Allowed

Punjab National Bank v. Bhartu Ram Ashish Kumar

DRT21 Oct 2025TA/119/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's application for recovery of dues of Rs.1.82 crore arising from a default in a cash credit facility. The court rejected the defense arguments as the case was unrebutted and the defendants were absent, directing an ex-parte judgment in favor of the bank.

What did the court decide?

Defendants ordered to pay Rs.1,82,97,667.22 along with pending and future interest and costs within 30 days, failing which properties will be sold.

Punjab National Bank versus Bhartu Ram Ashish Kumar — Contract and Commercial Disputes | DRT (2025)

¶1

T.A. No. 119 of 2023

¶2

Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

¶3

Presiding Officer: Shri Govind Ballabh Sharma

¶4

T.A. No. 119 of 2023

¶5

Punjab National Bank Circle Sastra Centre North Delhi Gurudwara Road, Karol Bagh New Delhi-110005

¶6

Applicant

¶7

Versus

¶8

M/s Bhartu Ram Ashish Kumar

¶9

Through its Sole Proprietor

¶10

Sh. Ram Gopal Bansal 2269/71, Gali Raghunanadan Naya Bazar, Delhi-110006

¶11

Also at:

¶12

M/s Bhartu Ram Ashish Kumar

¶13

2533-2/17, Gali Lalten Wali

¶14

Naya Bazar, Delhi-110006

¶15

Sh. Ram Gopal Bansal 892, Gali no.1A, Swatantra Nagar Narela, Delhi Defendants

¶16

Present: Ms. Nishi Chaudhary, Counsel for the applicant bank Date of Reserve: 06.10.2025 Date of Pronouncement: 21.10.2025

¶17

FINAL ORDER

¶18

This original application has been filed by the applicant before DRT III, Delhi on 25.06.2018 and then transferred to DRT-I Delhi through Shri Harsh Khaneja, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act,

¶19

¶20

T.A. No. 119 of 2023

¶21

1993 against the defendants for recovery of Rs.1,82,97,667.22 (Rupees One Crore Eighty Two Lacs Ninety Seven Thousand Six Hundred Sixty Seven & paisa Twenty Two only) together with pendentelite and future interest @10.15% per annum with monthly rests from the date of filing of this application till the date of realization and costs. Further, the name of Sh.Narender Singh Bisht was substituted as AR in place of Shri Harsh Khaneja, erstwhile AR for the applicant bank

¶22

The brief facts of the case are that at the request of defendant no.1 through its proprietor being defendant no.2 in the business of trading of food grains, the applicant bank sanctioned Cash Credit (Pledge) facility for a sum of Rs.1000 Lacs on 28.07.2014 @11.25% interest per annum with monthly rests against pledge of Warehouse receipts issued by NBHC (National Bulk Holding Corporation).

¶23

That in order to avail the aforesaid loan facility, the defendants submitted loan application and executed Sanction Letter, Supplementary Agreement, Advances against Receipts Warehouse, Master Undertaking and Letter of Undertaking in favour of the applicant bank on 28.07.2014.

¶24

It has been submitted that after availing the aforesaid loan facility, the defendants miserably failed and neglected to maintain financial discipline as per terms and conditions of sanction despite various notices and reminders issued by the applicant bank to the defendants from 09.02.2017 to 21.03.2018. The applicant bank classified the account as NPA on 26.04.2017 as per RBI guidelines and issued recall notice on 05.05.2017 but the defendants failed to regularize the account.

¶25

¶26

T.A. No. 119 of 2023

¶27

Further, in view of no response from the defendants, the applicant bank auctioned the commodities on different dates between 18.08.2017 to 12.09.2017 for Rs.2,57,00,712/- and adjusted the amount in the account and now the amount due from the defendants upto 15.06.2018 is Rs.1,82,97,667.22. Hence, the applicant bank has approached this tribunal for recovery of its remaining dues.

¶28

Notices of this O.A. were issued to the defendants and despite proper service, the defendants have chosen to absent from the proceedings. As per order dated 28.11.2024, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal and even no written statement, evidence & affidavit of asset have been filed by the defendants.

¶29

In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Narender Singh Bisht, authorized representative of the applicant bank who has proved the documents as Power of Attorney, Loan Application, Acceptance Letter, Supplementary Agreement, Advance against Warehouse Receipts, Master Undertaking, Letter of Undertaking, Reminder letters, NPA Certificate, Recall Notice, Statement of Account, Balance and Security Confirmation Letter marked as Ex.AW-1/1 to Ex.AW-1/12.

¶30

The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly proved.

¶31

The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant

Sod-

T.A. No. 119 of 2023

bank and the applicant bank has proved its case beyond reasonable doubts.

¶36

In the light of the above discussions, the Original Application deserves to be allowed.

¶37

ORDER

¶38

I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within 30 days, a sum of Rs.1,82,97,667.22 (Rupees One Crore Eighty Two Lacs Ninety Seven Thousand Six Hundred Seventy Seven and Paisa Twenty Two only) together with pendentelite and future interest @10.15% per annum with monthly rests from the date of filing of this application till the date of realization along with costs failing which the aforesaid amount shall be recovered from the sale of movable and immovable properties of the defendants.

¶39

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

¶40

(III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 19.12.2025.

¶41

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

¶42

(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

¶43

(Dictated and pronounced in open court) Dated: 21.10.2025

¶44

Punjab National Bank v. Bhartu Ram Ashish Kumar

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Bhartu Ram Ashish Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Punjab and Sind Bank versus M/S Vahe Guru International

Punjab National Bank versus Naman Jain and Ors.

Mohammad Fayyaz S/O Mohammad Ibrahim versus Idbi Bank Ltd.

Murali Medicals versus Catholic Syrian Bank Limited

Punjab National Bank versus Waseemraj Gafarsab Shilledar

Canara Bank (Syndicate Bank) versus Prakash Shetty