Allowed

Punjab National Bank (Oriental Bank of Commerce) v. M/S Happy Healthy Hospitality (H.H.H.)

DRT25 Aug 2025OA/1186/2022

Case brief

AI extract

What is this about?

Punjab National Bank filed an application for recovery of Rs.51.96 lakhs as dues arising from a Credit Card limit and term loan granted to a partnership firm and its partners. The defendants failed to appear, leading to an ex parte proceeding. The Tribunal found the loan advance proven and allowed the bank's application for recovery with a direction to issue a Recovery Certificate.

What did the court decide?

Recovery of Rs.51,96,464/- with interest at 10.60% p.a. allowed; Recovery Certificate issued; Sale proceeds of mortgaged property to be distributed jointly and severally.

Punjab National Bank (Oriental Bank of Commerce)… — Contract and Commercial Disputes | 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: 1186/2022

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Date of Institution: 03.06.2022 Date of Decision: 25.08.2025

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Punjab National Bank (erstwhile Oriental Bank of Commerce) having its branches all over India and a branch at Branch Bye Pass, Solan, Himachal Pradesh through its recovery vertical i.e. Circle Sastra Centre, Solan, Himachal Pradesh.

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……..Applicant Vs.

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M/s Happy Healthy Hospitality (H.H.H.), a partnership firm with principle business place at Village Kawag, Near Chopra Niwas, PO Shamti Solon, Himachal Pradesh, through its partners Sh. Ram Lal s/o Sh. Dhanna Ram and Smt. Sapna d/o Sh. Ram Lal.

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Sh. Ram Lal s/o Sh. Dhanna Ram, r/o Village Chhakaryaal Tehsil & District Shimla, Himachal Pradesh being the partner of M/s Happy Healthy Hospitality (H.H.H.).

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Smt. Sapna d/o Sh. Ram Lal, r/o Village Chhakaryaal Tehsil & District Shimla, Himachal Pradesh being the partner of M/s Happy Healthy Hospitality (H.H.H.).

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……….Defendants

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Advocates

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Sh. Pancham Sharma, Counsel for the applicant bank. Defendants - ex parte vide order dated 14.02.2023 .

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OA for the Recovery of Rs.51,96,464/- with interest @10.60 per annum with monthly rests from 03.06.2022.

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ORDER

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Punjab National Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.51,96,464/- with interest against M/s Happy Healthy Hospitality (H.H.H.) and others (defendants).

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Bank’s case is that on 28.05.2019, it had granted a C.C. Limit of Rs.11.60 Lacs and a Term Loan of Rs.35.00 Lacs to defendant Nos. 1 through its partners i.e. defendant Nos. 2 and 3 in the form of C.C Limit for Business purpose. To secure the loan, Defendant No.2 had mortgaged his property (fully detailed in para No.3A of the application). The loans were chargeable to different rates of interest. On 30.04.2022, a sum of Rs.51,96,464/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 06.07.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 14.02.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Armaan Lovras, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-9.

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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.46.60 Lacs (Rs.11.60 Lacs in C.C. Limit and Rs.35.00 Lacs in Term Loan) and on 30.04.2022, a sum of Rs.51,96,464/- was due.

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Accordingly, the application of the bank for the recovery of Rs.51,96,464/- (Rupees Fifty One Lacs Ninety Six Thousand Four Hundred Sixty Four Only) @10.60% per annum with monthly rests from 03.06.2022, 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 land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 03.10.2025, who is directed to distribute the sale proceeds of the mortgaged 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.

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Pronounced in the open Court. (A S Narang) Dated: 25.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank (Oriental Bank of Commerce) v. M/S Happy Healthy Hospitality (H.H.H.)

Case brief

What is this about?

What did the court decide?

Punjab National Bank (Oriental Bank of Commerce) v. M/S Happy Healthy Hospitality (H.H.H.)

Case brief

What is this about?

What did the court decide?

What the court decided

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