Allowed

Canara Bank v. Sh. Bakha Singh @ Bukha Singh

DRT20 Jul 2024OA/1618/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the application by Canara Bank for recovery of Rs. 22,19,329.97 along with interest against three respondents who were guarantors and mortgagors. The court proceeded ex parte after failure to appear, held the bank's case proved, and issued a recovery certificate directed for sale of mortgaged property.

What did the court decide?

Recovery of Rs. 22,19,329.97 with interest allowed; recovery certificate issued directing sale of mortgaged property.

Canara Bank versus Sh. Bakha Singh @ Bukha Singh — Contract and Commercial Disputes | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1618/2022

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Date of Institution: 31.08.2022 Date of Decision: 20.07.2024

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Canara Bank at Patiala Road, Cheeka Mandi, District Kaithal, Haryana ……..Applicant Vs.

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Sh. Bakha Singh @ Bukha Singh s/o Sh. Ishar Singh Pal Singh r/o Village Majri, P.O Guhla, District Kaithal, Haryana, Pin 136035

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Smt. Davinder Kaur w/o Sh. Bakha r/o Village Majri, P.O Guhla, District Kaithal, Haryana, Pin-136035

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Sh. Harjinder Singh s/o Sh. Sewa Singh r/o House No. 31, Village Majri, P.O Guhla, District Kaithal, Haryana, Pin-136035 ……….Defendants

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Advocates

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Ms Kanchan Sehgal, Counsel for the applicant bank

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Defendants ex-parte

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OA for the Recovery of sum of Rs.22,19,329.97 with interest @9.15% per annum with half yearly rests from 01.04.2022.

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ORDER

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Canara Bank (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDB Act) for the recovery of Rs.22,19,329.97 with interest against Sh. Bakha Singh and others (defendants).

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Bank’s case is that on 14.07.2016, it had sanctioned Kisan Credit Card Limit of Rs. 15,00,000/- to defendant No.1, which was further renewed on 14.07.2016, 18.05.2017, 20.06.2019 and 29.06.2021and on

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16.02.2018, it had sanctioned Term Loan of Rs. 5,00,000 to defendant No.1 for agricultural purpose. Defendant Nos. 2 and 3 stood as guarantors for repayment of the loan. To secure the loan facilities, defendant No. 1 had mortgaged his agricultural land measuring 93 Kanal 16 Marla (fully detailed in Para No.3(A) of the application). The facilities were chargeable to interest @9.65% per annum for KCC and @9.45% per annum for Term Loan. On 31.03.2022, a sum of Rs.22,19,329.97 was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 01.10.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 21.10.2023, defendants were proceeded ex parte.

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In order to prove its case, the Bank has placed on record the affidavit of Ms Suman Rani, Constituted Attorney along with the loan and security documents and marked them as Exhibit A1 to A29. 5. I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced Kisan Credit Card Limit of Rs. 15,00,000/- and Term Loan of Rs. 5,00,000 and on 31.03.2022, a sum of Rs. 22,19,329.97 was due. 6. Accordingly, the application of the bank for the recovery of Rs. Rs. 22,19,329.97 (Rupees Twenty Two Lakh Nineteen Thousand Three Hundred Twenty Nine and Ninety Seven Paisa only) with interest @9.15% per annum with half yearly rests from 01.04.2022, till the date of payment is hereby allowed with costs. The liability of the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged property fully detailed in para No.3(A) of the application as

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NAVJOT KAUR

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well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 30.08.2024, who is directed to distribute the sale proceeds of the mortgage property and standing crops as per the provisions of Section 19(20-AB) of the Act . 10. A copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open court (A S Narang) Dated: 20.07.2024 Presiding Officer DRT-2, Chandigarh (Additional charge)

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NAVJOT KAUR

Canara Bank v. Sh. Bakha Singh @ Bukha Singh

Case brief

What is this about?

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Canara Bank v. Sh. Bakha Singh @ Bukha Singh

Case brief

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