Allowed

Punjab National Bank v. Brij Lal

DRT29 Aug 2025OA/41/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs.43,72,666/- with interest arising from a home loan granted to the defendants, who were proceeded against ex parte. The court upheld the bank's proof of the loan and the debt due on November 30, 2021.

What did the court decide?

Recovery of Rs.43,72,666/- plus interest at 8.70% per annum allowed; joint and several liability imposed; recovery certificate issued; parties directed to appear before Recovery Officer on 09.10.2025.

Punjab National Bank versus Brij Lal — 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: 41/2022 Date of Institution: 03.01.2022 Date of Decision: 29.08.2025

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Punjab National Bank having its branches all over India and a branch at Darlaghat Sulhi, Tehsil Akri, District Solan, Himachal Pradesh.

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……..Applicant Vs.

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Brij Lal s/o Sh. Brikhu Ram, r/o Village Kotla, P.O. Hanuman Barog, Tehsil Arki, Darlaghat, District Solan, Himachal Pradesh. 2^nd Address: Vijay Nagar, Lower Totu, Shimla, Himachal Pradesh.

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Kamla Devi w/o Sh. Brikhu Ram, r/o Village Kotla, P.O. Hanuman Barog, Tehsil Arki, Darlaghat, District Solan, Himachal Pradesh.

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……….Defendants

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Advocates

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Sh. Krishan Kumar, Counsel for the applicant bank. Defendants - ex parte vide order dated 03.11.2023 .

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OA for the Recovery of Rs.43,72,666/- with interest @8.70% per annum with monthly rests from 03.01.2022. 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.43,72,666/- with interest against Sh. Brij Lal and another (defendants).

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Bank’s case is that on 18.03.2017, it had granted a Home Loan of Rs.40.00 Lacs to defendant No.1 for Housing purpose. To secure the loan, Defendant No.1 had mortgaged his property (fully detailed in para No.5(vii) of the application). Defendant No.2 stood as guarantor. The loan was chargeable to interest @8.70% per annum with monthly rests. On 30.11.2021, a sum of Rs.43,72,666/- was due from the defendants. The defendants had duly acknowledged their liability towards the debt on 16.03.2020. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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3. On 30.03.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.11.2023, they were proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Ashish Adhikari, Senior 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.40.00 Lacs and on 30.11.2021, a sum of Rs.43,72,666/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.43,72,666/- (Rupees Forty Three Lacs Seventy Two Thousand Six
Hundred Sixty Six Only) with interest @8.70% per annum with monthly rests from 03.01.2022, 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 property fully detailed in para No.5(vii) 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
09.10.2025,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.
Pronounced in the open Court. (A S Narang) Dated: 29.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank v. Brij Lal

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Brij Lal

Case brief

What is this about?

What did the court decide?

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