Allowed

Punjab National Bank v. Harinder Singh

DRT23 Oct 2024OA/615/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the application of Punjab National Bank for recovery of Rs.27.32 Lakhs. The Tribunal modified the claimed interest rate from 13.50% to 8.00% per annum and directed the issuance of a Recovery Certificate for enforcement via hypothecated properties or attachment of assets.

What did the court decide?

Recovery of Rs.27,32,269.00 with costs and simple interest at 8.00% p.a.; issuance of Recovery Certificate for enforcement under SARFAESI Act.

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

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.615/2024 PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 11.04.2024

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DATE OF DECISION: 23.10.2024

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Punjab National Bank, a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its head office at Plot No.4, Sector10, Dwarka, New Delhi 110075 having one of its Branch Office at Jagpalpur, District Kapurthala through Sh. Ankur Rawat, Senior Manager, Circle Sastra Centre, Kapurthala, Principal Officer and General Attorney of the applicant.

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……..Applicant Versus

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Sh. Harinder Singh S/o Sh. Surinder Singh, R/o Village Ranipur Kamboa, Tehsil Phagwara, District Kapurthala, Punjab.

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….……Defendant

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Advocates:

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Argued by Sh. Amandeep Singh Sobti, Advocate proxy for Sh. P.S. Sobti, 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 under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendants for recovery of Rs.27,32,269.00 (Rupees Twenty Seven Lacs Thirty Two Thousand Two Hundred and Sixty Nine only). The Original Application has been filed through Sh. Ankur Rawat, Senior Manager of the applicant, who is competent to institute the Original Application vide Power of Attorney dated 04.11.2016, which is Annexure A1 to this OA. 2. The brief facts of the OA are that the defendant had already availing the facility of KCC Limit of Rs.6.00 Lacs and had approached

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the applicant for its enhancement to Rs.10.00 Lacs vide Loan application dated 17.09.2013.

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The applicant sanctioned the enhancement of KCC Limit to Rs.10.00 Lacs vide Memorandum of Sanction Letter dated 17.09.2013, which is Annexure A2 to this OA and the terms and conditions were duly accepted by the defendant. 4. Defendant had mortgaged his immovable property i.e. land measuring 13K-01M situated at Village Ranipur Rajputtan, Tehsil Phagwara, District Kapurthala, Punjab vide Registered Mortgage Deed bearing vasika no. 2362 dated 24.09.2013 and Jamabandi of the year 2011-2012 along with their English Translation, which are Annexures A6, A6A, A7 and A7A to this OA. Documents executed: Agreement of Hypothecation, Letter of Undertaking, Letter of Consent all dated 27.09.2013, which are Annexures A3 to A5 to this OA; Legal Notice dated 07.06.2016 and 12.04.2018 along with its Postal Receipt, which are Annexures A8 & A9 to this OA; Balance Confirmation dated 29.01.2016, 01.09.2018 and 18.06.2021 which are Annexures A10 to A12 to this OA and Statement of account with certificate, which is Annexure A13 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.27,32,269.00, which is recoverable and the defendant was served recall notice but he did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendant was served notice to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded exparte on 19.10.2024. 7. In support of the OA, affidavit of Sh. Ankur Rawat, Senior Manager, Punjab National Bank has been filed.

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Heard 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, the applicant had proved its case. From the perusal of all the Annexures A1 to A13 to this OA, it is proved that the defendant approached applicant 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 applicant. 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 is entitled to recover a sum of Rs.27,32,269.00 (Rupees Twenty Seven Lacs Thirty Two Thousand Two Hundred and Sixty Nine only) along with interest from the defendant, 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 @11.50%p.a. plus penal interest @2.00%p.a. with half yeraly rests from 28.09.2023 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 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. 11. In the result, the application is allowed declaring that the defendant is liable to pay to the applicant a total sum of

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Rs.27,32,269.00 (Rupees Twenty Seven Lacs Thirty Two Thousand Two Hundred and Sixty Nine only) 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 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 applicant 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.

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Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 04.11.2024.

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Copy of this order be given dasti to the applicant 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.

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Pronounced by me in the open Tribunal . Dated: 23.10.2024

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

Punjab National Bank v. Harinder Singh

Case brief

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Punjab National Bank v. Harinder Singh

Case brief

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What did the court decide?

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