Allowed

Punjab National Bank v. Ajitpal Singh

DRT23 Aug 2024OA/113/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application by Punjab National Bank against Ajitpal Singh for recovery of Rs.27,61,853.74p. The Tribunal found the case established and adjusted interest from 12.75% to 8.00% per annum, ordering recovery from mortgaged properties and personal assets.

What did the court decide?

Recovery of Rs.27,61,853.74p with costs and simple interest @8.00%p.a.; issuance of Recovery Certificate; release of mortgaged properties for sale.

Punjab National Bank versus Ajitpal Singh — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.113/2022 PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 09.01.2022

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DATE OF DECISION: 23.08.2024

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Punjab National Bank (Erstwhile known as Oriental Bank of Commerce), a Body Corporate constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Plot No.4, Sector 10, Dwarka, New Delhi-110075 and a Branch office at Gill Point, Sahnewal Road, Dehlon, Distt. Ludhiana through its General Power of Attorney Holder Shri Ravinder Kumar, Sr. Manager of the applicant bank

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……..Applicant Versus

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Shri Ajitpal Singh S/o Shri Darshan Singh R/o VPO Butaheri, Tehsil Dehlon, District Ludhiana, Punjab.

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….……Defendants

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Advocates:

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Argued by Sh. Mohan Prasad, Advocate proxy for Sh. Brijesh Sharma, Advocate for the applicant Defendant is ex-parte

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FINAL ORDER

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Present Original Application was instituted by the applicant bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendant for recovery of Rs.27,61,853.74p (Rupees Twenty Seven Lacs Sixty One Thousand Eight Hundred Fifty Three and Seventy Four Paisa Only). The Original Application has been filed through Shri Ravinder Kumar, Sr. Manager of the applicant bank, who is competent to institute the Original Application vide General Power of Attorney dated 05.06.1997, which is Annexure A1 to this OA.

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The brief facts of the OA are that defendant had approached the applicant bank for the grant of credit facilities of Rs.15.00 Lacs under

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OGC Facility vide Application Form cum Process Note dated 01.03.2011, which is Annexure A2 to this OA.

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The applicant Bank sanctioned the Credit Facility of Rs.15.00 Lacs under OGC Facility vide Sanction Letter dated 01.03.2011, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendant h ad mortgaged his immovable property i.e. land measuring 17K-04M situated at Village Butahari, Hadbast No.328, Tehsil and District Ludhiana vide Registered Mortgage Deed No. 2529 dated 04.03.2011 along with its translation, which is Annexures A5 to this OA. Documents executed:- Agreement for hypothecation dated 12.03.2011, which is Annexure A4 to this OA; Balance and security confirmation letters dated 10.11.2016 and 10.09.2019, which is Annexures A6 to this OA ; Legal notice dated 05.01.2022 with postal receipt, which is Annexure A7 to this OA and Statement of account along with Certificate of Banker’s Book of Evidence dated 10.01.2022, which is Annexure A8 to this OA.

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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.27,61,853.74p, which is recoverable and the defendant was served recall notices but he did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendant was served notices to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded exparte on 18.07.2024.

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In support of the OA, affidavit of Shri Ravinder Kumar, Sr. Manager, Punjab National Bank has been filed. 8. Heard ex parte arguments and perused record.

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It was argued by learned proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted,

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the applicant bank had proved its case. From the perusal of all the Annexures A1 to A8 to this OA, it is proved that the defendant approached applicant bank for availing of the loan facility which was granted to him and for that he had executed all the relevant documents in favour of the bank. The defendant failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendant was classified as NPA. From the documentary evidence brought on record, it is proved that applicant bank is entitled to recover a sum of Rs.27,61,853.74p (Rupees Twenty Seven Lacs Sixty One Thousand Eight Hundred Fifty Three and Seventy Four Paisa Only) along with interest from the defendant, fully, from the date of filing of the present Original Application till realization of the account.

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In so far as pendent elite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest @12.75%p.a. with half yearly rests from 01.10.2021 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendant, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @8.00%p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendant is liable to pay to the applicant a total sum of Rs.27,61,853.74p (Rupees Twenty Seven Lacs Sixty One Thousand Eight Hundred Fifty Three and Seventy Four Paisa Only) fully, with costs, current and future simple interest @8.00%p.a. in the loan

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account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant bank shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendant in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the bank still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendant. The applicant is at liberty to enforce the claim through due process of law. 12. Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 13.09.2024. 15. Copy of this order be given dasti to the applicant bank and be sent to defendant through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 23.08.2024 (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Punjab National Bank v. Ajitpal Singh

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Ajitpal Singh

Case brief

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