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RAKESH SAKSENA, NEERJA SINGH, SUBHASH JAIN
JILA SAHAKARI KRISHI AVAM GRAMIN VIKAS BANK – Appellant
Versus
KASTURI BAI – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Parag Kale, Advocate.

ORDER :

1. The following order of the Commission was delivered by Rakesh saksena, J.

Appellants have filed this appeal against the order dated 15.12.2011 passed by District Forum, Morena in C.C. No. 129/2010 whereby the complaint filed by the respondents, has been allowed.

2. In short, the facts of the case are that in the year 2000 Bhodaram and Sultan Sharma took loan from the appellants/Bank for purchase of a tractor. Both had mortgaged their agriculture lands as security. In the course of time both paid all the dues and discharged the liability of the Bank, and the Bank issued no due certificates to them. Bank also issued a loan discharge certificate to Sultan Sharma in Form No.35 under Rule 61 (1) which Sultan Sharma presented to RTO for getting the tractor released from hypothecation. Bank also issued certificates releasing the property of the aforesaid persons from mortgage. Bhodaram died in the year 2004. After the death of Bhodaram, appellants issued letter dated 16.4.2010 informing respondents about the recovery of Rs. 56,205/- from them on the ground that payment towards the loan account was due. Respondents received the said letter on 7.5.2010. According to respondents the

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