Allowed

Punjab National Bank (Oriental Bank of Commerce) v. Smt Kulwinder Kaur

DRT25 Jul 2025OA/1006/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of outstanding dues along with interest and costs. The court issued a recovery certificate and directed distribution of mortgage sale proceeds through a Recovery Officer.

What did the court decide?

Recovery of Rs. 31,82,527.54 with interest, costs, and issuance of Recovery Certificate; direction to Recovery Officer to distribute sale proceeds.

Punjab National Bank (Oriental Bank of Commerce) versus Smt… — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1006 of 2022 Date of Institution: 02.05.2022 Date of Decision: 25.07.2025

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Punjab National Bank (e-Oriental bank of Commerce) having its branches all over India and a branch at Adampur, District Jalandhar, Punjab.

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……..Applicant

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Vs.

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Smt. Kulwinder Kaur w/o Daljit Singh VPO Manakrai, District Jalandhar, Punjab.

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Surjit Singh s/o Sh. Lachman Singh r/o Village Manakraj, District Jalandhar, Punjab.

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……….Defendants

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Advocates

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Sh. Ankush Redhu proxy counsel for Sh. Iqbal Mohammed, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.31,82,527.54p with interest @8.80% per annum with half-yearly rests from 02.05.2022.

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ORDER

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Punjab National 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 31,82,527.54p with interest against Smt. Kulwinder Kaur and another (defendants).

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Bank’s case is that on 18.12.2012, it had granted a loan of Rs.20.00Lacs to Defendant nos. 1 and 2 in the form of OGC Limit for agricultural purpose. To secure the loan, Defendant no. 1 had mortgaged her land (fully detailed in para No.3A of the application). The loan was chargeable to interest @8.80% per annum with half-yearly rests. The Defendants had duly acknowledged their liability for the debt on 17.12.2015, 22.12.2017 and 14.02.2020. On 31.03.2022, a sum of

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Rs.31,82,527.54p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 16.06.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance.Vide_order dated 30.11.2023, they were proceeded_ex parte.
4. In order to prove its case, the Bank has placed on record the
affidavit of Mr. Vinay Kumar, Authorised Officer along with the loan and security documents and marked them as Exhibit A-1 to A-13. 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.20.00Lacs and on 31.03.2022, a sum of Rs.31,82,527.54p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.31,82,527.54p (Rupees Thirty One Lacs Eighty Two Thousand Five
Hundred Twenty Seven and Fifty Four Paise Only) with interest @8.80% per annum with half-yearly rests from 02.05.2022, till the date of payment is hereby allowed with costs. The liability of both the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A) of the application as well as from the personal movable and immovable property(ies) of the defendants. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on
02.09.2025,who is directed to distribute the sale proceeds of the
mortgaged property(ies) as per the provisions of Section 19(20-AB) of the Act.

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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: 25.07.2025 Presiding Officer DRT-1, Chandigarh

Punjab National Bank (Oriental Bank of Commerce) v. Smt Kulwinder Kaur

Case brief

What is this about?

What did the court decide?

Punjab National Bank (Oriental Bank of Commerce) v. Smt Kulwinder Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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