Allowed

Bank of India v. Sh Sarbjeet Singh @ Sarabjeet Singh

DRT10 Jul 2025OA/1026/2024

Case brief

AI extract

What is this about?

Bank of India filed an application under Section 19 of the RDB Act for recovery of loan dues. The tribunal allowed the application, directed a Recovery Certificate to be issued, and set a date for the sale of mortgaged property.

What did the court decide?

Permission granted for recovery of dues with interest; Recovery Certificate issued; Joint and several liability of defendants confirmed; Sale of mortgaged land directed.

Bank of India versus Sh Sarbjeet Singh @ Sarabjeet… — Contract and Commercial Disputes | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 1026 of 2024 Date of Institution: 29.06.2024 Date of Decision: 10.07.2025

¶4

Bank of India having its branches all over India and a branch at Zira, District Ferozepur, Punjab.

¶5

……..Applicant Vs.

¶6

Sarbjeet Singh @ Sarabjeet Singh s/o Sh. Surinder Singh r/o College Road, Zira Tehsil Zira, district Ferozepur, Punjab.

¶7

Sh. Surinder Singh s/o Sh. Jagdish Singh r/o H.no.315, Ghor Mohalla, Near Jhatra Road, Ward No. 1, College Road, Zira, Ferozepur, Punjab.

¶8

Sh. Balwinder Singh s/o Sh. Pritam Singh r/o Sanher Road, Ward No.1, Zira, Ferozepur, Punjab.

¶9

……….Defendants

¶10

Advocates

¶11

Ms. Seerat Sharma proxy counsel for Sh. Pankaj Beri, Counsel for the applicant bank. Defendants - ex parte .

¶12

OA for the Recovery of Rs.23,48,707.17p with interest @11.40% per annum with half-yearly rests from 29.06.2024.

¶13

ORDER

¶14

Bank of India (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.23,48,707.17p with interest against Sh. Sarbjeet Singh @ Sarabjeet Singh and others (defendants).

¶15

Bank’s case is that on 04.03.2016, it had granted a loan of Rs.3.00Lacs in the form of K.C.C Limit and a loan of Rs.3.00Lacs in the form of AGOD Limit to Defendant no.1 for agricultural purpose. On 10.07.2018, the KCC Limit was renewed and enhanced to Rs.6.00Lacs and the AGOD was renewed and enhanced to Rs.10.00Lacs. To secure the

¶16

¶17

loan, Defendant no.1 had mortgaged his agricultural land (fully detailed in para no.3A of the application). Defendant nos. 2 and 3 stood as the guarantors. The loan was chargeable to different rates of interest with halfyearly rests. On 31.05.2025, a sum of Rs.23,48,707.17p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶18

On 30.07.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 01.07.2025, they were proceeded ex parte .

¶19

In order to prove its case, the Bank has placed on record the affidavit of Mr. Jatinder Kumar, Authorised Officer along with the loan and security documents and marked them as Exhibit A-1 to A-42.

¶20

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 the loans under different schemes and on 31.05.2024, a sum of Rs.23,48,707.17p was due. 6. Accordingly, the application of the bank for the recovery of Rs.23,48,707.17p (Rupees Twenty Three Lacs Forty Eight Thousand Seven Hundred And Seven and Seventeen Paise Only) with interest @11.40% per annum with half-yearly rests from 26.04.2024, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged agricultural land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

¶21

7.	Pending IAs, if any, stand disposed of.
8.	Recovery Certificate be issued accordingly.

¶22

¶23

Parties are directed to appear before Recovery Officer on 18.08.2025, who is directed to distribute the sale proceeds of the mortgaged property(ies) and standing crops as per the provisions of Section 19(20-AB) of the Act .

¶24

A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

¶25

Pronounced in the open Court. (A S Narang) Dated: 10.07.2025 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Bank of India v. Sh Sarbjeet Singh @ Sarabjeet Singh

Case brief

What is this about?

What did the court decide?

Bank of India v. Sh Sarbjeet Singh @ Sarabjeet Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohammed Shareef versus Manjeri Cooperative Urban Bank Ltd.

Jammu and Kashmir Bank Limited versus Mrs. Sunita Wattal

Bank of India versus Ms Heanu Poultry Farm

Hotel Lake View versus Punjab National Bank

Modern Seeds versus State Bank of India

Rakesh Kumar versus the Kangra Central Cooperative Bank Limited