Allowed

Punjab National Bank v. Sh Balwant Chauhan

DRT23 Oct 2025OA/2165/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs.21,71,016.57p principal and interest against two defendants, one mortgagor and one guarantor, following ex parte proceedings. The asset sale distribution was remanded to a Recovery Officer.

What did the court decide?

Application allowed; Recovery Certificate issued; Petitioners to recover dues from mortgaged land and personal movable/immovable property.

Punjab National Bank versus Sh Balwant Chauhan — 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: 2165 of 2022 Date of Institution: 17.11.2022 Date of Decision: 23.10.2025

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Punjab National Bank having its branches all over India and a branch at The Mall Road, Shimla, Himachal Pradesh.

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……..Applicant Vs.

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Sh. Balwant Chauhan s/o Sh. Ranjit Singh Chauhan V.P.O. Mahasu, the Kotkhai District Shimla, Himachal Pradesh.

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Sh. Ashok Chauhan s/o Net Ram Village Dhangvi, V.P.O. Kotkhai, District Shimla, Himachal Pradesh.

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……….Defendants

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Advocates

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Ms. Pinki proxy counsel for Sh. P.S. Sobti, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.21,71,016.57p with interest @8.50% per annum with yearly rests from 17.11.2022.

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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.21,71,016.57p with interest against Sh. Balwant Chauhan and another (defendants).

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Bank’s case is that on 01.12.2016, it had granted a loan of Rs.15.00Lacs to defendant no. 1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant no.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant no.2 stood as the guarantor. The loan was chargeable to interest @8.50% per annum with yearly rests. The defendants had acknowledged the liability towards the debt on 30.10.2019. On 30.09.2022, a sum of

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Rs.21,71,016.57p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 13.12.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 29.04.2024, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the
affidavit of Mr. J.P. Negi, 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.15.00Lacs and on 30.09.2022, a sum of Rs.21,71,016.57p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.21,71,016.57p (Rupees Twenty One Lacs Seventy One Thousand Sixteen and Fifty Seven Paise Only) with interest @8.50% per annum with yearly rests from 17.11.2022, 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
25.11.2025,who is directed to distribute the sale proceeds of the
mortgaged property(ies) and standing crops 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: 23.10.2025 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Punjab National Bank v. Sh Balwant Chauhan

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sh Balwant Chauhan

Case brief

What is this about?

What did the court decide?

What the court decided

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