Allowed

Punjab and Sind Bank v. Smt Sadhana Sharma

DRT5 Jun 2026OA/182/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the Applicant Bank's original application for recovery of Rs. 25,06,270.45/- plus interest from three Defendants. Following ex-parte proceedings due to non-appearance, the Bank was declared entitled to recover dues from mortgaged assets and personal properties.

What did the court decide?

Defendants declared jointly and severally liable to pay Rs. 25,06,270.45/- with 10% interest from Jan 1, 2023; Recovery Certificate issued for enforcement.

Punjab and Sind Bank versus Smt Sadhana Sharma — Banking and Recovery | DRT (2026)

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“ORIGINAL APPLICATION” No. 182 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 182 OF 2023

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DATE OF DELIVERY OF ORDER 05.06.2026

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Punjab & Sind Bank having its Head Office, Bank House, 21, Rajendra Palace, New Delhi, Zonal Office, 30-31, Mohan Tower, Prince Road, Vidhyut Nagar, Ajmer Road, Jaipur, Rajasthan and one of its branch offices amongst other places at Nirman Nagar, Jaipur Rajasthan through Senior Manager & Power of Attorney holder Shri Rajendra Singh Rathore & Officer Smt. Chandni Mahaver.

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…..Applicant Bank…..

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VERSUS

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1. Smt. Sadhna Sharma W/o Shri Ghanshyam Sharma R/o Sirki Pada, Atalbandh, Behind City Hospital, Bharatpur, Rajasthan, 321001.

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2. Shri Rajat Sharma S/o Shri Ghanshyam Sharma R/o Flat No. S-109, 2^nd Floor, Plot No. 151 Vardhman, A-Block Vande Mantaram Marg, Behind Khusi VI, Ganpatpura, Jaipur – 302020.

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3. Shri Amit Kumar Sharma S/o Shri Suresh Sharma R/o 70/89, RHB Pratap Nagar, Jaipur.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Shantanu Soni Defendants Ex parte

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Order signed & uploaded on 06.06.2026.

OA No. 182 OF 2023

JUDGMENT

This Original Application was filed by the applicant bank on 30.01.2023 for recovery of outstanding amount of Rs. 25,06,270.45/- from the Defendants.

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As per the pleadings, Defendant No. 1 in the capacity of borrower & mortgager, Defendant no. 2 in the capacity of coborrower and Defendant no. 3 in the capacity of guarantor had approached the applicant bank for availing Housing Loan facility.

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After due consideration, Housing Loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2019 vide sanction letter dated 15.02.2019 for a total sum of Rs. 19 Lac.

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It is submitted that in order to further secured the advance facility by the Defendant No. 1 created equitable mortgage in favour of the Applicant Bank.

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As per the statement of account, cash was deposited by the Defendant of Rs. 18,000 on 30.01.2020, Rs. 17,000 on 29.02.2020 and Rs. 1,000 on 30.04.2021. Therefore, this OA is well within the limitation.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 31.03.2021. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 20.04.2023 and re-issued through court commissioner on 04.02.2025. The

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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Court Commissioner filed his report dated 02.04.2025. Despite Service none were appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 18.03.2026.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Rajendra Singh Rathore coupled with the recitals in the documents, viz Exhibit A/1 to A/24 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 182 OF 2023 is allowed declaring that: -

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 25,06,270.45/- (Rupees Twenty Five Lac Six Thousand Two Hundred Seventy and Forty Five Paisa Only) with pendente lite and future interest @ 10% (simple) from 01.01.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property –

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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Flat No. S-109, Second Floor, Plot No. 151, Scheme Vardhman Sarovar-A, Village- Ganpatpura, TehsilSanganer, Jaipur (Raj) Measuring 905 Sq. Ft.

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The Applicant Bank has filed an affidavit dated 03.02.2026 specifying certain assets to be considered under Para 3A of the OA. The affidavit be placed before the Recovery Officer for necessary action.

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d) The applicant bank is entitled to the costs of the O.A.

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11.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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12.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 14.07.2026 .

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13.Prepare Recovery Certificate accordingly.

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14.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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Order pronounced in the open court today i.e. 05.06.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 182 OF 2023

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DATE OF DELIVERY OF ORDER 05.06.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Smt. Sadhna Sharma W/o Shri Ghanshyam Sharma R/o Sirki Pada, Atalbandh, Behind City Hospital, Bharatpur, Rajasthan, 321001.

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2. Shri Rajat Sharma S/o Shri Ghanshyam Sharma R/o Flat No. S-109, 2^nd Floor, Plot No. 151 Vardhman, A-Block Vande Mantaram Marg, Behind Khusi VI, Ganpatpura, Jaipur – 302020.

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3. Shri Amit Kumar Sharma S/o Shri Suresh Sharma R/o 70/89, RHB Pratap Nagar, Jaipur.

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……Defendants…..

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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Recovery Certificate for Rs. 25,06,270.45/-

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In terms of final order dated 05.06.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 25,06,270.45/- (Rupees Twenty Five Lac Six Thousand Two Hundred Seventy and Forty Five Paisa Only) with pendente lite and future interest @ 10% (simple) from 01.01.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property –

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Flat No. S-109, Second Floor, Plot No. 151, Scheme Vardhman Sarovar-A, Village- Ganpatpura, TehsilSanganer, Jaipur (Raj) Measuring 905 Sq. Ft.

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The Applicant Bank has filed an affidavit dated 03.02.2026 specifying certain assets to be considered under Para 3A of the OA. The affidavit be placed before the Recovery Officer for necessary action.

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d) The applicant bank is entitled to the costs of the O.A.

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 14.07.2026 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 05.06.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 182 OF 2023

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DATE OF DELIVERY OF ORDER 05.06.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Smt. Sadhna Sharma W/o Shri Ghanshyam Sharma R/o Sirki Pada, Atalbandh, Behind City Hospital, Bharatpur, Rajasthan, 321001.

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2. Shri Rajat Sharma S/o Shri Ghanshyam Sharma R/o Flat No. S-109, 2^nd Floor, Plot No. 151 Vardhman, A-Block Vande Mantaram Marg, Behind Khusi VI, Ganpatpura, Jaipur – 302020.

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3. Shri Amit Kumar Sharma S/o Shri Suresh Sharma R/o 70/89, RHB Pratap Nagar, Jaipur.

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……Defendants…..

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Order signed & uploaded on 06.06.2026.

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OA No. 182 OF 2023

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	28,000.00
2	Process Fee (Inc. Publication)	171.10
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	39,421.10

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

OA No. 182 OF 2023

05.06.2026

Counsel:

Sh. Shantanu Soni, Counsel for Applicant Bank Defendants are ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

OA No. 182 OF 2023

05.06.2026

Counsel:

Sh. Shantanu Soni, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 05.06.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 05.06.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 06.06.2026.

Punjab and Sind Bank v. Smt Sadhana Sharma

Case brief

What is this about?

What did the court decide?

Punjab and Sind Bank v. Smt Sadhana Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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