Allowed

Punjab Gramin Bank v. Sh. Ram Gir

DRT10 Oct 2025OA/779/2025

Case brief

AI extract

What is this about?

In an ex-parte ex-parte hearing, the Debt Recovery Tribunal allowed an application filed by Punjab Gramin Bank against Ram Gir for recovery of Rs. 23,14,805. The court declared the defendant liable and granted a reduction in the claimed interest rate to 8% p.a.

What did the court decide?

Declaration of liability to pay Rs. 23,14,805 with interest @8% p.a.; issuance of Recovery Certificate; liberty to enforce via SARFAESI Act.

Punjab Gramin Bank versus Sh. Ram Gir — Contract and Commercial Disputes | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.779/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 18.06.2025

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DATE OF DECISION: 10.10.2025

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Punjab Gramin Bank, a body corporate Constituted under the Provisions of the regional rural Bank Act 1976 (Act No.21 of 1976) having its Head Office at Markfed Road, Kapurthala Punjab and amongst others a branch office at Badalgarh, Tehsil Moonak, District Sangrur through Ms. Nisha Batta D/o Sh. Surinder Kumar, Branch Manager, General attorney and Principal Officer of the applicant Bank,.

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……..Applicant

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Versus

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Sh. Ram Gir S/o Sh. Mangal Gir R/o Village Bangan,Tehsil Moonak, District Sangrur, Punjab.

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………. Defendant

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Advocates:

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Argued by Ms.Komal Tuteja, Advocate proxy for Sh. Ajay Singla, Advocate for the applicant

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Defendant already ex-parte

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts & Bankruptcy Act 1993, against the defendant for recovery of Rs.23,14,805.00p (Rupees Twenty Three Lacs Fourteen Thousand Eight Hundred Five Only). The Original Application has been filed Ms. Nisha Batta, Branch Manager o f the applicant, who is competent to institute the Original Application vide General Power of attorney dated 03.09.2019, which is Annexure A1 to this OA.

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The brief facts of the OA are that the defendant had approached the applicant for grant of KCC Limit of Rs.10.00 Lacs, Term Loan of Rs.9.00 Lacs under KGC & Term Loan of Rs.1.00 Lac for Debt Swap

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OA NO.779/2025 PUNJAB GRAMIN BANK VS RAM GIR

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vide Loan applications dated 31.03.2016, which are Annexures A2, A7 & A12 to this OA.

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The applicant sanctioned of KCC Limit of Rs.10.00 Lacs, Term Loan of Rs. 9.00 Lacs under KGC & Term Loan of Rs.1.00 Lac for Debt Swap, vide Letter of arrangements dated 05.04.2016, which are Annexures A3, A8 & A13 to this OA and the terms and conditions were duly accepted by the defendant.

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Defendant had mortgaged his immovable properties i.e. total land measuring 327K-13M situated at Village Bangan, Hadbast No. 97, Tehsil Moonak, District Sangrur, Punjab vide declaration u/s 4(1) dated 07.04.2016 along with letter to Sub Registrar for creation of charge, which is Annexure A17 to this OA. Documents executed:- Loan agreement, Demand Promissory Note, Letter of Undertaking, all dated 13.04.2016, which are Annexures A4 to A6, A9 to A11 & A14 to A16 to this OA; Revival letters dated 11.07.2018, which are Annexures A18, A21 & A24 to this OA; Balance and Security Confirmation letters dated 12.04.2021 & 26.09.2023, which are Annexures A19, A20, A22, A23, A25 and A26 to this OA; Notice dated 18.12.2023 along with translation, which is Annexure A27 to this OA and Account statements along with certificates, which are Annexures A28 to A30 to this OA. 5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in loan accounts there was a debit of Rs.23,14,805.00p, which is recoverable and the defendant was served recall notices but he did not repay the outstanding amount, therefore, the applicant 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 were proceeded ex-parte on 04.08.2025.

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OA NO.779/2025 PUNJAB GRAMIN BANK VS RAM GIR

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In support of the OA, affidavit of Ms. Nisha Batta, Branch Manager, Punjab Gramin Bank, h as been filed.

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Heard ex-parte 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 A30 to this OA, it is proved that the defendant approached applicant for availing of the loan facilities which were 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 loans as per terms and conditions of the agreement between the parties. Subsequently, accounts of the defendant were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.23,14,805.00p (Rupees Twenty Three Lacs Fourteen Thousand Eight Hundred Five Only) along with interest from the defendant, from the date of filing of the present Original Application till realization of the accounts.

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In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @13.00%p.a. in all the accounts with half yearly rests from 12.11.2024 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 all the loan accounts 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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OA NO.779/2025 PUNJAB GRAMIN BANK VS RAM GIR

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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.23,14,805.00p (Rupees Twenty Three Lacs Fourteen Thousand Eight Hundred Five Only) with costs, current and future simple interest @08.00%p.a. in all the loan accounts 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. 12. Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 22.10.2025. 15. Copy of this order be given dasti to the applicant 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: 10.10.2025 (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Punjab Gramin Bank v. Sh. Ram Gir

Case brief

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Punjab Gramin Bank v. Sh. Ram Gir

Case brief

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