Allowed

Punjab National Bank v. Late Smt. Sukhvinder Kaur @Sukhwinder Kaur

DRT25 Aug 2025OA/2100/2022

Case brief

AI extract

What is this about?

The DRT-I, Chandigarh allowed an application filed by Punjab National Bank under Section 19 of the RDB Act for recovery of a loan of Rs. 41,05,418.50 along with interest from the respondents. The court held that the bank proved its case and directed issuance of a recovery certificate.

What did the court decide?

Application allowed. Recovery Certificate to be issued. Parties directed to appear for distribution of sale proceeds.

Punjab National Bank versus Late Smt. Sukhvinder… — 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: 2100/2022 Date of Institution: 19.10.2022 Date of Decision: 25.08.2025

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Punjab National Bank having its branches all over India and a branch at Nurmahal, District Jalandhar, Punjab.

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……..Applicant

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Vs.

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Late Smt. Sukhvinder Kaur @Sukhwinder Kaur w/o Sh. Sudarshan Singh Tuli, r/o H.No.110, Mohalla Suraina, Nurmahal, Tehsil Phillaur, District Jalandhar, Punjab, through her legal heirs i.e. defendant Nos. 2 to 5.

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Sh. Sudarshan Singh Tuli s/o Sh. Desa Singh, r/o Mohalla Suraina, Nurmahal, Tehsil Phillaur, District Jalandhar, Punjab.

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Sh. Maninder Singh s/o Sh. Sudarshan Singh Tuli, r/o Mohalla Suraina, Nurmahal, Tehsil Phillaur, District Jalandhar, Punjab.

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Sh. Davinder Singh s/o Sh. Sudarshan Singh Tuli, r/o Mohalla Suraina, Nurmahal, Tehsil Phillaur, District Jalandhar, Punjab.

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Smt. Manjit Kaur d/o Sh. Sudarshan Singh Tuli, r/o Mohalla Suraina, Nurmahal, Tehsil Phillaur, District Jalandhar, Punjab.

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……….Defendants

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Advocates

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Ms. Lovedeep Kaur proxy counsel for Ms. Puja Sharma, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 13.12.2023 .

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OA for the Recovery of Rs.41,05,418.50p with interest @9.25% per annum with half-yearly rests from 19.10.2022.

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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.41,05,418.50p with interest against Smt. Sukhvinder Kaur @Sukhwinder Kaur and others (defendants).

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Bank’s case is that on 28.02.2014, it had granted a loan of Rs.30.00 Lacs to defendant Nos. 1 & 2 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged her land (fully detailed in para No.3A of the application). Defendant No.1 is now deceased and her legal heirs have been impleaded and arrayed as defendant Nos. 2 to 5. The loan was chargeable to interest @9.25% per annum with half-yearly rests. On 02.09.2022, a sum of Rs.41,05,418.50p was due from the defendants. The defendants had duly acknowledged their liability towards the debt on 18.04.2017 & 23.10.2019. Despite repeated requests, defendants did not make the repayment. Hence, this application. 3. On 07.02.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 13.12.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Sachin Sharma, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-11. 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.30.00 Lacs and on 02.09.2022, a sum of Rs.41,05,418.50p was due. 6. Accordingly, the application of the bank for the recovery of Rs.41,05,418.50p (Rupees Forty One Lacs Five Thousand Four Hundred Eighteen and Paise Fifty Only) with interest @9.25% per annum with halfyearly rests from 19.10.2022, till the date of payment is hereby allowed with costs. The liability of defendant Nos. 2 to 5 would be limited to the extent of the property inherited by them from Smt. Sukhvinder Kaur @Sukhwinder Kaur. Defendant No.2 would be liable for the whole decretal amount being the co-borrower and also in the capacity of legal heir. Bank can recover its dues by the sale of mortgaged land fully detailed

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in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendant No.2. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 03.10.2025, who is directed to distribute the sale proceeds of the mortgaged land and standing crops as per the provisions of Section 19(20AB) 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: 25.08.2025 Presiding Officer DRT-1, Chandigarh

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MANOJ KALRA

Punjab National Bank v. Late Smt. Sukhvinder Kaur @Sukhwinder Kaur

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Punjab National Bank v. Late Smt. Sukhvinder Kaur @Sukhwinder Kaur

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