Allowed

Punjab National Bank (Oriental Bank of Commerce) v. Smt Sukhwinder Kaur

DRT28 Jul 2025OA/927/2022

Case brief

AI extract

What is this about?

The DRT allowed an application filed by Punjab National Bank for recovery of Rs. 31,95,610/- with interest against defendants who failed to appear. The court confirmed the loan obligation and directed issuance of a recovery certificate and sale of mortgaged property.

What did the court decide?

Recovery of Rs.31,95,610/- with interest @12.50% p.a.; issuance of Recovery Certificate; direction to sell mortgaged land and distribute proceeds.

Punjab National Bank (Oriental Bank of Commerce)… — 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: 927/2022 Date of Institution: 11.05.2022 Date of Decision: 28.07.2025

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Punjab National Bank (erstwhile Oriental Bank of Commerce) having its branches all over India and a branch at Sadar Bazar, Ferozepur Cantt, District Ferozepur, Punjab.

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……..Applicant

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Vs.

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Smt. Sukhwinder Kaur w/o Sh. Morh Singh, r/o Village Chuhar Khilchia, Tehsil and District Ferozepur, Punjab.

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Sh. Morh Singh s/o Sh. Sajjan Singh, r/o Village Chuhar Khilchia, Tehsil and District Ferozepur, Punjab.

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Sh. Balwant Singh s/o Sh. Havel Singh, r/o Village Chuhar Khilchia, Tehsil and District Ferozepur, Punjab.

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……….Defendants

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Advocates

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Ms. Seerat Sharma proxy counsel for Sh. Pankaj Beri, Counsel for the applicant bank.

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Defendants- ex parte vide order dated 16.10.2024 .

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OA for the Recovery of Rs.31,95,610/- with interest @12.50% per annum with half-yearly rests from 11.05.2022.

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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.31,95,610/- with interest against Smt. Sukhwinder Kaur and others (defendants).

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Bank’s case is that on 12.03.2014, it had granted a loan of Rs.20.00 Lacs to defendant Nos. 1 and 2 under OGC 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.3 stood as guarantor. The loan was chargeable to interest @12.50% per annum with half-yearly

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rests. On 28.02.2022, a sum of Rs.31,95,610/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 02.06.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 16.10.2024, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Sandeep Kumar, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-8. 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.20.00 Lacs and on 28.02.2022, a sum of Rs.31,95,610/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.31,95,610/- (Rupees Thirty One Lacs Ninety Five Thousand Six Hundred Ten Only) with interest @12.50% per annum with half-yearly rests from 11.05.2022, till the date of payment is hereby allowed with costs. The liability of all 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 03.09.2025, 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 .

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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: 28.07.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank (Oriental Bank of Commerce) v. Smt Sukhwinder Kaur

Case brief

What is this about?

What did the court decide?

Punjab National Bank (Oriental Bank of Commerce) v. Smt Sukhwinder Kaur

Case brief

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What did the court decide?

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