Allowed

Punjab National Bank v. Jagdev

DRT22 Feb 2023OA/353/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application for recovery of dues. The tribunal declared the defendant liable for the principal sum along with future interest, granting the bank authority to recover the amount through the sale of mortgaged properties and other assets.

What did the court decide?

Recovery certificate issued for Rs. 30,16,183.52 plus 10% future interest, authorizing recovery through sale of mortgaged properties and other assets.

Punjab National Bank versus Jagdev — Execution and Attachment | DRT (2023)

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“ORIGINALAPPLICATION” No. 353 of 2022

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 353 OF 2022

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DATE OF DELIVERY OF ORDER 22.02.2023

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PUNJAB NATIONAL BANK

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Branch Office – Sadhul Shahar, Sri Ganganagar, Raj. and Circle Sastra Center, Sri Ganganagar situated at PNB House Meera Chowk, Sri Ganganagar 335001

…..Applicant Bank…..

VERSUS

JAGDEV

S/o Banwari Lal

R/o Village Kishanpura Utarda Tehsil Sangaria, District Sri Ganganagar

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……Defendant…..

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Counsel for the Applicant Bank Sh. Vineet Mehta Defendant Ex parte

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JUDGMENT

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This Original Application was filed by Applicant Bank against Defendant on 23.02.2022 for recovery of an amount of Rs 30,16,183.52 with pendentlite and future interest and cost.

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As per O.A., Defendant approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendant. Defendant failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendant.

OA No. 353 of 2022

Defendant was proceeded ex parte on 21.09.2022.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/23 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 353 of 2022 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 30,16,183.52 (Rupees Thirty Lac Sixteen Thousand One Hundred Eighty Three and Fifty Two Paisa only) with future interest @ 10% p.a. (Simple) from 22.02.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of following mortgaged properties –

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Chak 14 PTP, Tehsil Sangariya, Khata No. 20/220, Pathar No. 108/142, Sq.No. 63, Killa No. 11.2 Pathar No. 107/142, Sq.No. 64, Killa No. 8,13,14,15,16,17,18,23 total – 1.872 hec nahri including mumkin

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Chak No. 17 PTP Sadul Sahar Khata Number 32/28, Sq. No. 6, K.No. 20,21(0.291 Hc) Sq.No. 7, K.No. 1 (0.253 Hc), Total 0.544 hactor

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Chak No. 19 PTP Sadul Sahar Khata Number 22/24, Sq. No. 2, K.No. 16,23,24(0.380 Hc) Sq.No. 3, K.No. 2 to 5,9 (1.252 Hc), Total 1.632 hactor

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Chak No. 19 PTP Sadul Sahar Khata Number 27/85, Sq. No. 56, K.No. 13, 16 to 18, 23 to 25 (1.771 Hc) Total 2.277 hactor out of which borrower share is 0.569 hactor.

OA No. 353 of 2022

Chak No. 22 PTP B Tah Sadul Sahar Khata Number 65/78, Sq. No. 2, K.No. 10 to 12, 16, 19, 20, 22 to 2592.353 Hc) Sq.No. 9, K.No. 2 to 9, 12 to 17 (3.542 Hc), Total 5.895 hactor out of which borrower share is 1.473 hactor. Total 5.331 hactor and Grand Total 7.203 hectare. as well as from the personal movable and immovable properties/assets of Defendant. 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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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 22.05.2023 .

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Prepare Recovery Certificate accordingly.

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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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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 22.02.2023 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 353 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 353 OF 2022

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DATE OF DELIVERY OF ORDER 22.02.2023

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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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PUNJAB NATIONAL BANK

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Branch Office – Sadhul Shahar, Sri Ganganagar, Raj. and Circle Sastra Center, Sri Ganganagar situated at PNB House Meera Chowk, Sri Ganganagar 335001

…..Applicant Bank…..

VERSUS

JAGDEV

S/o Banwari Lal R/o Village Kishanpura Utarda

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Tehsil Sangaria, District Sri Ganganagar

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……Defendant…..

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Recovery Certificate for Rs. 30,16,183.52

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In terms of final order dated 22.02.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 30,16,183.52 (Rupees Thirty Lac Sixteen Thousand One Hundred Eighty Three and Fifty Two Paisa only) with future interest @ 10% p.a. (Simple) from 22.02.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount by sale of following mortgaged properties –

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Chak 14 PTP, Tehsil Sangariya, Khata No. 20/220, Pathar No. 108/142, Sq.No. 63, Killa No. 11.2 Pathar No. 107/142, Sq.No. 64, Killa No.

OA No. 353 of 2022

8,13,14,15,16,17,18,23 total – 1.872 hec nahri including mumkin,

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Chak No. 17 PTP Sadul Sahar Khata Number 32/28, Sq. No. 6, K.No. 20,21(0.291 Hc) Sq.No. 7, K.No. 1 (0.253 Hc), Total 0.544 hactor

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Chak No. 19 PTP Sadul Sahar Khata Number 22/24, Sq. No. 2, K.No. 16,23,24(0.380 Hc) Sq.No. 3, K.No. 2 to 5,9 (1.252 Hc), Total 1.632 hactor Chak No. 19 PTP Sadul Sahar Khata Number 27/85, Sq. No. 56, K.No. 13, 16 to 18, 23 to 25 (1.771 Hc) Total 2.277 hactor out of which borrower share is 0.569 hactor.

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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 22.05.2023 .

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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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This Certificate has been issued under my signatures and seal of the Tribunal on this 22.02.2023 .

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 353 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

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PRESIDING OFFICER

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O.A. NO. 353 OF 2022

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DATE OF DELIVERY OF ORDER 22.02.2023

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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PUNJAB NATIONAL BANK

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Branch Office – Sadhul Shahar, Sri Ganganagar, Raj. and Circle Sastra Center, Sri Ganganagar situated at PNB House Meera Chowk, Sri Ganganagar 335001

…..Applicant Bank…..

VERSUS

JAGDEV

S/o Banwari Lal

R/o Village Kishanpura Utarda

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Tehsil Sangaria, District Sri Ganganagar

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……Defendant…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	33,005.00
2	Process Fee (Inc. Publication)	118.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	34,373.00

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Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 353 of 2022

22.02.2023

Counsel:

Sh. Vineet Mehta, Counsel for the Applicant Bank Defendant is exparte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepisd accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 353 of 2022

22.02.2023

Counsel:

Sh. Vineet Mehta, Counsel for the Applicant Bank Defendant is exparte

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The Tribunal vide order dated 22.02.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 22.02.2023 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepisd 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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(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 353 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

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ORIGINAL APPLICATION NO. 353 of 2022

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The Recovery Certificate prepisd in compliance of order dated 22.02.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 353 of 2022 Title Punjab National Bank Vs Jagdev has been checked and may be verified.

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Section Officer

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Assistant Registrar

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On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon’ble Presiding Officer please.

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Assistant Registrar

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Hon’ble Presiding Officer

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Punjab National Bank v. Jagdev

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Jagdev

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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