bank, who is competent to institute the Original Application vide Power of Attorney dated 06.10.2016, which is Annexure A1 to this OA. 2. The brief facts of the OA are that the defendant No.1 had approached the applicant bank for an Agriculture Loan of Rs.28.00 Lacs vide Loan application dated 02.03.2019, which is Annexure A2 to this OA. 3. The applicant Bank sanctioned the Agriculture Loan of Rs.28.00 Lacs vide Sanction Letter dated 06.04.2019, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendant No.1 had mortgaged his immovable properties i.e. total land measuring 78 Kanal 01 Marla situated at Village Thara Jhikla Teka Sukreet, H.B. No.399, Tehsil Dhar Kalan, District Pathankot, Punjab vide Declaration u/s 4(1) d ated 03.04.2019, which is Annexure A11 to this OA. Documents executed:- D.P. Note, Hypothecation Agreement, Guarantee Agreement, Interest Agreement, Mortgage Deed and Letter of Undertaking all dated 06.04.2019, which are Annexures A4 to A9 to this OA; Letter of Confirmation dated 13.04.2020, which is Annexure A10 to this OA; Legal Opinion Reports dated 07.03.2019 and 12.03.2021, which are Annexures A12 and A13 to this OA; Non Encumbrance Certificate dated 04.04.2019, which is Annexure A14 to this OA; Mortgage Certificate dated 04.04.2019, which is Annexure A15 to this OA; Legal Notice dated 27.06.2022, which is Annexure A16 to this OA; Statement of account along with the Certificate, which are Annexures A17 and A18 to this OA. 5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.39,80,452.90p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly.
