Allowed

Punjab National Bank v. Sh. Partap Chand

DRT25 Mar 2026OA/539/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Punjab National Bank for recovery of dues. The bank proved the advance of a loan against an acknowledgment of debt. The defendants failed to appear after being served summons. The court decreed recovery from the legal heirs of the deceased defendant within the extent of inherited property and from the remaining defendant jointly and sever

What did the court decide?

Application allowed; recovery of ₹29,35,143.59p with interest from legal heirs to the extent of inherited property and from surviving defendant for the whole amount; Recovery Certificate issued.

Punjab National Bank versus Sh. Partap Chand — 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: 539/2024 Date of Institution: 02.04.2024 Date of Decision: 25.03.2026

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Punjab National Bank having its branches all over India and a branch at Bharmaur District Chamba, Himachal Pradesh.

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……..Applicant

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Vs.

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Sh. Partap Chand s/o Sh. Birbal since deceased through his legal heirs

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i) Sh. Ravinder Kumar [son]

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ii)Ashok Kumar Sharma [son]

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Both r/o Village Sawai, P.O. Garola, Tehsil Bharmour District Chamba, Himachal Pradesh.

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Ashok Kumar Sharma s/o Sh. Partap Chand, r/o village Sawai, P.O.

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Garola, Tehsil Bharmour District Chamba, Himachal Pradesh.

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……….Defendants

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Advocates

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Ms. Anuradha Gupta, Counsel for the applicant bank. Defendants - ex parte vide order dated 13.08.2025 .

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OA for the Recovery of ₹29,35,143.59p with interest @11.65% per annum with half-yearly rests from 02.04.2024.

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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 ₹29,35,143.59p with interest against Sh. Partap Chand and another (defendants).

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Bank’s case is that on 15.03.2016, it had granted a loan of ₹20.00 Lacs to the defendants in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 (now deceased) had mortgaged his land (fully detailed in para No.5.10 of the application).

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The loan was chargeable to interest @11.65% per annum with halfyearly rests. Defendants had duly acknowledged their liability towards the debt on 02.03.2019 and 24.02.2022. On 13.02.2024, a sum of ₹29,35,143.59p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 18.04.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 13.08.2025, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Kartar Singh, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-13.

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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 ₹20.00 Lacs and on 13.02.2024, a sum of ₹29,35,143.59p was due. 6. Accordingly, the application of the bank for the recovery of ₹29,35,143.59p (Rupees Twenty Nine Lacs Thirty Five Thousand One Hundred Forty Three and Paise Fifty Nine Only) with interest @11.65% per annum with half-yearly rests from 02.04.2024, till the date of payment is hereby allowed with costs. The liability of the legal heirs of Sh. Partap Chand (now deceased) would be limited upto the extent of the property inherited by them from him whereas defendant No.2 would be fully liable for the whole decretal amount. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.5.10 of the application as well as from the personal movable and immovable property(ies) of the defendant No.2.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 04.05.2026, who is directed to distribute the sale proceeds of the mortgaged land and standing crops as per the provisions of Section 19(20-AB) of the Act . 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: 25.03.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank v. Sh. Partap Chand

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sh. Partap Chand

Case brief

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