Punjab National Bank versus Atmaramgiri Maharaj Sahakari Thibak Sinchan Yojana

Presented on: 28.06.2022 Registered on: 17.08.2022 Decided on: 12.02.2026 Duration: Y M D 03 07 14

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 345/2022

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TOTAL CLAIM AMOUNT – Rs. 81,64,629/-

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Punjab National Bank,

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A Body Corporate constituted under the Banking companies (Acquisition & Transfer of Undertakings) Act 1970, having its Head Office at Plot No. 4, Sector10, Dwarka, New Delhi-110075, and one of its Branch Ghogargaon , Tal. Srigonda, Dist. Ahmednagar - 413725 through its Attorney Mr. Rahul Nathaji Potphode .

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… Applicant

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Versus

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1. Atmaramgiri Maharaj Sahakari Thibak Sinchan Yojana, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar.

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2. Dhanraj (Dhananjay) Parameshwar Kalokhe, Age: 52 years, Occ.: Agriculture, R/o.: House No. 72, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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3. Mrs. Shantabai W/o. Parameshwar Kalokhe, Age: 75 years, Occ.: Agriculture, R/o.: House No. 72, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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4. Sampat Parameshwar Kalokhe,

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Age: 48 years, Occ.: Agriculture, R/o.: House No. 72, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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5. Ajinath Parmeshwar Kalokhe,

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Age: 75 years, Occ.: Agriculture, R/o.: House No. 72, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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6. Sunil Karbhari Bhau

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Age: 50 years, Occ.: Agriculture, R/o.: House No. 78, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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7. Mrs. Hausabai W/o. Karbhari Bhau

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Age: 76 years, Occ.: Agriculture, R/o.: House No. 78, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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8. Mrs. Mangal W/o. Rajendra Kalokhe,

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Age: 68 years, Occ.: Agriculture, R/o.: House No. 87, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

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9. Rajendra Kisan Kalokhe,

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Age: 72 years, Occ.: Agriculture, R/o.: House No. 87, At Ruikhel, Post Mandavgan, Tal. Shrigonda, Dist. Ahmednagar 413701.

…Defendants

(OA No.345/2022)

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APPEARANCES

For the Applicant Mr. Sameer J. Pande -Advocate For Defendants Ex-parte

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JUDGMENT

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Delivered on 12.02.2026

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 81,64,629/- (Rupees Eighty One Lacs, Sixty Four Thousand, Six Hundred and Twenty Nine only), along with future interest from the date of filing of the Original Application, i.e., 28.06.2022, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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The Applicant Bank states that the defendant No. 2 to 9 through Defendant No. 1 had approached and requested the Applicant Bank for Term Loan Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Agriculture Term Loan Facility of Rs. 30,00,000/- vide sanction letter dated 05.06.2012 on certain terms and conditions. The

(OA No.345/2022)

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agreed rate of interest for the aforesaid loan was @ 16 % p.a. with

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monthly rests. The Defendant also agreed to pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendants executed various loan documents in favour of the Applicant Bank.

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These included sanction letter, letter of undertaking, registered mortgage deed bearing daybook No. 1856/2012 dated 29.05.2012. Additionally defendant No. 2 to 9 stood as guarantors

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for defendant No. 1 and executed deed of guarantee dated 05.06.2012 in favour of the Applicant Bank

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendants executed mortgage deed bearing daybook No. 1856/2012 dated 29.05.2012 in favour of the Applicant Bank. The mortgage was created in respect of the following properties:

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i) All that piece and parcel of Agriculture land admeasuring 0.06 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 5, which is bounded as under:

East: 482,

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South: 453, West: 454, North: 456.

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ii) All that piece and parcel of Agriculture land admeasuring 0.07 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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iii) All that piece and parcel of Agriculture land admeasuring 0.06 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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iv) All that piece and parcel of Agriculture land admeasuring 0.07 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 3, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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v) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda,

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Dist. Ahmednagar owned by defendant No. 5, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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vi) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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vii) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under:

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East: 366, South: 363, West: Gavthan, North: 366.

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viii) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 3, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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ix) All that piece and parcel of Agriculture land admeasuring 2.00 H.R., of Survey No. 366 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 7, which is bounded as under: East: 286, South: 365, West: 367, North: 266.

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x) All that piece and parcel of Agriculture land admeasuring 2.08 H.R., of Survey No. 366 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 6, which is bounded as under: East: 286, South: 365, West: 367, North: 266.

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xi) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 363, South: 360, West: 395, North: Road.

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xii) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 5, which is bounded as under: East: 363, South: 360, West: 395,

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North: Road.

xiii) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under: East: 363, South: 360, West: 395, North: Road.

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xiv) All that piece and parcel of Agriculture land admeasuring 2.16 H.R., of Survey No. 454 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 9, which is bounded as under: East: 455, South: 453, West: 425, North: 456.

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xv) All that piece and parcel of Agriculture land admeasuring 2.15 H.R., of Survey No. 454 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 8 which is bounded as under: East: 455, South: 453, West: 425, North: 456.

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The applicant bank contended that the defendants have failed to

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keep their promise and commitments agreed by them with regard

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to due repayment of the loan amount. The defendants failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan amount and called upon the defendants to pay with the agreed rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendants became irregular and classified as NPA. Therefore on 27.06.2022 the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendants failed to appear in matter though they were served through court commissioner. Hence, the defendants were proceeded ex-parte as per Order dated 10.03.2025 & 29.01.2026.

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The applicant Bank has filed Evidence Affidavit of evidence at Exhibit-4 of Mr. Rahul s/o. Nathaji Potphode, Power of Attorney Holder of the applicant Bank, and has produced on record the

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original loan transaction documents as Annexure A-1 to A-27 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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The applicant Bank has claimed charge over immovable properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @16% p. a. from the date of filing i.e. 28.06.2022 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 7% per annum (simple), it would be just and reasonable rate of interest.

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ORDER

(A) Original Application No. 345/2022 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 81,64,629/- (Rupees Eighty One Lacs, Sixty Four Thousand, Six Hundred and Twenty Nine only), along with future interest @ 7% per annum (simple) from the date of filing of the O.A. i.e. 28.06.2022 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgage of the following vide document at Annexure A-10 in list of documents Exh. 5.

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i) All that piece and parcel of Agriculture land admeasuring 0.06 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 5, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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ii) All that piece and parcel of Agriculture land admeasuring 0.07 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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iii) All that piece and parcel of Agriculture land admeasuring 0.06 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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iv) All that piece and parcel of Agriculture land admeasuring 0.07 H.R., of Survey No. 455 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 3, which is bounded as under: East: 482, South: 453, West: 454, North: 456.

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v) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 5, which is bounded as under: East: 366, South: 363, West: Gavthan,

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North: 366.

vi) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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vii) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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viii) All that piece and parcel of Agriculture land admeasuring 0.39 H.R., of Survey No. 367 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 3, which is bounded as under: East: 366, South: 363, West: Gavthan, North: 366.

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ix) All that piece and parcel of Agriculture land admeasuring 2.00 H.R., of Survey No. 366 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 7, which is bounded as under: East: 286,

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South: 365, West: 367, North: 266.

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x) All that piece and parcel of Agriculture land admeasuring 2.08 H.R., of Survey No. 366 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 6, which is bounded as under: East: 286, South: 365, West: 367, North: 266.

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xi) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 2, which is bounded as under: East: 363, South: 360, West: 395, North: Road.

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xii) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 5, which is bounded as under: East: 363, South: 360, West: 395, North: Road.

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xiii) All that piece and parcel of Agriculture land admeasuring 1.14 H.R., of Survey No. 363 situated at

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village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 4, which is bounded as under: East: 363, South: 360, West: 395, North: Road.

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xiv) All that piece and parcel of Agriculture land admeasuring 2.16 H.R., of Survey No. 454 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 9, which is bounded as under: East: 455, South: 453, West: 425, North: 456.

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xv) All that piece and parcel of Agriculture land admeasuring 2.15 H.R., of Survey No. 454 situated at village Ruikhel, Tal. Shrigonda, Dist. Ahmednagar owned by defendant No. 8 which is bounded as under: East: 455, South: 453, West: 425, North: 456.

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(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendants.

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:.12.02.2026

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.345/2022)

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Punjab National Bank v. Atmaramgiri Maharaj Sahakari Thibak Sinchan Yojana

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Punjab National Bank v. Atmaramgiri Maharaj Sahakari Thibak Sinchan Yojana

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