N/s Madan Mohan Rice Mills and Ors vs PUNJAB NATIONAL BANK on 28 January 2026

ORDER

1. This Misc. Application has been filed by applicant under section 22

(2) (g) of the RDB Act for recalling the ex-parte judgment/order dated 05.04.2023 passed by this Tribunal in OA 160/2022.

2. It is submitted by the Id. Counsel for the applicant that the respondent bank has sanctioned a credit facility to the applicant to the tune of Rs.20 lacs. The account was running well but due to the massive surge of Covid-19, the business of the applicant was affected badly accordingly, the account became irregular and declared as NPA. Further, the respondent bank filed a present OA for the recovery of an amount of Rs.23,75,315.42 but no notice was served upon the applicant. Therefore, the applicant could not appear before this Tribunal to defend his case.

3. It is further submitted that the loan was sanctioned for running a mill under the scheme of agriculture loan. Therefore, simple interest is to be charged by the bank. The applicant was to contest his case therefore, an opportunity may be granted to the applicant by recalling [','\

DRT, PATN A

ex-parte judgment and certificate passed on 05.04.2023 in OA 160/2022.

4. On the contrary, Id. Counsel of respondent Bank submits that the OA 160/2022 was filed by the Bank for the recovery of a sum of Rs.23,75,315.42 with further interest. In the said matter notices were issued and served upon defendants by way of registered/speed post dated 10.06.2022 and also by way of publication of notice in “Prabhat Khabar" on 27.07.2022. Thereafter judgment and certificate was issued on 05.04.2023 for the recovery of the claim amount. Further, recovery proceedings were initiated by the Ld. Recovery Officer. To linger the recovery process, the borrower has filed a present MA, therefore the present MA may be dismissed.

5. Heard Ld. Counsel for the applicant and went through the record.

6. The present MA has been filed by the applicant for recalling the ex- parte judgment/order and recovery certificate dated 05.04.2023 passed by this Tribunal in OA 160/2022 with the contention that no notice was served/delivered to the applicants.

7. Perusal of records of the original application shows that the summons were sent to the defendants/borrowers on 10-06-2022 by Registered/Speed post. Apart from this summons was also published in the newspaper “Prabhat Khabar" on 27.07.2022 to appear and contest the case.

8. As it has not been alleged by the applicant that the address mentioned on the summons was not correct and the address mentioned in the original application has also not been denied by the applicant. The postal dispatch of the summons along with the copies shall be presumed to be served in due course as required under section 27 of the General clauses Act. Similar presumption has to be drawn regarding the true and free copy issued by the Tribunal after the judgment in the original application. Again it is important to mention that there is nothing on record to contradict the above presumption.

9. However in order to afford an opportunity to contest the case on merits the application may be allowed subject to deposit of the certificate amount without interest imposed thereunder within seven 15 days in concerned RP Case alongwith the security for the for the interest component and costs, to the satisfaction of concerned Recovery officer.

ORDER

The instant M.A. is disposed of in terms of the para 9 of this 1l:* DRT, PATNA

order. In case the applicant makes payment in terms of aforesaid Para- 9, the judgment and certificate date 05.04.2023 passed in O.A.160/2022, shall stand set aside and the O.A. shall be restored to its original number. A copy of this order is given to the parties as well as to the Ld. Recovery Officer. The order signed, dated and pronounced in open court today. Consign the record. [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna Date : 28.01.2026