Allowed

Canara Bank v. Smt. Navjeet Kaur

DRT24 Apr 2024OA/670/2022

Case brief

AI extract

What is this about?

In an order under Section 19 of the RDB Act, the Presiding Officer of DRT-I, Chandigarh allowed an application filed by Canara Bank for the recovery of Rs. 39,62,684.92 with interest against two defendants who secured a housing loan through a mortgage. The defendants were proceeded ex parte.

What did the court decide?

Recovery of Rs.39,62,684.92 with interest @9.50% per annum and costs; issuance of Recovery Certificate; direction to apply Section 13(4)(xi) RDB Act for sale of mortgaged property.

Canara Bank versus Smt. Navjeet Kaur — Consumer Protection | DRT (2024)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 670 of 2022 Date of Institution: 08.04.2022 Date of Decision: 24.04.2024

¶4

Canara Bank, Boota Mandi Jalandhar, District Jalandhar, Punjab.

¶5

……..Applicant

¶6

Vs.

¶7

Smt. Navjeet Kaur W/o Sh. Jaspal Singh, R/o H. No.56/1, Mithapur Road, Near Gol Market Jalandahr, District Jalandhar, Punjab-144002.

¶8

IInd Address:-

¶9

H. No.32, Rishi Nagar Jalandhar, District Jalandhar, Punjab144003.

¶10

Sh. Jaspal Singh S/o Sh. Jagir Singh, R/o H. No.56/1, Mithapur Road, Near Gol Market Jalandahr, District Jalandhar, Punjab144002.

¶11

IInd Address:-

¶12

H. No.32, Rishi Nagar Jalandhar, District Jalandhar, Punjab144003.

¶13

……….Defendants

¶14

Advocates

¶15

Sh. P. K. Arora, Counsel for the applicant bank. Defendants- Ex parte.

¶16

OA for the Recovery of Rs.39,62,684.92p with interest @9.50% per annum with monthly rests from 13.03.2022.

¶17

ORDER

¶18

Canara Bank (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.39,62,684.92p with interest against Smt. Navjeet Kaur And Another (defendants).

¶19

¶20

Bank’s case is that on 09.04.2019, it had granted Housing Loan of Rs.35.00 lacs to defendants. To secure the loan, Defendants had mortgaged their immovable property situated at Village Mithupur, District Jalandhar, Punjab (fully detailed in para No.3A of the application). The loan was chargeable to interest @8.80% per annum with monthly rests. On 12.03.2022, a sum of Rs.39,62,684.92p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶21

On 10.05.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 19.05.2023, they were proceeded ex parte .

¶22

In order to prove its case, the Bank has placed on record the affidavit of Mr. Vimal Kumar, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-8. 5. I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced the loan of Rs.35.00 lacs and on 12.03.2022, a sum of Rs.39,62,684.92p was due. 6. Accordingly, the application of the bank for the recovery of Rs.39,62,684.92p (Rupees Thirty Nine Lacs Sixty Two Thousand Six Hundred Eighty Four And Paisa Ninety Two Only) with interest @9.50% per annum with monthly rests from 13.03.2022, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged property situated at Village Mithapur, District Jalandhar, Punjab (fully detailed in para No.3A of the application) as well as from the personal movable and immovable property(ies) of the defendants.

¶23

¶24

Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 24.05.2024 , who is directed to distribute the sale proceeds of the mortgage property as per the provisions of Section 19(20-AB) of the Act . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open court. (A S Narang) Dated: 24.04.2024 Presiding Officer DRT-1, Chandigarh

Canara Bank v. Smt. Navjeet Kaur

Case brief

What is this about?

What did the court decide?

Canara Bank v. Smt. Navjeet Kaur

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

Similar cases

Yes Bank versus Dipak

P M Creation and Others versus Axis Bank

Gopinath Craetion Others versus Indian Bank

Anamika Pritesh Patel through Her Power of Attorney Holder Dr Harish Sanabhai Patel versus Punjab National Bank

Central Bank of India versus Ms Omkar Food Products

Jammu and Kashmir Bank Limited versus M/S Srinagar Educational Trust