SMT ANANDI DEVI vs PUNJAB NATIONAL BANK on 9 April 2026

**Dated: 09.04.2026**

Serial No. 12

Present: Sh. Chitradeep Rana, Ld. Counsel for Applicants Sh. R.S. Bajwa, Counsel for respondent bank Called out, Ld. Counsel for the parties present.

The Applicant has approached this Tribunal against the award passed by the Tribunal in O.A. No.440 of 2022 Punjab National Bank Vs. M/s Bajnath Stone Industries Pvt. Ltd. & Ors. The bank has impleaded Sh. Kishan Singh as Defendant No.6 and filed the said Original application for an amount of Rs.8,17,69,529.96ps (Rupees Eight Crores Seventeen Lacs Sixty-Nine Thousand Five Hundred Twenty-Nine and Paisa Ninety-Six only) along-with cost and expenses and future interest @ 12.85% per annum on Cash Credit and @12.75% on Term Loan with monthly rests and penal interest @2.00% per annum till date of realization and costs on 12.08.2022 under section 19(1) of RDDB Act and award was passed after hearing the matter on 20.12.2023.

The applicant No.1 Smt. Anandi Devi and Applicant No.2 Sh. Prem Singh Bhakuni have approached this Tribunal through this Miscellaneous application for setting aside the said award on the ground that the defendant No.6. Sh. Kishan Singh was died in the year of 2018 and death certificate dated 28.08.2022 has also been submitted as annexure-2 in which dated of death is mentioned as 27.05.2018 which was registered on 11.06.2018. The deceased father name is mentioned as Sh. Dharam Singh Bhakuni. The said death certificate has also been submitted with before Hon'ble High Court of Uttarakhand at Nainital in First Appeal No.163 of 2022 Smt. Anandi Devi Vs M/s Bajnath Stone Pvt. Ltd which is annexed as annexure-5 also submitted on record by the Applicant.

The Respondent Bank has failed in submitting any objection till today even though appeared on 16.07.2025. The situation has shown that the Respondent Bank has no interest to file any objection, the Respondent Bank has impleaded in O.A. No.440 of 2022 Punjab National Bank Vs. M/s Baijnath Stone Industries Pvt. Ltd. & Ors as Defendant No.6 Sh. Kishan Singh S/o Dharam Singh R/o Padampur, Devaliya, Post Mota Haldur, Haldwani, Uttarakhand. The said original application has been filed on 12.08.2022 and the Defendant No.6 was died on 27.05.2018 i.e. Original application has been filed by the Respondent Bank after a period of more than four years from the date of death of Defendant No.6 Sh. Kishan Singh.

In the light of above, the Respondent Bank was not entitled to file recovery petition against the deceased Sh. Kishan Singh S/o Dharam Singh and due to a period of more than four years has already been extinguished after the death of Defendant No.6 Sh. Kishan Singh as any action against deceased was nullity and has no force. So the award passed by this Tribunal dated 20.12.2023 in the original application no.440 of 2022 Punjab National Bank Vs. M/s Baijnath Stone Industries Pvt. Ltd. & Ors filed on 12.08.2022 has no force against the deceased Defendant No.6 Sh. Kishan Singh or his legal heirs.

In the light of above as award passed by the Tribunal is nullity against the deceased Sh. Kishan Singh (Defendant No.6), the Respondent Bank is not entitled to pursue/press the recovery certificate proceedings against the Legal heirs of deceased Defendant no.6 (Sh. Kishan Sing) also i.e. the recovery certificate is also nullity against deceased Defendant No.6 as the award passed by the Tribunal dated 20.12.2023 is nullity against deceased Sh. Kisan Singh/defendant no.6. The substitution has already been taken place in recovery certificate issued on the basis of award passed in O.A. No.440 of 2022 Punjab National Bank Vs. M/s Baijnath Stone Industries Pvt. Ltd. & Ors in place of deceased Defendant No.6 Sh. Kishan Singh on the basis of order passed by this Tribunal on the basis of application of the respondent bank dated 12.07.2024 as submitted by applicants as Annexure A-17, the said substitution order also has no force in the light of circumstances of this case and the said substitution order is liable to the quashed accordingly in the light of this order. Hence, quashed.

In the light of above discussion, the award passed by this Tribunal in O.A. No.440 of 2022 Punjab National Bank Vs. M/s Bajnath Stone Industries Pvt. Ltd. & Ors dated 20.12.2023 against deceased Defendant No.6/Sh. Kishan Singh and recovery certificate proceedings issued by the Tribunal on the basis of above award is quashed upto the extent of against the legal heirs of deceased and the Respondent Bank shall not be entitled to pursue the recovery certificate proceedings against Legal heirs of Deceased Defendant No.6/Sh. Kishan Singh. Even though entitled to pursue against other defendants/debt holders i.e. the award dated 20.12.2023 shall be effective against all defendants except legal heirs of deceased Sh. Kishan Singh.

In the light of above observation the miscellaneous application is disposed of accordingly.

All interim applications are also disposed off.

Stay order if any vacated.

Ld. Registrar is directed be sent a copy of this order with a letter to Head office of Respondent Bank with a request to put up before Ld. Managing Director for appropriate action and also for directions for future to the sub-ordinates. Ld. Managing director shall apprise this Tribunal for the same.

Record be consigned.

***If Respondent Bank feels grievance by this order may approach Hon'ble Debts Recovery Appellate Tribunal, Allahabad in appeal.***

(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun

09.04.2026