CANARA BANK vs SH. HIRA SINGH on 1 March 2025

FINAL ORDER

1. Present Transfer Application was instituted by the applicant bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendant for recovery of Rs.69,55,311.00p (Rupees Sixty Nine Lacs Fifty Five Thousand Three Hundred Eleven Only). The Original Application has been filed through Sh. Charanjit Ram, Authorized Officer of the applicant bank, who is competent to institute the Transfer Application vide General Power of Attorney dated 20.09.2006, which is Annexure A1 to this TA.

2. The brief facts of the OA that the defendant had approached the applicant bank for the grant of KCC Limit (KCCS Facility) of Rs.50.00

Lacs vide Loan Application dated 13.05.2019, which is Annexure A2 to this TA.

3. The applicant Bank sanctioned the KCC Limit (KCCS Facility) of Rs.50.00 Lacs vide Sanction Letter dated 13.05.2019, which is Annexure A3 to this TA and the terms and conditions were duly accepted by the defendant.

4. Defendant no.1 had mortgaged his immovable properties i.e. total land measuring 106Kanal-12Marla situated at Village Ghaniya Ke Tehsil & District Kapurthala Punjab vide Declaration u/s 4(1) of Punjab Agriculture Credit Operation and Misc. Application dated 03.05.2019 with its translation, which is Annexure A6 to this TA. Documents executed:- Deed of Hypothecation, Guarantee agreement, Copy of acknowledgement of debts and Security all dated 13.05.2019, which are Annexures A4 & A5, A7 to this TA; Legal Notice dated 06.05.2023 with postal receiptts, which is Annexure A8 to this TA and Statement of accounts, which is Annexure A9 to this TA.

5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.69,55,311.00p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly.

6. The defendant was served notices to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded ex- parte on 14.02.2025.

7. In support of the TA, affidavit of Sh. Charanjit Ram, Authorized Officer, Canara Bank, has been filed.

8. Heard arguments and perused record

9. It was argued by learned counsel 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 Annexures A1 to A9 to this TA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to him and for that he had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.69,55,311.00p (Rupees Sixty Nine Lacs Fifty Five Thousand Three Hundred Eleven Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Transfer Application till realization of the account.

10. In so far as pendent elite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest @11.00%p.a. with monthly rests from 01.04.2023 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 mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of 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 @08.00%p.a. in the loan account 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.69,55,311.00p (Rupees Sixty Nine Lacs Fifty Five Thousand Three Hundred Eleven Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in the loan account 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/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act,

2002. If the dues of the 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 03.04.2025

15. Copy of this order be given Dasti to the applicant bank 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: 01.03.2025

(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh