Allowed

Punjab National Bank v. Mohinder Singh

DRT7 Jan 2025OA/416/2024

Case brief

AI extract

What is this about?

The DRT-III Chandigarh allowed the bank's original application for recovery of a loan classified as NPA. The court granted a uniform simple interest rate of 8% p.a. and ordered recovery from mortgaged properties or attachment of personal assets.

What did the court decide?

Recovery of Rs.25,60,385.76 with costs and simple interest at 8% p.a.; Recovery Certificate issued; Authority to enforce via sale of mortgaged properties or attachment of assets granted.

Punjab National Bank versus Mohinder Singh — Banking and Recovery | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.416/2024 PRESIDED OVER BYMRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 22.01.2024

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DATE OF DECISION: 07.01.2025 Punjab National Bank, a body corporate and nationalized Bank under the provisions of the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 with its Head Office at Plot No.4, Sector-10, Dwarka New Delhi-110075 and amongst others a Branch Office at Sheikhupur, tehsil Kapurthala, District Kapurthala (Punjab) through its constituted attorney and Senior Manager Sh. Ankur Rawat S/o Sh. K S Rawat posted at Punjab National Bank Circle Sastra Kapurthala.

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……..Applicant Versus Sh. Mohinder Singh S/o Sh. Harman Singh, R/o Village Gopipur, P.O. Khalu, Tehsil and District Kapurthala.

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….……Defendant

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Advocates:

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Argued by Sh. Anup Prajapati, Advocate proxy for Sh. Kanwar Harbir Singh Bath, Advocate for Applicant Defendants is ex parte

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FINAL ORDER

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Present Original Application was instituted by the applicant bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendant for recovery of Rs.25,60,385.76p (Rupees Twenty Five Lacs Sixty Thousand Three Hundred Eighty Five And Seventy Six Paisa Only). The Original Application has been filed through Sh. Ankur Rawat, Senior Manager o f the applicant bank, who is competent to institute the Original Application vide General Power of Attorney dated 04.11.2016, which is Annexure A2 to this OA.

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The brief facts of the OA that the defendant had approached the applicant bank for the grant of KCC Limit of Rs.17.50 Lacs vide Loan Application dated 05.08.2013, which is Annexure A3 to this OA. 3. The applicant Bank sanctioned the KCC Limit of Rs.17.50 Lacs vide Memorandum of Sanction dated 27.08.2013, which is Annexure A4 to this OA and the terms and conditions were duly accepted by the defendant. 4. Defendant had mortgaged his immovable properties i.e. total land measuring 24Kanal-04Marla situated at Village Gopipur, Tehsil and District Kapurtgala vide Registered Mortgage Deed bearing V asika No.1732 dated 14.08.2013 with its translation, which is Annexure A8 to this OA. Documents executed:- Collector rates, which is Annexure A1 to this OA; Hypothecation agreement, Letter of Undertaking and Letter of Consent all dated 27.08.2013, which are Annexures A5 to A7 to this OA; Balance and Security Confirmation letter dated 24.09.2015, 10.09.2018, 04.03.2021 & 19.12.2022, which are Annexures A9 to A12 to this OA; Legal Notice dated 25.08.2022 with postal receipts, which is Annexure A13 to this OA and Loan Account Statement with certificate, which is Annexure A14 to this OA. 5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.25,60,385.76p, which is recoverable and the defendant was served recall notices but they did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendant was served notices to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded exparte on 03.01.2025. 7. In support of the OA, affidavit of Sh. Ankur Rawat, Senior Manager, Punjab National Bank h as been filed. 8. Heard arguments and perused record

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It was argued by learned proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A14 to this OA, it is proved that the defendant approached applicant for availing of the loan facility which was granted to him and for that he had executed all the relevant documents in favour of the bank. The defendant failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendant was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.25,60,385.76p (Rupees Twenty Five Lacs Sixty Thousand Three Hundred Eighty Five And Seventy Six Paisa Only) along with interest from the defendant, from the date of filing of the present Original Application till realization of the account.

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In so far as pendent elite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest @10.00%p.a. along with penal interest @2.00%p.a. with half yearly rests from 27.08.2023 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendant, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @08.00%p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendant is liable to pay to the applicant a total sum of Rs.25,60,385.76p (Rupees Twenty Five Lacs Sixty Thousand Three Hundred Eighty Five And Seventy Six Paisa Only) with costs, current and

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future simple interest @08.00%p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendant in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendant. The applicant is at liberty to enforce the claim through due process of law.

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Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 18.02.2025.

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Copy of this order be given Dasti to the applicant bank and be sent to defendant through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 07.01.2025.

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Punjab National Bank v. Mohinder Singh

Case brief

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Punjab National Bank v. Mohinder Singh

Case brief

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