SMT PROMILA GUPTA AND ANR vs POONAWALLA FINCORP LIMITED on 28 March 2025

**ORDER-SHEET** Page No. ....

**DEBTS RECOVERY TRIBUNAL, DEHRADUN**

**M.A. No. 69 of 2024**

**(S.A. 59 of 2023)**

**Promila Gupta & Anr Vs. Poonawala Fincorp Ltd.**

**Date: 28.03.2025**

Item No.08

Present: Sh. N.K. Tripathi, Counsel for the Applicants. Sh. S.M. Joshi, Counsel for the Respondent F.I.

Called out, Ld. Counsel for the Applicants and Ld. Counsel for the Respondent F.I. present. Applicant No.2 Sh. Ankur Gupta and Ld. Authorized Officer Sh. Deepak Sharma in person present.

Ld. Counsel for the Applicants has submitted that the amount on the basis of order passed by the Tribunal on 18.03.2024 is of Rs.2,16,00,000/- (Rupees Two Crore Sixteen Lakh Only) as per calculation of the Applicants, on the other hand Ld. Counsel for the Respondent F.I. has argued that after calculation as per order passed by this Tribunal the amount is of Rs.2,62,00,000/- (Rupees Two Crore Sixty Two Lakh Only) even though previously the Respondent F.I. has submitted that the amount was of Rs.3,51,00,000/- (Rupees Three Crore Fifteen One Lakh Only) and as per Applicants the amount was of Rs.1,61,00,000/-, (Rupees One Crore Sixty One Lakh Only) previously a major difference was there and Ld. Counsel for the parties were directed for recalculation with some instruction in the light of the order and after that as per calculation the Applicants has find out of Rs.2,16,00,000/- (Rupees Two Crore Sixteen Lakh Only) and as per Respondent F.I. Rs.2,62,00,000/- (Rupees Two Crore Sixty Two Lakh Only).

After considering whole of the situation of the matter as the original borrower has already been died and some adverse circumstances has created in this matter before the legal heirs of the original borrowers as shown by them, the Tribunal is of opinion that the difference of amount between the parties are of Rs.46.00Lakhs (Rupees Forty Six Lakh Only), if divided in equal parts, shall be fruitful for both the parties and for the finality of the controversy between the parties, otherwise both the parties, shall **ORDER-SHEET** Page No. ....

**DEBTS RECOVERY TRIBUNAL, DEHRADUN**

**M.A. No. 69 of 2024**

**(S.A. 59 of 2023)**

**Promila Gupta & Anr Vs. Poonawala Fincorp Ltd.**

claim different at different times and the controversy between the parties shall not finally decide, the litigation shall run again and again for minor dispute.

So as per the above, the Applicants are liable to pay Rs.2,39,00,000/- (Rupees Two Crore Thirty Nine Lakh Only) in relation to the liability and incompliance of the order passed by this Tribunal on 18.03.2025. The Applicants shall pay Rs.60.00Lakh (Rupees Sixty Lakh Only) on or before 31.03.2025, again Rs.60.00Lakh Rupees Sixty Lakh Only) on or before 30.04.2025, again Rs.60.00Lakh (Rupees Sixty Lakh Only) on or before 30.05.2025 and rest amount of Rs.59.00Lakh (Rupees Fifty Nine Lakh Only) on or before 30.06.2025. If the Applicants shall fail in repayment of whole of the amount in relation to installments of May and June 2025 the Applicants shall be liable to pay whole with rest amount after 30.06.2025 with 11% simple interest on or before 31.07.2025 not later that but the Applicants shall pay instalment of April 2025 in strict manner.

After compliance of this order by the Applicants the Respondent F.I. shall return/provide the title deeds of the mortgaged property to the Applicants within a period of 15 days from the date of last deposition.

In case Applicants shall fails in compliance of this order the Respondent Financial Institution shall be free to take action for recovery according to law. Hence, the petition is disposed off according.

Record be consigned to the record room.

(Umesh Kumar Sharma) Presiding Officer DRT, Dehradun

28.03.2025