Allowed

Punjab National Bank v. M/S Pathania Poultry Farm

DRT7 Sept 2026OA/174/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the Application for Recovery filed by Punjab National Bank against the borrower and guarantors. The Bank proved the existence of the loan and the dues. The application was allowed ex parte, and a recovery certificate was directed to be issued for the recovery of the amount.

What did the court decide?

Recovery Application allowed; recovery certificate directed to be issued; defendants to incur joint and several liability for recovery.

Punjab National Bank versus M/S Pathania Poultry… — Contract and Commercial Disputes | DRT (2026)

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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: 174/2024

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Date of Institution: 05.12.2023 Date of Decision: 07.09.2026

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Punjab National Bank, branch office at Lubh, Tehsil Jawali, District Kangra, Circle Sastra Dharamshala (H.P.)

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…Applicant

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Vs.

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M/s Pathania Poultry Farm through Ranju Pathania, Proprietor, Village Golwan, Tehsil Nurpur, District Kangra (H.P.).

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Sunil Kumar S/o Shamsher Singh R/o Village Mohal Bari, P.O. Nurpur, District Kangra (H.P.).

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Surjit Singh S/o Sansar Singh R/o Village Golwan, P.O. Nurpur, District Kangra (H.P.).

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…Defendants

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Advocates

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Sh. Ankit Kaushal, Counsel for the Applicant Bank. Defendants – ex parte .

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OA for the Recovery of Rs.31,43,085/- with interest @9.75% per annum with monthly rests from 05.12.2023.

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ORDER

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On 05.12.2023, Punjab National Bank filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.31,43,085/- with interest against M/s Pathania Poultry Farm and others (defendants).

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Defendant No.1 is the borrower and defendant Nos.2 and 3 are the guarantors. Bank’s case is that on 01.03.2017, it had granted a Term Loan of Rs.18 lacs to defendant No.1 for Construction of Poultry Farm. To secure the loan, defendant No.1 had hypothecated assets and mortgaged his land (fully detailed in para No.5.4 of the application). Defendant Nos.2 and 3 stood as Guarantor for the above facility vide Guarantee Deed dated 16.03.2017. The loan was chargeable to interest @9.75% per annum with monthly rests. On 30.09.2023, a sum of Rs.31,43,085/- was due from the

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defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 15.02.2024, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 19.11.2024, they were proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Kartar Singh, Authorized Officer, along with the loan and security documents. 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 a loan of Rs.18 lacs and on 30.09.2023, a sum of Rs.31,43,085/- was due.
6. Accordingly, the application of the Bank for the recovery of
Rs.31,43,085/- (Rupees Thirty-One Lacs Forty-Three Thousand and Eighty-
Five Only) with interest @9.75% per annum with monthly rests from
05.12.2023, 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 hypothecated assets and mortgaged land (fully
detailed in para No.5.4 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
09.10.2026.
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: 07.09.2026 Presiding Officer DRT-1, Chandigarh HARSH

Punjab National Bank v. M/S Pathania Poultry Farm

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. M/S Pathania Poultry Farm

Case brief

What is this about?

What did the court decide?

What the court decided

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