Dismissed

Raju Jatav v. Capri Global Capital Limited

DRT19 Jan 2026SA/763/2024

Case brief

AI extract

What is this about?

The Tribunal dismissed the applicant's special appeal for obstructing possession recovery and engaging in manipulative transactions. The appeal was disposed of with costs, though costs were later waived upon mediation request. Pending IAs were also dismissed.

What did the court decide?

The special appeal dismissed; applicant to pay costs of Rs. 50,000 (later waived); respondent allowed to proceed with possession and auction.

Raju Jatav versus Capri Global Capital Limited — Company and Corporate | DRT (2026)

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Item No. 64

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Case No.SA/763/2024

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RAJU JATAV Vs CAPRI GLOBAL CAPITAL LIMITED

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Date: 19.01.2026. Proceedings through hybrid mode Present:

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Shri Kailash Tailor, Counsel for the Applicant

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Shri Avinash Kumbaj, Counsel for the Respondent Bank/FI

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In this matter, Court Commissioner has gone to take the possession, however Respondent counsel has received a phone call from Court Commissioner from that place, wherein it was stated that the lady is making tantrums and not permitting the Court Commissioner to function. The action of taking over the possession was not co-operated by the applicant herein.

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The report placed before the Tribunal, read over by the applicant counsel states the true facts in the Court. The applicant has taken one water bottle and Pan Masala pouches and refused to take any other thing. This attitude of the applicant has to be deprecated, despite giving ample chances for closure of the account by making payment which the respondent was ready and willing only on the amount of purchase price plus interest.

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All sorts of techniques appears to have been adopted by the applicant reflected in the previous order sheets to delay recovery. Even today he submits that they want to mediate. If there was any honest intention they should have taken the goods lying therein.

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Respondent to issue notice to the applicant to take the assets which were available at the time of taking possession within 15 days time from today. After that respondent to auction the property either through publication or through private treaty by giving appropriate notice to the applicant and making out the valuation of the same.

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So far as the SA is concerned, the documents did not appear to be genuine, these appears to be manipulated transaction by way of a gift deed.

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All the steps made by the applicant to deny the respondent of their legitimate dues, makes this Tribunal feel that this SA should be dismissed with heavy cost. There is no fault of the bank in proceeding rather they have given ample chances to the applicant who had trespassed the property and after trespassing the property, the advocate of the applicant is easily shifting the blame on the Authorized Officer of the Bank saying that it was the duty of the Authorized Officer to protect the property. They themselves are the law breakers in taking back the possession by breaking the locks and making hue and cry now.

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In view of the above observation, this SA deserves to be dismissed and accordingly the same stands disposed of as dismissed with a cost of Rs. 50,000/-.

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At this stage, counsel for the applicant again request for mediation. This matter cannot be mediated, though, Tribunal has been mediating in the matters, but this particular matter cannot

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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be settled because of the attitude of the applicant. Cost imposed upon the applicant is waived and respondent is at liberty to proceed ahead by handing over the possession to the auction purchaser.

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Accordingly, SA stands dismissed, all pending IAs also stands disposed off, if any.

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File be consigned to record as per rules. Copy of order be uploaded on website.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur

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Raju Jatav v. Capri Global Capital Limited

Case brief

What is this about?

What did the court decide?

Raju Jatav v. Capri Global Capital Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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