Allowed

Bank of Baroda v. Bhairu Singh

DRT4 Jun 2026OA/68/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by Bank of Baroda for recovery of Rs. 20,63,259.48/- from three borrowers. The court held the defendants jointly liable and issued a Recovery Certificate under the RDBFI Act, authorizing recovery from charged lands and personal assets.

What did the court decide?

Ordered Defendants to pay Rs. 20,63,259.48/- plus interest; issued Recovery Certificate under Section 22 of RDBFI Act for recovery from charged lands and personal assets.

Bank of Baroda versus Bhairu Singh — Specific Performance | DRT (2026)

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“ORIGINAL APPLICATION” No. 68 of 2025

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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. 68 OF 2025

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DATE OF DELIVERY OF ORDER 04.06.2026

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Bank of Baroda , having its head office at Mandvi, Baroda (Gujarat) and having one of its Branches situated at Phalodi, Jodhpur (Rajasthan) through Chief Manager - Shri Prabhat Ghosh.

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…..Applicant Bank…..

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VERSUS

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1. Shri Bhairu Singh S/o. Shri Megh Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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2. Shri Sawai Singh S/o. Shri Bhairu Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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3. Shri Ratan Singh S/o. Shri Megh Singh, Resident of Moti Nagar, Jaimla, Jodhpur-342301 (Rajasthan).

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……Defendants…..

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Counsel for the Applicant Bank Sh. R. N. Vijay Defendants None

OA No. 68 of 2025

JUDGMENT

This Original Application was filed by the applicant bank on 16.10.2024 for recovery of outstanding amount of Rs. 20,63,259.48/- from the Defendants.

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As per the pleadings, Defendants had approached the applicant bank for availing Baroda Kisan Credit Card (BKCC) Loan. After due consideration, BKCC facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2012 vide sanction letter dated 14.06.2012 for a total sum of Rs. 5 Lac.

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It is submitted that with a view to secure repayment of all amounts due under the above said facility the Defendant No. 3 in his personal capacity duly executed, signed and delivered the General Form of Guarantee dated 14.06.2012.

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It is submitted that the Defendants again approached the Applicant Bank for grant of Baroda Kisan Credit Card (BKCC) facility of Rs. 20 Lac and the Applicant Bank sanctioned the BKCC facility in favour of Defendants in the year 2018 vide sanction letter dated 18.01.2018 for the amount of Rs. 19,36,000/-

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It is submitted that with a view to secure repayment of all amounts due under the above said facility the Defendant No. 3 in his personal capacity duly executed, signed and delivered the General Form of Guarantee dated 24.01.2018.

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It is submitted that in consideration of the facilities granted, Defendant No. 1 created charge on his agricultural lands in

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OA No. 68 of 2025

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favour of the Applicant Bank and duly executed the declaration in favour of the Applicant Bank under Section 6(1) of the RODA Act, 1974 and also secured by a valid and subsisting hypothecation of the crop.

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It is submitted that the Defendants acknowledged their facility under the aforesaid loan documents vide the letter of Acknowledgement Debt dated 01.01.2021 & 31.03.2023. Therefore, this OA is well within the period of limitation.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 31.05.2024. 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 16.01.2025 through court commissioner, who subsequently submitted his report dated 17.05.2025. On 21.05.2025, Shri Mahipal Singh undertook to file a Vakalatnama on behalf of all the Defendants on or before next date of hearing. However, on 17.09.2025, Shri Mahipal Singh submitted that he has no instruction from the Defendants.

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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 Prabhat Ghosh coupled with the recitals in the documents, viz Exhibit A/1 to A/18 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

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OA No. 68 of 2025

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applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 68 of 2025 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. 20,63,259.48/- (Rupees Twenty Lac Sixty Three Thousand Two Hundred Fifty Nine and Forty Eight Paisa Only) with pendente lite and future interest @ 10% (simple) from 15.09.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets/crop and charged agricultural land – Complete Share in Agricultural lands bearing Khasra No. 225/39 admeasuring 18.1946 hectare situated at Village – Jaimla, Tehsil Bap, District Jodhpur, Rajasthan.

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

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

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14.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.07.2026 .

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OA No. 68 of 2025

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15.Prepare Recovery Certificate accordingly.

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16.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. 04.06.2026 .

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

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OA No. 68 of 2025

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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. 68 OF 2025

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DATE OF DELIVERY OF ORDER 04.06.2026

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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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Bank of Baroda , having its head office at Mandvi, Baroda (Gujarat) and having one of its Branches situated at Phalodi, Jodhpur (Rajasthan) through Chief Manager - Shri Prabhat Ghosh.

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…..Applicant Bank…..

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VERSUS

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1. Shri Bhairu Singh S/o. Shri Megh Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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2. Shri Sawai Singh S/o. Shri Bhairu Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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3. Shri Ratan Singh S/o. Shri Megh Singh, Resident of Moti Nagar, Jaimla, Jodhpur-342301 (Rajasthan).

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……Defendants…..

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Recovery Certificate for Rs. 20,63,259.48/-

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In terms of final order dated 04.06.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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OA No. 68 of 2025

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 20,63,259.48/- (Rupees Twenty Lac Sixty Three Thousand Two Hundred Fifty Nine and Forty Eight Paisa Only) with pendente lite and future interest @ 10% (simple) from 15.09.2024 till the date of realization.

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

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Complete Share in Agricultural lands bearing Khasra No. 225/39 admeasuring 18.1946 hectare situated at Village – Jaimla, Tehsil Bap, District Jodhpur, Rajasthan.

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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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c) 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 09.07.2026 .

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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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OA No. 68 of 2025

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This Certificate has been issued under my signatures and seal of the Tribunal on this 04.06.2026 .

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

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OA No. 68 of 2025

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶83

PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 68 OF 2025

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DATE OF DELIVERY OF ORDER 04.06.2026

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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Bank of Baroda , having its head office at Mandvi, Baroda (Gujarat) and having one of its Branches situated at Phalodi, Jodhpur (Rajasthan) through Chief Manager - Shri Prabhat Ghosh.

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…..Applicant Bank…..

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VERSUS

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1. Shri Bhairu Singh S/o. Shri Megh Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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2. Shri Sawai Singh S/o. Shri Bhairu Singh, Resident of Rajpurohiton Ki Dhaniya, Jaimla, Jodhpur (Rajasthan) - 342301.

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3. Shri Ratan Singh S/o. Shri Megh Singh, Resident of Moti Nagar, Jaimla, Jodhpur-342301 (Rajasthan).

……Defendants…..

OA No. 68 of 2025

S. No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	23,005.00
2	Process Fee (Inc. Publication)	NIL
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	34,255.00

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

OA No. 68 of 2025

04.06.2026

Counsel: Sh. R. N. Vijay, Counsel for Applicant Bank None 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

OA No. 68 of 2025

04.06.2026

Counsel: Sh. R. N. Vijay, Counsel for Applicant Bank None for the Defendants

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The Tribunal vide order dated 04.06.2026 , 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 04.06.2026 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

Bank of Baroda v. Bhairu Singh

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Bhairu Singh

Case brief

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What did the court decide?

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