AXIS BANK LTD vs SH. HARDAYAL SINGH AND ANOTHER on 1 October 2025

FINAL ORDER

1. Present 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.29,96,476.97p (Rupees Twenty Nine Lacs Ninety Six Thousand Four Hundred Seventy Six & Ninety Seven Paise Only). The Application has been filed through Sh. Nitish Aggarwal, Authorized Representative, who is competent to institute the Application vide Power of attorney dated 11.08.2023, which is Annexure A1 to this TA.

2. The brief facts of the TA are that the defendants had approached the applicant for the grant of KCC Limit of Rs.22.00 Lacs vide loan application dated 01.09.2011, which is Annexure A2 to this OA and for renewal of KCC Limit and for grant of Overdraft Limit of Rs. 7.00

Lacs vide Loan applications dated 24.10.2019, which is Annexure A7 to this TA.

3. The applicant sanctioned the KCC Limit of Rs. 22.00 Lacs vide Sanction letter dated 08.09.2011, which is Annexure A3 to this TA and the terms and conditions were duly accepted by the defendants. Thereafter, the KCC Limit was renewed and fresh Overdraft of Rs. 7.00 Lacs was sanctioned vide sanction letter dated 26.10.2019, which is Annexure A8 to this OA.

4. Defendant no.1 had mortgaged his immovable properties i.e. total land measuring 62K-18M detailed as under:

(i) Land measuring 32K-07M situated at Village Sur Singh-I, Hadbast no. 139, Tehsil Patti, District Tarn Taran, Punjab

(ii) Land measuring 28K-11M situated at Village Sur Singh-II, Hadbast no. 139, Tehsil Patti, District Tarn Taran, Punjab

(iii) Land measuring 02K-0M situated at Village Sur Singh-III, Hadbast no. 139, Tehsil Patti, District Tarn Taran, Punjab vide Simple Mortgage Deed bearing vasika no. 1335 dated 16.09.2011, which is Annexure A12 to this TA. Documents executed:-Loan cum hypothecation agreement, Demand Promissory Note, D.P. Note delivery-cum-waiver letter, all dated 19.09.2011, which are Annexures A4 to A6 to this TA; Facility agreement dated 28.10.2019, which is Annexure A8 to this TA; Joint & Several DP Note & DP Note cum waiver letter, both dated 28.10.2019, which are Annexures A10 & A11 to this TA; Statement of accounts, which are Annexures A13 & A14 to this TA; Demand Notice dated 22.01.2025, along with Posting receipts, which are Annexures A15 to A17 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.29,96,476.97p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

6. The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 24.09.2025.

7. In support of the OA, affidavit of Sh. Nitish Aggarwal, Authorized Representative, Axis Bank Ltd., 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 Annexures A1 to A17 to this OA, it is proved that the defendants approached applicant for availing of the loan facilities which were granted to them and for that they 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, 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.29,96,476.97p (Rupees Twenty Nine Lacs Ninety Six Thousand Four Hundred Seventy Six & Ninety Seven Paise Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Transfer Application till realization of the accounts.

10. In so far as pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12.75%p.a. from 10.01.2025 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 loans 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 both the loan accounts from the date of filing of the OA 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.29,96,476.97p (Rupees Twenty Nine Lacs Ninety Six Thousand Four Hundred Seventy Six & Ninety Seven Paise Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in both the loan accounts from the date of filing of OA 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 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 18.10.2025.

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: 01.10.2025

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