Allowed

Punjab and Sind Bank v. Mahendra

DRT18 Sept 2025OA/1683/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's original application for recovery of Rs. 31,77,503.52 for a KCC facility. It declared the borrowers and guarantors liable and issued a recovery certificate based on Section 22, targeting hypothecated crops, charged land, and other assets.

What did the court decide?

Declaring joint and several liability to pay Rs. 31,77,503.52 with interest; recovery certificate issued against specified land crops and other assets.

Punjab and Sind Bank versus Mahendra — Banking and Recovery | DRT (2025)

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“ORIGINALAPPLICATION” No. 1683 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1683 OF 2024

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DATE OF DELIVERY OF ORDER 18.09.2025

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Punjab & Sind Bank, having its Head Office, Bank House, 21, Rajendra Palace, New Delhi, Zonal Office, 30-31, Mohan Tower, Prince Road, Vidhyut Nagar, Jaipur, Rajasthan and one of its Branch Office situated at Behror, District Alwar, Rajasthan through its Authorized Officer Manoj Kumar Sankhla.

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…..Applicant Bank…..

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VERSUS

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1. Mahendra S/o Shri Gyarsi Lal R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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2. Shish Ram S/o Shri Hari Ram R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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3. Roshan Lal S/o Shri Hari Ram, R/o Village Baberi, Tehsil Bansur, District Alwar, Rajasthan, 301412.

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……Defendants…..

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Counsel for the Applicant Bank Sh. R.C. Sharma Defendants Ex parte

OA No. 1683 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 01.11.2024 for recovery of outstanding amount of Rs. 31,77,503.52/- from the Defendants.

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As per the pleadings, Defendant No. 1 represented as principal borrower and Defendant no. 2 and 3 in the capacity of guarantor had approached the applicant bank for availing KCC facility. After due consideration, KCC facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2022 vide sanction letter dated 19.04.2022 for a total sum of Rs. 24,20,000/-. The said facility was secured by hypothecation of all crops/stock and also by creating charge on agricultural land under section 6 of RODA Act 1974. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 30.06.2023. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 02.01.2025 through court commissioner and the said court commissioner filed his report on 24.02.2025. Despite service none appeared on behalf of the Defendants, therefore, they were proceeded ex-parte and right to file reply was closed vide order dated 30.04.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Manoj Kumar Sankhla coupled with the recitals in the documents, viz Exhibit A/1 to A/11 marked

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OA No. 1683 of 2024

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on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 1683 of 2024 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 31,77,503.52/(Rupees Thirty One Lac Seventy Seven Thousand Five Hundred Three and Fifty Two Paisa only) with pendente lite and future interest @ 8% (simple) till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated crops / stock and charged agricultural property –

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S. No.	Village	Khasra No.	Area	of land
1	Babedi,	801	0.25	Total
	Tehsil Bansur,	802	0.30	1.07 Hector
	District	804	0.24
	Alwar, Rajasthan	822	0.28

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is

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OA No. 1683 of 2024

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entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 26.11.2025 .

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Prepare Recovery Certificate accordingly.

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10.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 18.09.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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OA No. 1683 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1683 OF 2024

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DATE OF DELIVERY OF ORDER 18.09.2025

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Mahendra S/o Shri Gyarsi Lal R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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2. Shish Ram S/o Shri Hari Ram R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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3. Roshan Lal S/o Shri Hari Ram, R/o Village Baberi, Tehsil Bansur, District Alwar, Rajasthan, 301412.

……Defendants…..

OA No. 1683 of 2024

Recovery Certificate for Rs. 31,77,503.52/-

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In terms of final order dated 18.09.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 31,77,503.52/-( Rupees Thirty One Lac Seventy Seven Thousand Five Hundred Three and Fifty Two Paisa only) with pendente lite and future interest @ 8% (simple) till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated crops / stock and charged agricultural property –

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S. No.	Village	Khasra No.	Area	of land
1	Babedi,	801	0.25	Total
	Tehsil Bansur,	802	0.30	1.07 Hector
	District	804	0.24
	Alwar, Rajasthan	822	0.28

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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OA No. 1683 of 2024

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 26.11.2025 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 18.09.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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OA No. 1683 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1683 OF 2024

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DATE OF DELIVERY OF ORDER 18.09.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Mahendra S/o Shri Gyarsi Lal R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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2. Shish Ram S/o Shri Hari Ram R/o Village Baberi, Tehsil Bansur, Disttrict Alwar (Rajasthan)-301412.

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3. Roshan Lal S/o Shri Hari Ram, R/o Village Baberi, Tehsil Bansur, District Alwar, Rajasthan, 301412.

……Defendants…..

OA No. 1683 of 2024

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	34,005.00
2	Process Fee (Inc. Publication)	NIL
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	6667.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	41,922.00

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*The court commissioner who was appointed in this OA was also appointed in other two OAs also. Accordingly, proportionate court fees is added in this OA.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1683 of 2024

18.09.2025

Counsel:

Sh. R.C. Sharma, Counsel for Applicant Bank Defendants are ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1683 of 2024

18.09.2025

Counsel:

Sh. R.C. Sharma, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 18.09.2025 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 18.09.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

Punjab and Sind Bank v. Mahendra

Case brief

What is this about?

What did the court decide?

Punjab and Sind Bank v. Mahendra

Case brief

What is this about?

What did the court decide?

What the court decided

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