lakhs plus interest was issued, entitling the bank to recover funds from specific mortgaged lands and other assets.

What did the court decide?

Recovery certificate issued for Rs. 24,71,888/- with 10% simple interest and costs. Recovery permitted from specified mortgaged lands and assets of the defendants.

Rajasthan Gramin Bank versus Sarla Gurjar — Contract and Commercial Disputes | DRT (2026)

¶1

“ORIGINAL APPLICATION” No. 1298 of 2023

¶2

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

¶3

PRESIDING OFFICER

¶4

O.A. NO. 1298 OF 2023

¶5

DATE OF RESERVE OF ORDER 23.03.2026 DATE OF DELIVERY OF ORDER 26.03.2026

¶6

Rajasthan Gramin Bank , A body corporate constituted under the provisions of the Regional Rural Banks Act, 1976 and the Gazette Notification S.O.1633€ dated 05.01.2025, having its Head office at Jaipur ( Rajasthan) with its camp office at Tulsi Tower, 9th B Road, Sardarpura, Jodhpur - 342003 (Rajasthan) amongst others Branch at Basedi Tehsil Basedi, District Dholpur, 328022 (Rajasthan) now represented through the Secured Asset Resolution Cell situated at 274, Guru Jambeshwar Nagar, Gandhi Path, Vaishali Nagar, Jaipur 302021 (Rajasthan)

¶7

…..Applicant Bank…..

¶8

VERSUS

¶9

1. Smt. Sarla W/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶10

2. Ms. Raj Kumari D/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶11

3. Ravi S/o Banwari Gujar, Legal I-Ieir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶12

Order signed & uploaded on 26.03.2026.

¶13

¶14

OA No. 1298 of 2023

¶15

4. Suraj S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶16

5. Sonu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶17

6. Bhanu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶18

7. Rameshwar S/o Devi Brahman, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶19

……Defendants…..

¶20

Counsel for the Applicant Bank Sh. K. K. Jain Defendants Ex parte

¶21

JUDGMENT

¶22

This Original Application was filed by the applicant bank on 20.09.2023 for recovery of outstanding amount of Rs. 24,71,888/- from the Defendants.

¶23

As per the pleadings, the Defendant Banwari along with Guarantor Rameshwar had approached the applicant bank for availing Kisan Credit Card Loan facility. After due consideration, the said KCC facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2010 which was subsequently renewed / reduced /modified / enhanced from time to time and lastly renewed for a total sum of Rs. 17,27,000/- vide sanction letter dated 15.03.2016.

¶24

Order signed & uploaded on 26.03.2026.

¶25

¶26

OA No. 1298 of 2023

¶27

It is submitted that the principal borrower Banwari s/o shri Mahavir Singh expired during currency of the advance and therefore a legal notice to the legal heirs of the deceased borrower named defendant no. 1 to 6 were sent by registered post through advocate dated 02.06.2023 whereby legal heirs were called upon to repay the entire outstanding dues in the account but there has been no response. In the circumstances all the legal heirs are made party to the OA titled defendant no. 1 to 6.

¶28

It is submitted that loan was secured with hypothecation of crop and also by creation of charge to the Bank by way of mortgage of land in name of the deceased borrower under section 6(1) of RODA Act.

¶29

It is submitted that in order to continue to secure the credit facilities the defendant also executed letter of acknowledgment of debt on 05.02.2019 and 15.01.2022 in respect of KCC loan.

¶30

Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 24.04.2023. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

¶31

Summons were issued to the Defendants on 10.10.2023. Counsel for the Applicant Bank filed proof service on 23.03.2024 and 24.06.2024. Despite service none appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 02.05.2025. This matter was also listed before Lok Adalat but could not be settled.

¶32

Order signed & uploaded on 26.03.2026.

¶33

¶34

OA No. 1298 of 2023

¶35

Heard arguments and perused the record.

¶36

As stated supra, the Applicant Bank filed the evidence affidavit of Shri Jagdish Prasad Yadav coupled with the recitals in the documents, viz Exhibit A/1 to A/17 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.

¶37

In the result, this O.A. No. 1298 of 2023 is allowed declaring that:-

¶38

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 24,71,888/- (Rupees Twenty Four Lac Seventy One Thousand Eight Hundred and Eighty Eight Only) with pendente lite and future interest @ 10% (simple) from date of filing of this OA till the date of payment. However, Defendant No. 1 to 6, LRs of the borrower, are liable to the extent of their inheritance.

¶39

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

¶40

Village	Khasra	Area	in	Share	in
	No.	Hect.		land
Bagthar	1272	0.1000		½ share

¶41

Order signed & uploaded on 26.03.2026.

¶42

¶43

OA No. 1298 of 2023

¶44

Karlipura	347	0.09	1/8^thshare
Karlipura	413	0.2000	1/8^thshare
Karlipura	420	0.2900	1/8^thshare
Karlipura	422	0.2400	1/8^thshare
Karlipura	423	1.4800	1/8^thshare
Bagthar	1254	0.06	½ share
Bagthar	1258	0.06	½ share
Bagthar	1403	0.4200	½ share
Bagthar	2065/3641	0.0100	½ share
Bagthar	2074	0.0900	½ share
Bagthar	2104	0.2600	½ share
Bagthar	2300	0.0800	½ share
Bagthar	2323	0.0100	½ share
Bagthar	2324	0.1000	½ share
Bagthar	562	0.2100	½ share
Karlipura	414	1.4000	1/8^thshare
Karlipura	421	1.3300	1/8^thshare
Karlipura	132	0.7500	½ share
Karlipura	133	0.6800	½ share

¶45

Order signed & uploaded on 26.03.2026.

¶46

¶47

OA No. 1298 of 2023

¶48

Karlipura	134	0.5800	½ share
Karlipura	188	1.0600	½ share
Karlipura	190	1.4900	½ share
Karlipura	66	3.8200	½ share
Karlipura	68	2.2000	½ share
Karlipura	72	0.0200	½ share
Karlipura	73	1.1800	½ share
Karlipura	80	0.9300	½ share
Karlipura	415	0.2600	1/4^thshare
Karlipura	416	0.2500	1/4^thshare
Karlipura	75	0.7100	1/4^thshare
Karlipura	76	0.0100	1/4^thshare
Karlipura	77	0.5900	1/4^thshare
Karlipura	81	1.2000	1/4^thshare
Karlipura	82	2.1600	1/4^thshare
Karlipura	93	0.2900	1/4^thshare

¶49

as well as from the personal movable and immovable properties/assets of Defendant No. 7. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶50

Order signed & uploaded on 26.03.2026.

¶51

¶52

OA No. 1298 of 2023

¶53

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

¶54

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

¶55

12.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 28.04.2026 .

¶56

13.Prepare Recovery Certificate accordingly.

¶57

14.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.

¶58

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

¶59

Order pronounced in the open court today i.e. 26.03.2026 .

¶60

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

¶61

Order signed & uploaded on 26.03.2026.

¶62

¶63

OA No. 1298 of 2023

¶64

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

¶65

PRESIDING OFFICER

¶66

O.A. NO. 1298 OF 2023

¶67

DATE OF DELIVERY OF ORDER 26.03.2026

¶68

RECOVERY CERTIFICATE

¶69

(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. Sarla W/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶74

2. Ms. Raj Kumari D/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶75

Order signed & uploaded on 26.03.2026.

¶76

¶77

OA No. 1298 of 2023

¶78

3. Ravi S/o Banwari Gujar, Legal I-Ieir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶79

4. Suraj S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶80

5. Sonu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶81

6. Bhanu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶82

7. Rameshwar S/o Devi Brahman, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶83

……Defendants…..

¶84

Recovery Certificate for Rs. 24,71,888/-

¶85

In terms of final order dated 26.03.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶86

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 24,71,888/- (Rupees Twenty Four Lac Seventy One Thousand Eight Hundred and Eighty Eight Only) with pendente lite and future interest @ 10% (simple) from date of filing of this OA till the date of payment. However, Defendant No. 1 to 6, LRs of the borrower, are liable to the extent of their inheritance.

¶87

Order signed & uploaded on 26.03.2026.

¶88

¶89

OA No. 1298 of 2023

¶90

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

¶91

Village	Khasra	Area	Share in
	No.	Hect.	land
Bagthar	1272	0.1000	½ share
Karlipura	347	0.09	1/8^thshare
Karlipura	413	0.2000	1/8^thshare
Karlipura	420	0.2900	1/8^thshare
Karlipura	422	0.2400	1/8^thshare
Karlipura	423	1.4800	1/8^thshare
Bagthar	1254	0.06	½ share
Bagthar	1258	0.06	½ share
Bagthar	1403	0.4200	½ share
Bagthar	2065/3641	0.0100	½ share
Bagthar	2074	0.0900	½ share
Bagthar	2104	0.2600	½ share
Bagthar	2300	0.0800	½ share
Bagthar	2323	0.0100	½ share
Bagthar	2324	0.1000	½ share

¶92

Order signed & uploaded on 26.03.2026.

¶93

¶94

OA No. 1298 of 2023

¶95

Bagthar	562	0.2100	½ share
Karlipura	414	1.4000	1/8^thshare
Karlipura	421	1.3300	1/8^thshare
Karlipura	132	0.7500	½ share
Karlipura	133	0.6800	½ share
Karlipura	134	0.5800	½ share
Karlipura	188	1.0600	½ share
Karlipura	190	1.4900	½ share
Karlipura	66	3.8200	½ share
Karlipura	68	2.2000	½ share
Karlipura	72	0.0200	½ share
Karlipura	73	1.1800	½ share
Karlipura	80	0.9300	½ share
Karlipura	415	0.2600	1/4^thshare
Karlipura	416	0.2500	1/4^thshare
Karlipura	75	0.7100	1/4^thshare
Karlipura	76	0.0100	1/4^thshare
Karlipura	77	0.5900	1/4^thshare
Karlipura	81	1.2000	1/4^thshare

¶96

Order signed & uploaded on 26.03.2026.

¶97

¶98

OA No. 1298 of 2023

¶99

Karlipura	82	2.1600	1/4^thshare
Karlipura	93	0.2900	1/4^thshare

¶100

as well as from the personal movable and immovable properties/assets of Defendant No. 7. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶101

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

¶102

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 28.04.2026 .

¶103

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.

¶104

This Certificate has been issued under my signatures and seal of the Tribunal on this 26.03.2026 .

¶105

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

¶106

Order signed & uploaded on 26.03.2026.

¶107

¶108

OA No. 1298 of 2023

¶109

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

¶110

PRESIDING OFFICER

¶111

O.A. NO. 1298 OF 2023

¶112

DATE OF RESERVE OF ORDER 23.03.2026

¶113

DATE OF DELIVERY OF ORDER 26.03.2026

¶114

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Smt. Sarla W/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶120

2. Ms. Raj Kumari D/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶121

Order signed & uploaded on 26.03.2026.

¶122

¶123

OA No. 1298 of 2023

¶124

3. Ravi S/o Banwari Gujar, Legal I-Ieir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶125

4. Suraj S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶126

5. Sonu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶127

6. Bhanu S/o Banwari Gujar, Legal Heir of deceased borrower Shri Banwari S/o Shri Mahavir Singh, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶128

7. Rameshwar S/o Devi Brahman, Resident of Village & Post Bagthar, Tehsil Basedi, District Dholpur, 328022.

¶129

……Defendants…..

¶130

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	27,000.00
2	Process Fee (Inc. Publication)	743.40
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	28,993.40

¶131

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

¶132

Order signed & uploaded on 26.03.2026.

OA No. 1298 of 2023

26.03.2026

Counsel: Sh. K. K. Jain, Counsel for Applicant Bank Defendants are ex-parte

¶137

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.

¶138

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

¶139

Order signed & uploaded on 26.03.2026.

OA No. 1298 of 2023

26.03.2026

Counsel: Sh. K. K. Jain, Counsel for Applicant Bank Defendants are ex-parte

¶144

The Tribunal vide order dated 26.03.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶145

The Registrar vide order dated 26.03.2026 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.

¶146

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

¶147

Order signed & uploaded on 26.03.2026.

Rajasthan Gramin Bank v. Sarla Gurjar

Case brief

What is this about?

What did the court decide?

Rajasthan Gramin Bank v. Sarla Gurjar

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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