Allowed

Punjab National Bank v. Smt. Gurbir Kaur

DRT8 Aug 2024OA/627/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application by Punjab National Bank for recovery of Rs.47,86,239.12 owed by defendants. The court directed recovery through hypothecated or personal assets and granted a specific interest rate.

What did the court decide?

Recovery of Rs.47,86,239.12 plus costs and simple interest at 8.00% p.a.; directions for recovery via sale of properties or attachment of assets; issuance of Recovery Certificate.

Punjab National Bank versus Smt. Gurbir Kaur — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.627/2023

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PRESIDED OVER BYMRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 12.04.2023

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DATE OF DECISION: 08.08.2024

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Punjab National Bank, a body corporate and nationalized Bank under the provisions of the Banking Companies (Acquisition & Transfer of Undertakings) Act 5 of 1970, with its Head Office at Plot No-4, Sector10, Dwarka, New Delhi-110 075 and amongst Branch Office at G.T. Road, Moga, Tehsil and District Moga, Punjab through its Constituted Attorney and Senior Manager Sh. Sandeep Kumar posted at Circle Sastra, Moga (Transferee Bank from erstwhile Oriental Bank of Commerce)

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……..Applicant/Plaintiff

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Versus

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Smt. Gurbir Kaur daughter of Sh. Sukhpal Singh resident of Village Jhandewala, Tehsil & District Moga. Borrower/Mortgagor

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Sh. Harjit Singh, son of Sh. Harnek Singh, resident of Village Jhandewala, Tehsil & District Moga. Guarantor

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…Defendants

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Advocates:

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Argued by Ms. Pavneet, Advocate proxy for Sh. Pankaj Beri, 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 bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendants for recovery of Rs.47,86,239.12p (Rupees Forty Seven Lacs Eighty Six Thousand Two Hundred Thirty Nine and Twelve Paise only). The Original Application has been filed through Sh. Sandeep Kumar, Senior Manager o f the applicant bank, who is competent to institute the Original Application

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vide Power of Attorney dated 04.11.2016, which is Annexure A1 to this OA.

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The brief facts of the OA are that the defendant No.1 had approached the applicant bank for the grant of OGC Limit of Rs.30.00 Lacs vide Loan Application form-cum-Process Note for OGC Facility dated 17.12.2012, which is Annexure A2 to this OA. 3. The applicant Bank sanctioned the OGC Limit of Rs.30.00 Lacs vide Sanction Letter dated 24.12.2012, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendant No.1. 4. Defendant No.1 had mortgaged her immovable properties i.e. total land measuring 97K-05M situated at Village Jhandewala, Tehsil and District Moga vide Registered Mortgaged Deed bearing Vasika No.7032 dated 24.12.2012 with its English Translation, which Annexure A6 to this OA. Documents executed:- Gazette Notification of Amalgamation dated 04.03.2020, which is Annexure A/A, to this OA; Agreement of Hypothecation & Agreement of Guarantee both dated 04.01.2013, which are Annexures A4 & A5 to this OA; Legal Notice dated 03.02.2023 with postal receipts, which is Annexure A7 to this OA and Statement of account duly certified, which is Annexure A8 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.47,86,239.12, 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. 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 30.05.2024. 7. In support of the OA, affidavit of Sh. Sandeep Kumar, Senior Manager, Punjab National Bank has been filed.

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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, the applicant bank had proved its case. From the perusal of all the Annexures A/A, A1 to A8 to this OA, it is proved that the defendants approached applicant bank 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 bank. 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 bank is entitled to recover a sum of Rs.47,86,239.12p (Rupees Forty Seven Lacs Eighty Six Thousand Two Hundred Thirty Nine and Twelve 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 pendente lite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest @ 11.50% p.a. with half yearly rests from 01.04.2023 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 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 defendants are liable to pay to the applicant a total sum of Rs.47,86,239.12p (Rupees Forty Seven Lacs Eighty Six Thousand Two

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Hundred Thirty Nine and Twelve 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 bank shall be entitled to recover 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 bank 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. 13. Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 31.08.2024. 15. Copy of this order be given dasti to the applicant bank 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: 08.08.2024

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

Punjab National Bank v. Smt. Gurbir Kaur

Case brief

What is this about?

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Punjab National Bank v. Smt. Gurbir Kaur

Case brief

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What did the court decide?

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