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Judgment
I.A. No.1031/2023 (application for condonation of delay filed by the appellant)
In the instant application the appellant is seeking exclusion of time from 26.10.2023 to 03.11.2023 which was taken in supply of certified copy of the impugned order dated 26.10.2023. The endorsement on the certified copy of the impugned order reflects that it was supplied on 03.11.2023. The time taken in obtaining the certified copy is liable to be deducted while calculating the period of limitation. Accordingly, the present appeal is within the limitation. The application is accordingly decided.
The appellant filed the present O.A. No.265/2019 titled as Bank of Baroda V. M/s Sai Collection& another which is stated to be pending before DRT, Jaipur. DRT, Jaipur vide impugned order dated 26.10.2023 dismissed the O.A. after relying upon page 26 of the chargesheet and observed that after conclusion of investigation it was apparent that respondents had no role while applying for credit facility and as such the respondents cannot be held liable for payment of the due amount. The relevant portion of the impugned order dated 26.10.2023 is reproduced as under:-
9.It is a fact that on the basis of documents, so filed along with OA, the applicant bank claims recovery of amount from the defendants, but it is also a fact that Defendant no.2 Mrs. Jyoti Gaur who is proprietor for Defendant No.1 firm was not prosecuted. The details of credit facility sanctioned in favour of Defendant no.1 & 2, as mentioned at page no.26 of the charge sheet are necessary and so, the same para is reproduced here as under:
दिनांक 01.01.2016 को बैंक ऑफ बड़ौदा रामगंज शाखा अजमेर में श्रीमती ज्योति गौड़ पत्नी श्री नीरजगौड़ निवासी-529, गली नंबर 2, पूजा मार्ग, धानाडी रोड, अजमेर की फर्म मैसर्स साईकलेक्शन के नाम से प्रधानमंत्री मुद्रा योजना के तहत ओवरड्राफ्ट खाता सं. 465304/71 खोला गया जिसकी लिमिट 9.70 लाख रूपयेथी। अनुसंधान से यह भी ज्ञात हुआ कि लोन दस्तावेजों के अनुसार प्री-निरीक्षण दिनांकित 30.12.2015 तथा पोस्ट-निरीक्षण दिनांकित 10.01.2016 को ज्योति यादव द्वारा किया गया था जो कि बैंक द्वारा स्थापित फॉरआइ (Four Eyes) कनसप्ट के विरुद्ध था। आरोपी ज्योति यादव ने कुछ अन्य आवश्यक दस्तावेजों के बिना ही लोन को स्वीकृत कर दिया।
10.From the perusal of above said conclusion of investigation, it is clear that the defendants was having no role while applying for credit facility, the amount so sanctioned was a part and parcel of fraudulent, therefore, the defendants cannot be held liable for payment of amount. Accordingly, this Original Application stands disposed of as dismissed.
Sh. Sougat Sinha, Advocate for the appellant stated that in the O.A. bearing No.297/2019 averments were made regarding advancement of the loan to the respondents which was supported by necessary documents. It is further argued that the chargesheet is the opinion of the investigating officer and cannot be relied upon by the DRT. It is argued that the impugned order be set aside and the matter be remanded to the DRT for the trial of O.A. bearing No.265/2019 in accordance with law.
Sh. Hemant Kumar, Advocate for the respondents stated that the respondents have never obtained any loan from the appellant and the entire transaction even as per the appellant was fraud without any involvement of the respondents. Sh.Kumar defended the impugned order passed by the DRT.
It is appearing that the DRT, Jaipur vide the impugned order dated 26.10.2023 dismissed the O.A. only on the basis of certain observations made in the chargesheet. It is apparent that the appellant lodged a Regular case bearing (Criminal) no. RC JAI 208(A)/0022 with CBI and the chargesheet was filed after investigation which was also taken on record by the DRT on 31.08.2023 in pursuance of I.A. No.1472/2022. O.A. as per the RDB Act is like civil suit which should have been decided on merit as well as on evidence led or to be led by the parties before the DRT. The O.A. cannot be dismissed merely on the basis of a chargesheet out of Criminal Case Nono. RC JAI 208(A)/0022. The impugned order cannot be sustained in law and is accordingly set aside. DRT, Jaipur is directed to decide the O.A. bearing No.265/2019 on the basis of pleadings and evidence and other documents adduced/furnished by the contesting parties. Appeal stands disposed of.
The parties are directed to appear before DRT, Jaipur on 16.07.2026.
Copy of this order be sent to the DRT for information and compliance.