Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs M/S GGP BUILDTECH (P) LIMITED AND ANOTHER on 21 May 2026
DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
TRANSFER APPLICATION NO.2/2024
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 20.12.2023
DATE OF DECISION: 21.05.2026
Punjab National Bank, a Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
having its Head Office at Plot no. 4, Sector 10, Dwarka, New Delhi- 110075 and its Branches /Offices throughout India along with an Office at Circle Sastra Centre, SAS Nagar, Mohali, Punjab through Sh.
Subhash Chandra, Senior/Chief Manager of the said Office, who is also one of the Principal Officers and General Attorney of the applicant
……..Applicant
Versus
1. M/S GGP Buildtech (P) Limited through its Director, Sh. Rakesh Kumar Gupta, S/o Late Sh. Raj Kumar Gupta, #402, Sector 127, Shivalik Enclave, City Kharar, District Mohali, Punjab
2. Sh. Krishan Gopal Lamba, S/o Sh. Om Parkash Lamba, R/o #859/6, Ward no. 9, Kharar, District Mohali, Punjab
…….Defendants
Advocates:
Argued by Sh. Rajindra Kumar Joshi, Advocate for applicant None for defendants (already ex-parte vide order dated 19.05.2026)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
FINAL ORDER
1. Present Transfer Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs. 24,30,460.00 (Rupees Twenty Four Lacs Thirty Thousand Four Hundred Sixty Only). The Transfer Application has been filed through Sh. Subhash Chandra, Senior/Chief Manager of the applicant, who is competent to institute the Transfer Application vide Power of Attorney dated 28.07.2011, which is Annexure A1 to this TA.
AND ANOTHER
2. The brief facts of the TA are that defendant no. 1 approached the applicant for grant of Car Loans of Rs. 16,99,290.00 and Rs.16,99,290.00 vide Requests for Term Loan Car, both dated 27.05.2015, which are Annexure A2 and A12 to this TA.
3. The applicant sanctioned the grant of Car Loans of Rs.16,99,290.00 and Rs. 16,99,290.00 vide Sanctions, both dated 28.05.2015, which are Annexure A3 and A13 to this TA and the terms and conditions were duly accepted by the defendants. Defendant no. 2 stood as guarantor.
4. Defendant no. 1 hypothecated its vehicles namely: i. Toyota Corolla Altis (Diesel) D4-DGL bearing Registration no. PB65AC6363, Engine no. 1ND1408399 and Chassis no. MBJ53NEH004003929 vide Tax Invoice dated 27.05.2015 and RC, which are Annexure A8 and A9 to this TA; ii. Toyota Corolla Altis (Diesel) D4-DGL bearing Registration no. PB65AC8900, Engine no. 1ND1395370 and Chassis no. MBJ53NEH004003033 vide Tax Invoice dated 28.05.2015 and RC, which are Annexure A18 and A19 to this TA. Documents executed: Resolutions of Company, both dated 27.05.2015, which are Annexure A4 and A14 to this TA; Letters of Hypothecation, Undertakings, Agreements of Guarantee and Letter of Inspection, all dated 28.05.2015, which are Annexure A5 to A7, A15 to A17 and A21 to this TA; ROCs, both dated 12.06.2015, which is Annexure A10 and A20 to this TA; Letter of Inspection, which is Annexure A11 to this TA; Balance and Security Confirmation Letters dated 26.05.2017, 19.07.2019 and 09.06.2022, which are Annexure A22 to A27 to this TA; Recall Notices dated 19.08.2019 and 21.01.2023, which are Annexure A28 and A29 to this TA; Statements with certificate, Records and List of Rate of Interest, which are Annexure A30 to A35 to this TA.
5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in loan accounts, there was a debit of Rs. 24,30,460.00, which is recoverable and the defendants were served recall notices but they did not repay the outstanding
AND ANOTHER
amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.
6. The defendants were served summons to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 19.05.2026.
7. In support of the TA, affidavit of Sh. Subhash Chandra, Senior Manager, Punjab National Bank has been filed.
8. Heard ex-parte arguments and perused record.
9. It was argued by learned counsel, through video conferencing, that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexure A1 to A35 to this TA, it is proved that the defendant no. 1 approached applicant for availing of the loan facilities, which were granted to defendant no. 1. Defendant no. 2 stood as guarantor. Defendants had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, the accounts of the defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs. 24,30,460.00 (Rupees Twenty Four Lacs Thirty Thousand Four Hundred Sixty Only) along with interest from the defendants, jointly and severally from the date of filing of the present Transfer Application till realization of the amount.
10. In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @11.90%p.a. with monthly rests from the date of institution of the application till the realization.
The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the hypothecated assets, undertaking of the defendants, quantum of loans and prevalent market rates of
AND ANOTHER
interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @8.00%p.a. in both the loan accounts from the date of filing of the TA till realization of the amount ordered vide this final order. It is ordered accordingly.
11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.24,30,460.00 (Rupees Twenty Four Lacs Thirty Thousand Four Hundred Sixty Only) jointly and severally with costs, current and future simple interest @8.00%p.a. in both the loan accounts from the date of filing of TA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated assets of the defendant no. 1 in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.
12. Any other application pending stands disposed of.
13. Issue Recovery Certificate accordingly.
14. Parties to appear before Learned Recovery Officer of this Tribunal on 12.06.2026.
15. Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal. Dated: 21.05.2026
(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh