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Smart Summary

Factual and Procedural Background

This summary is based exclusively on the judgment dated 30/09/2022 of the Debts Recovery Tribunal, Jaipur in Original Application No. 020 of 2021 (Punjab National Bank v. M/s Meghraj Pooranchand & ors).

The applicant, Punjab National Bank (represented by its Senior Manager/Authorized Officer and counsel Shri R.C. Sharma), filed the Original Application on 19/12/2020 for recovery of Rs. 57,20,808/- arising from cash credit and loan facilities extended to the defendants. The defendants deposited title deeds and availed facilities (a cash credit limit of Rs. 45.00 lakhs and a term loan of Rs. 4.65 lakhs) but subsequently failed to maintain financial discipline and did not repay dues. The defendant account was classified as NPA on 31/01/2019. The bank served notice, but the defendants did not pay. The defendants were called and later proceeded against ex-parte (the record notes the defendant was set ex-parte on 18/07/2022).

The bank filed an evidence affidavit and exhibited documents marked A/1 to A/22. After hearing the applicant's counsel and on the basis of the bank's affidavit and documents, the Tribunal passed final orders on 30/09/2022 including a Recovery Certificate under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

Legal Issues Presented

  1. Whether the applicant bank is entitled to recover the claimed amount (Rs.57,20,808/-) from the defendants as prayed in the Original Application?

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal's reasoning, as recorded in the judgment, proceeded as follows (statement of the court's analysis transcribed from the record):

  • The defendants remained ex-parte after being called and were marked ex-parte on 18/07/2022.
  • The applicant bank filed an evidence affidavit and produced documentary evidence comprising Exhibit A/1 to A/22.
  • The Tribunal considered the affidavit evidence together with the recitals in those documents and concluded that such evidence "clinches the claim of the applicant bank against the Defendant." (Direct language from the judgment.)
  • On that basis, the Tribunal held that the defendants are liable to pay the claimed amount with future interest and costs.
  • The Tribunal recorded that the defendants' account had been classified as NPA on 31/01/2019 and that a notice had been served by the bank, which the defendants failed to comply with — facts relied upon by the Tribunal in reaching its conclusion.
  • Consequent to its findings, the Tribunal directed that a Recovery Certificate be issued forthwith and forwarded to the Recovery Officer, DRT, Jaipur, and directed the parties to appear before the Recovery Officer on 11/01/2023.
  • The Recovery Certificate was issued under Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Tribunal directed realization by the Recovery Officer in the manner prescribed under Sections 25 and 28 of the Act (these statutory provisions were cited in the Recovery Certificate portion of the record).
  • The Registry/Registrar verified the Recovery Certificate in accordance with Regulation 24(1) and (2) of the Debts Recovery Tribunal Jaipur Regulations, 2015, and the Recovery Certificate was prepared and placed before the Tribunal for signature.

Holding and Implications

O.A. No. 020 OF 2021 is allowed.

Direct consequences and operational effects of the Tribunal's decision (as set out in the judgment and recovery certificate):

  • The defendants are declared liable to pay the applicant bank a principal sum of Rs. 57,20,808/- (Fifty Seven Lacs Twenty Thousand Eight Hundred Eight only).
  • Future interest is awarded at the rate of 10% per annum (Simple) from the date of filing the original application until realization.
  • The applicant bank is entitled to recover the amount by sale of specified mortgaged and hypothecated assets, specifically:
    • Equitable mortgage of a residential house at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 2 (admeasuring 64.63 sq. yards).
    • Residential house at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 3 (admeasuring 64.63 sq. yards).
    • Shop situated in New Mandi, Station Road, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 4 (admeasuring 22.22 sq. yards).
    • Hypothecation of stock (all types of grains including inventory and book debts/receivables of entire/growing crop, stock, agricultural equipment/assets present & future), and other tangible movable property and other personal movable and immovable properties/assets of the defendants, jointly and severally (as described in paras 3-A & 5(e) of the OA).
  • The applicant bank is entitled to the costs and expenses of the Original Application. The Form No.10 (Memo of Cost) attached to the record lists the following cost schedule:
    Item of Cost Amount (Rs.)
    Fee on the application 60,000
    Process Fees (including Publication) 169
    Advocate Fees 1,250
    Commissioner/Receivers/Valuation/Security Fee NIL
    Miscellaneous Charges NIL
    Total Costs 61,419
  • A Recovery Certificate under Section 22 of the Act was issued on 30/09/2022 and is to be enforced by the Recovery Officer in the manner prescribed under Sections 25 and 28 of the Act.
  • Parties (or the concerned parties) were directed to appear before the Recovery Officer, DRT, Jaipur on 11/01/2023 for further proceedings directed by the Recovery Certificate.

Broader legal implications or precedent-setting observations: the judgment record does not state any wider legal principle or new precedent beyond the disposition of the application and directions for recovery; it is a decision applying the evidentiary record and statutory recovery procedure to the facts of this case.


Administrative and signature record (as in the judgment): The Recovery Certificate was prepared and verified by the Registry/Registrar in compliance with Regulation 24(1) & (2) of the Debts Recovery Tribunal Jaipur Regulations, 2015. The order and Recovery Certificate were signed and issued by (Vivek Saxena), Presiding Officer, Debts Recovery Tribunal, Jaipur, dated 30/09/2022. Counsel for the applicant: Shri R.C. Sharma. Defendants are ex-parte.

    PUNJAB NATIONAL BANK v. M/S MEGHRAJ POORANCHAND.

    "ORIGINAL APPLICATION" No. 020 OF 2021

    BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

    PRESENT- SHRI VIVEK SAXENA

    PRESIDING OFFICER

    O.A. NO. 020 OF 2021

    DATE OF DELIVERY OF ORDER 30/09/2022 PUNJAB NATIONAL BANK, having its Head Office at Plot No. 4, Sector-10, Dwarka, New Delhi-110075 and a Branch Office at Hindaun City, District Karauli, Rajasthan its Senior Manager/Authorized officer.

    …Applicant Bank…..

    VERSUS

    1. M/S MEGHRAJ POORANCHAND R/o. Dholeta Road, Mandi Yard Road, Kyarda Khurd, Hindaun City, District Karauli, Rajasthan-322230 AND/OR G1-16, Industrial Area, Hindaun City, District Karauli, Rajasthan-322230 through its proprietor Ram Dayal Gupta.

    2. RAM DAYAL GUPTA S/o Shri Kinduri Lal Gupta (Prop. M/s Meghraj Pooranchand) address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    3. BABU LAL GUPTA S/o Shri Kinduri Lal Gupta address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    4. SMT LAXMI DEVI W/o Shri Meghraj Garg address- New\Mandi Yard, Near Pavta House, Hindaun City, District Karauli, Rajasthan.

    ……Defendants…..

    1

    Counsel for the Applicant Bank - Shri R.C. Sharma Defendant is Ex-parte

    JUDGMENT

    1. The Applicant Bank originally filed this O.A. on 19.12.2020, against the Defendant for the recovery of a sum of Rs.57,20,808/- (Fifty Seven Lacs Twenty Thousand Eight Hundred Eight only) on Cash Credit Facility @ 10.90% p.a. with monthly rests from the Defendant with date of filing this original application till the date of realization and in default by

    sale of mortgaged property i.e. „Equitable mortgage of Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 2 admeasuring 64.63 sq. yards, Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 3 admeasuring 64.63 sq. yards.

    "Shop situated in New Mandi, Station Road, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 4 admeasuring 22.22 sq. yards. (The detailed description of property is given in para no. 3-A & 5(e) of OA). AND hypothecated of stock of all type of Grains including all type of inventory and book debts/receivables of entire crop /growing crop, stock, agricultural equipments/assets present & future as well as tangible movable property etc as well as other Personal movable and immovable properties/assets of Defendant, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt. The applicant bank is entitled to the costs and expenses of the original application.

    2

    The brief facts of the case are-

    That the present original application was filed by the Senior Manager of the applicant bank and who was authorized to sigh & verify the original application and the same on behalf of the bank vide Power of Attorney exhibit A/1.

    That the Defendant no. 1 approached the applicant bank for seeking Cash Credit Limit of Rs. 45.00 lacs for their business purposes.

    That the request made by the defendant, the applicant bank sanctioned the Term Loan (Hypothecation/Mortgage) of Rs. 4.65 lacs in favour of defendant and the defendant execute required loaning documents in favour of applicant bank.

    That the request made by the defendants, the applicant has sanctioned of the aforesaid loan facility to the defendants of Rs. 45.00 lacs. In this regard the defendants signed and executes required loaning documents in favour of applicant bank.

    That the defendants deposit the title deeds of their immovable properties in favour of applicant bank. (The detailed description of properties are given in para no. 3- A and 5 (e) of OA).

    That the defendants availed the above loan facility, but failed to abide by the financial discipline of the aforesaid loan facility.

    That the Defendants failed to maintained financial discipline and did not repay the due/overdue/interest as per the agreed terms and conditions of the sanction and loan agreement/document, as it is evident from a bare perusal of the statement of account furnished by the

    3

    applicant bank, therefore, the account of defendants classified as NPA on 31.01.2019 as per guidelines of RBI. That the applicant bank served a notice to the Defendant, but the Defendant failed to pay the same to the applicant bank.

    That the applicant bank prayed to issue a recovery certificate for the aforesaid amount against the Defendants and also entitled to realize outstanding amount by the sale of above mentioned Mortgage property AND hypothecated goods etc, as well as other Personal movable and immovable properties/assets of Defendant, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt.

    2. The Defendant is called absent and set ex-parte on 18.07.2022.

    3. The applicant bank filed its evidence affidavit along with list of documents, annexing therewith Exhibit A/1 to A/22.

    4. Heard arguments of Ld. Counsel for the applicant bank.

    5. The point that arise for consideration is:

    Whether the applicant bank is entitled to the claim as prayed for?

    6. As stated supra, the Defendant remained ex-parte. The applicant bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/22 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

    7. In the result, this O.A. No. 020 OF 2021 is allowed declaring that:-

    4

    a) The Defendant is liable to pay to the applicant bank a sum of Rs.57,20,808/- (Fifty Seven Lacs Twenty Thousand Eight Hundred Eight only) with future interest @ 10% p.a. (Simple) from the date of filing the original application till the date of realization.

    b) The applicant bank is entitled to recover the above amount by the by sale of mortgaged property i.e. „Equitable mortgage of Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 2 admeasuring 64.63 sq. yards, Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 3 admeasuring 64.63 sq. yards.

    "Shop situated in New Mandi, Station Road, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 4 admeasuring 22.22 sq. yards. (The detailed description of property is given in para no. 3-A & 5(e) of OA). AND hypothecated of stock of all type of Grains including all type of inventory and book debts/receivables of entire crop /growing crop, stock, agricultural equipments/assets present & future as well as tangible movable property etc as well as other Personal movable and immovable properties/assets of Defendant, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt.

    c) The applicant bank is entitled to the costs and expenses of the O.A.

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

    5

    9. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 11/01/2023.

    10. Prepare Recovery Certificate accordingly.

    11. 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.

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur Order pronounced in the open court today i.e. 30/09/2022.

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

    Dated-30/09/2022

    6

    BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

    PRESENT- SHRI VIVEK SAXENA

    PRESIDING OFFICER

    O.A. NO. 020 OF 2021

    DATE OF DELIVERY OF ORDER 30/09/2022

    RECOVERY CERTIFICATE

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

    PUNJAB NATIONAL BANK, having its Head Office at Plot No. 4, Sector-10, Dwarka, New Delhi-110075 and a Branch Office at Hindaun City, District Karauli, Rajasthan its Senior Manager/Authorized officer.

    …Applicant Bank…..

    VERSUS

    1. M/S MEGHRAJ POORANCHAND R/o. Dholeta Road, Mandi Yard Road, Kyarda Khurd, Hindaun City, District Karauli, Rajasthan-322230 AND/OR G1-16, Industrial Area, Hindaun City, District Karauli, Rajasthan-322230 through its proprietor Ram Dayal Gupta.

    2. RAM DAYAL GUPTA S/o Shri Kinduri Lal Gupta (Prop. M/s Meghraj Pooranchand) address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    3. BABU LAL GUPTA S/o Shri Kinduri Lal Gupta address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    4. SMT LAXMI DEVI W/o Shri Meghraj Garg address- New\Mandi Yard, Near Pavta House, Hindaun City, District Karauli, Rajasthan.

    ……Defendants…..

    7

    Recovery Certificate for Rs. 57,20,808/-

    In terms of final order dated 30/09/2022 passed by this Tribunal in the above mentioned case, it is ordered that the-

    a) The Defendant is liable to pay to the applicant bank a sum of Rs.57,20,808/- (Fifty Seven Lacs Twenty Thousand Eight Hundred Eight only) with future interest @ 10% p.a. (Simple) from the date of filing the original application till the date of realization.

    b) The applicant bank is entitled to recover the above amount by the by sale of mortgaged property i.e. „Equitable mortgage of Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 2 admeasuring 64.63 sq. yards, Residential House situated at Village Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 3 admeasuring 64.63 sq. yards.

    "Shop situated in New Mandi, Station Road, Hindaun City, District Karauli, Rajasthan standing in the name of defendant no. 4 admeasuring 22.22 sq. yards. (The detailed description of property is given in para no. 3-A & 5(e) of OA). AND hypothecated of stock of all type of Grains including all type of inventory and book debts/receivables of entire crop /growing crop, stock, agricultural equipments/assets present & future as well as tangible movable property etc as well as other Personal movable and immovable properties/assets of Defendant, jointly and severally. The applicant bank is entitled to proceed against the same towards recovery of its debt.

    8

    c) The applicant bank is entitled to the costs and expenses of the

    O.A.

    ii. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 11/01/2023.

    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.

    This Certificate has been issued under my signatures and seal of the Tribunal on this 30/09/2022.

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

    Dated-30/09/2022

    9

    FORM NO. 10

    [See Regulation-24(1)]

    DEBTS RECOVERY TRIBUNAL

    First Floor, Sudharma-II, Opp.Kisan Bhawan, Lal Kothi Shopping Centre, Tonk Road, JAIPUR- 302015

    SCHEDULED TO RECOVERY CERTIFICATE

    MEMO OF COST

    O.A No. 020 OF 2021 PUNJAB NATIONAL BANK, having its Head Office at Plot No. 4, Sector-10, Dwarka, New Delhi-110075 and a Branch Office at Hindaun City, District Karauli, Rajasthan its Senior Manager/Authorized officer.

    …Applicant Bank…..

    VERSUS

    1. M/S MEGHRAJ POORANCHAND R/o. Dholeta Road, Mandi Yard Road, Kyarda Khurd, Hindaun City, District Karauli, Rajasthan-322230 AND/OR G1-16, Industrial Area, Hindaun City, District Karauli, Rajasthan-322230 through its proprietor Ram Dayal Gupta.

    2. RAM DAYAL GUPTA S/o Shri Kinduri Lal Gupta (Prop. M/s Meghraj Pooranchand) address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    3. BABU LAL GUPTA S/o Shri Kinduri Lal Gupta address- Mahajan Street, Village & Post, Mahu Ibrahimpur, Hindaun City, District Karauli, Rajasthan

    4. SMT LAXMI DEVI W/o Shri Meghraj Garg address- New\Mandi Yard, Near Pavta House, Hindaun City, District Karauli, Rajasthan.

    ……Defendants…..

    S. No. Item of Costs Amount in Rupees
    1. Fee on the application 60,000
    2. Process Fees (inc. Publication) 169
    3. Advocate Fees 1,250
    4. Commissioner/Receivers/Valuation/ Security Fee NIL
    5. Miscellaneous Charges NIL
    Total Costs 61,419

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur Place-Jaipur

    Dated-30/09/2022

    10

    30/09/2022

    Counsel:

    Sh. R.C. SHARMA, Counsel for the Applicant Bank. Defendants are Ex-parte.

    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 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur

    11

    30/09/2022

    Counsel:

    Sh. R.C. SHARMA, Counsel for the Applicant Bank. Defendants are Ex-parte.

    The Tribunal vide order dated 30/09/2022, directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. The Registrar vide order dated 30/09/2022 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is 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.

    (Vivek Saxena)

    Presiding Officer, Debts Recovery Tribunal, Jaipur

    12

    DEBTS RECOVERY TRIBUNAL, JAIPUR

    ORIGINAL APPLICATION NO. 020 OF 2021

    The Recovery Certificate prepared in compliance of order dated 30/09/2022 passed by Hon'ble Presiding Officer, DRT, Jaipur in Original Application No. 020 OF 2021 Title- PNB Vs. M/S MEGHRAJ POORANCHAND & ors has been checked and may be verified.

    Section Officer

    Assistant Registrar

    On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon'ble Presiding Officer please.

    Assistant Registrar

    Hon'ble Presiding Officer

    13

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    Comments

    PUNJAB NATIONAL BANK v. M/S MEGHRAJ POORANCHAND.
    (Sep 30, 2022)