Allowed

State Bank of India v. Sh Gurbax Singh @ Gurbaksh Singh

DRT2 May 2024OA/238/2022

Case brief

AI extract

What is this about?

The DRT, Chandigarh allowed the bank's application for recovery of Rs.32,27,974/- with interest as a home loan remained unpaid by the defendants, who appeared ex parte. The court directed recovery from mortgaged and personal properties and issued a Recovery Certificate.

What did the court decide?

Recovery of Rs.32,27,974/- with interest allowed; Recovery Certificate issued; Recovery from mortgaged and personal property directed.

State Bank of India versus Sh Gurbax Singh @ Gurbaksh Singh — Specific Performance | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 238/2022 Date of Institution: 25.01.2022

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Date of Decision: 02.05.2024

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SBI, one of its Branch at Nalagarh Main Branch, Ropar Road, Nalagarh, Himachal Pradesh.

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……..Applicant

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Vs.

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Sh. Gurbax Singh @ Gurbaksh Singh S/o Sh. Laxman Dass, R/o Village Soban Majra, Post Office Panjehra, Nalagarh Solan, Himachal Pradesh – 174101.

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Smt. Suman Devi W/o Sh. Gurbax Singh @ Gurbaksh Singh, R/o Village Soban Majra, Post Office Panjehra, Nalagarh Solan, Himachal Pradesh – 174101.

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Sh. Jaipal S/o Sh Laxman Dass, R/o Village Soban Majra, Post Office Panjehra, Nalagarh Solan, Himachal Pradesh – 174101.

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……….Defendants

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Advocates

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Sh. RK Jindal, Counsel for the applicant bank. Defendants – ex parte

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OA for the Recovery of Rs.32,27,974/- with interest @7.35% per annum with monthly rests from 25.01.2022.

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ORDER

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SBI, (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.32,27,974/- with interest against Sh. Gurbax Singh @ Gurbaksh Singh and others (defendants).

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Bank’s case is that on 02.12.2014, it had granted a Home loan of Rs.12.00 Lacs to defendants. To secure the loan, Defendant No.1 and 3 had mortgaged their immovable property (fully detailed in para No.5.7 of

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the application). Further, on 20.11.2015, at the request of defendant No.1 and 3 bank had granted Home Loan-2 upto the extent of Rs.15.00 Lacs. To secure the loan, Defendant No.1 and 3 had mortgaged their immovable property (fully detailed in para No.5.11 of the application). Thereafter, on 16.05.2016, at the request of defendants bank had granted Home Loan (Top Up) Facility of Rs.6.95 Lacs. To secure the loan, Defendant No.1 and 3 had extended the earlier created mortgage of immovable property (fully detailed in para No.5.15 of the application). The loan was chargeable to interest @7.35% per annum with monthly rests. On 25.01.2022, a sum of Rs.32,27,974/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 13.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 18.05.2023, they were proceeded ex parte .

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4. In order to prove its case, the Bank has placed on record the
affidavit of Mr. D.T. Kinner, Assistant General Manager, along with the
loan and security documents and marked them as Exhibit A-1 to A-22.
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 various above
said home loan facilities and on 25.01.2022, a sum of Rs.32,27,974/- was
due.
6. Accordingly, the application of the bank for the recovery of
Rs.32,27,974/- (Rupees Thirty Two Lacs Twenty Seven Thousand Nine
Hundred and Seventy Four Only) with interest @7.35% per annum with
monthly rests from 25.01.2022, till the date of payment is hereby
allowed with costs. The liability of all the defendants would be joint and

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several. Bank can recover its dues by the sale of mortgaged immovable property fully detailed in para No.3(A) of the application as 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 04.06.2024, who is directed to distribute the sale proceeds of the mortgage immovable property as per the provisions of Section 19(20AB) of the Act . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

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Pronounced in the open court. (A S Narang) Dated: 02.05.2024 Presiding Officer DRT-1, Chandigarh

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Pankaj

State Bank of India v. Sh Gurbax Singh @ Gurbaksh Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Gurbax Singh @ Gurbaksh Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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