Allowed

Central Bank of India v. Avtar Singh and Others

DRT6 Aug 2024OA/926/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank 's application for recovery of Rs. 38,98,837 from borrowers and guarantor. The Tribunal fixed simple interest at 8% p.a. and directed issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 38,98,837 along with costs and simple interest at 8% p.a.; issue of Recovery Certificate; entitlement to recover from sale of mortgaged or personal assets.

Central Bank of India versus Avtar Singh and Others — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.926/2023

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PRESIDED OVER BYMRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 21.07.2023

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DATE OF DECISION: 06.08.2024

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Central Bank of India, a body corporate constituted under the banking companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at Chander Mukhi Building, Nariman Point, Mumbai 400021 and having one of its Branch situated at Central Bank of India, Mahavir Road, Behind old truck union, Mandi Ahmedgarh, District Malerkotla, Punjab through Mrs. Urvashi Sharma who is presently working as Senior Manager, Central Bank of India, Regional Office, K.P. Complex, Adj. Hotel Park Plaza, Ferozepur Road, Ludhiana, Punjab constituted Power of Attorney Holder of the Bank and Principal Officer.

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…..Applicant

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Versus

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Mr. Avtar Singh S/o Harbans Singh, R/o Villlage Dhurkot, Tehsil and District Ludhiana, Punjab. (Borrower/Mortgagor)

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Mr. Paramjit Singh S/o Sh. Harbans Singh, R/o Villlage Dhurkot, Tehsil and District Ludhiana, Punjab. (Co-Borrower/Mortgagor)

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Mr. Harjit Singh S/o Sh. Amar Singh, R/o Villlage Dhurkot, Tehsil and District Ludhiana, Punjab. (Guarantor)

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….……Defendants

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Advocates:

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Argued by Ms. Ritika Kansal, Advocate proxy for Sh. Surinder Nath Sharma, 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.38,98,837.00 (Rupees Thirty Eight Lacs Ninety Eight Thousand Eight Hundred Thirty Seven Only). The Original Application has been filed through Mrs. Urvashi Sharma, Senior Manager o f the applicant

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bank, who is competent to institute the Original Application vide Power of Attorney dated 24.03.2014, which is Annexure A1 to this OA.

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The brief facts of the OA are that the Defendant no.1 & 2 had approached the applicant bank for the grant of KCC Limit of Rs. 20.00 Lacs vide Loan application dated 20.02.2013, which is Annexure A2 to this OA. Thereafter approached for its Renewal Loan vide Renewal Letter dated 01.06.2017, which is Annexures A21 to this OA. Defendant No.3 stood as guarantor.

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The applicant Bank sanctioned the KCC Limit of Rs. 20.00 Lacs vide Process note cum Sanction Letter dated 19.03.2013, which is Annexure A3 to this OA and Further renewed the KCC Limit and the terms and conditions were duly accepted by the defendants.

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Defendant no.1 & 2 had mortgaged immovable property i.e. land measuring 16 Kanal 2 Marla situated at Villlage Dhurkot, Tehsil and District Ludhiana, Punjab vide Registered Mortgage Deed bearing vasika no.3556 dated 25.07.2013 along with its translation, which are Annexures A5 & A5T to this OA.

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Documents executed: - General Power of Attorney of Mr. Sukhwinder Singh dated 06.07.2013, which is Annexure A4 to this OA; Advocate Report on Title, Loan cum Hypothecation Agreement, D.P. note, Letter of waiver, Letter declaring acceptance of consent clause by Borrower, Guarantee Agreement, Letter declaring acceptance of consent clause by Guarantor and Letter of Continuity all dated 26.07.2013, which are Annexures A6 to A13 to this OA; Loan cum Hypothecation Agreement, Supplementary Agreement, D.P. Note, Letter of waiver, Letter declaring acceptance of consent clause by Borrower and Letter of Continuity all dated 19.04.2016, which are Annexures A14 to A19 to this OA; Certification of Mutation by Advocate to the Bank dated 09.06.2016, which is Annexures A20 to this OA; Notice of Recall of Bank’s dues by Advocate dated 08.02.2023 with postal receipts, which is Annexure A22 to this OA and Statement of Account with certificate, which is Annexure A23 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.38,98,837.00 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.

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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 22.05.2024.

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In support of the OA, affidavit of Mrs. Urvashi Sharma, Senior Manager, Central Bank of India 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, the applicant bank had proved its case. From the perusal of all the Annexures A1 to A23 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 loans 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.38,98,837.00 (Rupees Thirty Eight Lacs Ninety Eight Thousand Eight Hundred Thirty Seven 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. 10. In so far as pendent elite and future rate of interest is concerned, the applicant bank in relief clause has claimed pendent elite and future interest @12.60% p.a. along with penal interest @2%p.a. with half yearly rests from 15.06.2023 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

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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 both the loan accounts 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 defendants are liable to pay to the applicant a total sum of Rs. Rs.38,98,837.00 (Rupees Thirty Eight Lacs Ninety Eight Thousand Eight Hundred Thirty Seven Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in both the loan accounts 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 29.08.2024.

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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

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Dated: 06.08.2024

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

Central Bank of India v. Avtar Singh and Others

Case brief

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Central Bank of India v. Avtar Singh and Others

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