Allowed

Punjab National Bank v. Jaipal Goyal and Another

DRT19 Sept 2024OA/1176/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the original application filed by Punjab National Bank against two defendants for recovery of Rs. 42,21,299.55 arising from an OGC (KCC) loan. The defendants were proceeded ex-parte due to non-appearance. The court decreed the amount with reduced interest rates.

What did the court decide?

Recovery of Rs. 42,21,299.55 jointly and severally with costs and simple interest @ 8.00% p.a. from filing date till realization via sale of mortgaged properties.

Punjab National Bank versus Jaipal Goyal and Another — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1176/2023

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PRESIDED OVER BYMRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 31.08.2023

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DATE OF DECISION: 19.09.2024

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Punjab National Bank, a Body Corporate, and a nationalized bank constituted under the provisions of the Banking Companies (Acquisition & Transfer of Undertakings) Act 5, of 1970, having its Head Office at Plot No-4, Sector-10, Dwarka, New Delhi-110075 and amongst others a branch a branch at Mall Road Bench, Kapurthala, Punjab through Sh. Ankur Rawat, Manager and Attorney Holder.

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(Transferee Bank from erstwhile Oriental Bank of Commerce)

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……..Applicant

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Versus

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Sh. Jaipal Goyal son of Sh. Kundan Lal resident of Windsor Park, Kapurthala, Punjab.

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Sh. Satish Gupta son of Sh. Kundan Lal resident of House No.31, Gopal Park, Kapurthala.

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….……Defendants

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Advocates:

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Argued by Sh. Manish Singla, Advocate for the applicant Defendants are ex-parte

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendants for recovery of Rs.42,21,299.55p (Rupees Forty Two Lacs Twenty One Thousand Two Hundred Ninety Nine And Fifty Five Paise Only). The Original Application has been filed through Sh. Ankur Rawat, Manager o f the applicant, who is competent to institute the Original Application vide Power of Attorney dated 04.11.2016, which is Annexure A1 tothis OA.

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The brief facts of the OA are that the defendant no.1had approached the applicant for the grant of OGC (KCC) Limit of Rs.25.00

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Lacs vide Loan application dated 25.06.2015, which is Annexure A3 to this OA.

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The applicant sanctioned the OGC (KCC) Limit of Rs.25.00 Lacs vide Sanction Letter dated 30.06.2015, which is Annexure A4 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendant No.1 & 2 had mortgaged their immovable properties i.e. total land measuring 11K-04M situated in Village Uchha, Hadbast No.85, Tehsil and District Kapurthala (Punjab) vide Letter to Registrar for creation of mortgage and Declaration U/s 4(1) bearing Vasika No.354 dated 30.06.2015, which is Annexure A6 to this OA. Documents executed:- Amalgamation notification dated 04.03.2020, which is Annexure A2 to this OA; Agreement of Hypothecation dated 30.06.2015, which is Annexure A5 to this OA; Balance & Security Confirmation Letters both dated 27.06.2018 and 06.03.2021, which is Annexure A7 to this OA; Notice dated 15.06.2021along with postal receipts, which is Annexure A8 to this OA and Statement of account along with certificate, which is Annexure A9 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.42,21,299.55p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 04.09.2024. 7. In support of the OA, affidavit of Sh. Ankur Rawat, Manager, Punjab National Bank h as been filed. 8. Heard arguments and perused record. 9. It was argued by learned counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the

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Annexures A1 to A9 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the applicant. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.42,21,299.55 (Rupees Forty Two Lacs Twenty One Thousand Two Hundred Ninety Nine And Fifty Five Paise Only) along with interest from the defendants, jointly and severally, 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 in relief clause has claimed interest @10.50%p.a. along with penal interest @2%p.a. with half yearly rests from 01.07.2023 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 defendants, 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 sfrom 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 defendants are liable to pay to the applicant a total sum of Rs.42,21,299.55 (Rupees Forty Two Lacs Twenty One Thousand Two Hundred Ninety Nine And Fifty Five Paise Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover

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aforesaid amount from the sale of hypothecated/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law. 12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 11.10.2024.

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the open Tribunal . Dated: 19.09.2024

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Punjab National Bank v. Jaipal Goyal and Another

Case brief

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Punjab National Bank v. Jaipal Goyal and Another

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