Allowed

Punjab and Sind Bank v. Kala Singh

DRT11 Nov 2025OA/135/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs.34,13,940.30 with interest under Section 19 of the RDB Act against the legal heirs of deceased principals and a guarantor. A recovery certificate was directed.

What did the court decide?

Recovery of Rs.34,13,940.30 with interest allowed; Recovery Certificate issued; Parties directed to appear for distribution of sale proceeds.

Punjab and Sind Bank versus Kala Singh — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 135 of 2022 Date of Institution: 13.01.2022 Date of Decision: 11.11.2025

¶4

Date of Institution: 13.01.2022

¶5

Punjab & Sind Bank having its branches all over India and a branch at Guruharsahai, District Ferozepru, Punjab.

¶6

……..Applicant

¶7

¶8

Kala Singh s/o Bagha Singh (now deceased) through his Legal heirs:

¶9

i. Satnam Singh

¶10

ii. Gurbaksh Singh

¶11

iii. Balram Singh

¶12

iv. Jamna Bibi

¶13

All residents of Village Chhanga Rai Hither, Tehsil Guruharsahai, District Ferozepur, Punjab.

¶14

Gurbaksh Singh s/o Kala Singh r/o Village Chhanga Rai Hither, Tehsil Guruharsahai, District Ferozepur, Punjab

¶15

Surjan Singh s/o Jammu Singh (now deceased) through his Legal heirs:

¶16

i. Bhishamber Singh

¶17

ii. Des Singh

¶18

iii. Rachpal Singh

¶19

iv. Surjit Singh

¶20

v. Gurdeep Singh

¶21

All residents of Village Chhanga Rai Hither, Tehsil Guruharsahai, District Ferozepur, Punjab.

¶22

……….Defendants

¶23

Advocates

¶24

Sh. A.B.S. Sidhu, Counsel for the applicant bank.

¶25

Defendants - ex parte .

¶26

OA for the Recovery of Rs.34,13,940.30p with interest @12.15% per annum with half-yearly rests from 13.01.2022.

¶27

ORDER

¶28

Punjab & Sind Bank (Bank) has filed this application under Section

¶29

19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the

¶30

¶31

recovery of Rs.34,13,940.30p with interest against Sh. Kala Singh and others (defendants).

¶32

Bank’s case is that on 27.06.2013, it had granted a loan of Rs.10.00Lacs to defendant no.1 in the form of K.C.C Limit for agricultural purpose. On 12.05.2016, the K.C.C. Limit was enhanced from Rs.10.00Lacs to Rs.25.00Lacs. To secure the loan, Defendant no.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant nos. 2 and 3 stood as the guarantors. The loan was chargeable to interest @12.15% per annum with half-yearly rests. The defendants/LRs had acknowledged the liability towards the debt on 17.12.2018. On 30.09.2021, a sum of Rs.34,13,940.30p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application. 3. On 19.05.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 16.01.2025, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Gurjit Singh, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-26. 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 the loan of Rs.25.00Lacs and on 30.09.2021, a sum of Rs.34,13,940.30p was due. 6. Accordingly, the application of the bank for the recovery of Rs.34,13,940.30p (Rupees Thirty Four Lacs Thirteen Thousand Nine Hundred Forty and Thirty Paise Only) with interest @12.15% per annum with half-yearly rests from 13.01.2022, till the date of payment is hereby

¶33

¶34

allowed with costs. The liability of the legal heirs of defendant nos. 1 and 3 would be limited to the extent of property inherited by them from Kala Singh and Surjan Singh respectively. Defendant no.2 would be liable for the whole decretal amount being the guarantor. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendant no.2.

¶35

Pending IAs, if any, stand disposed of.

¶36

Recovery Certificate be issued accordingly.

¶37

Parties are directed to appear before Recovery Officer on 16.12.2025, 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 .

¶38

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

¶39

Pronounced in the open Court. (A S Narang) Dated: 11.11.2025 Presiding Officer DRT-1, Chandigarh

¶40

Amanpreet (Law Researcher)

Punjab and Sind Bank v. Kala Singh

Case brief

What is this about?

What did the court decide?

Punjab and Sind Bank v. Kala 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

Similar cases

Md Danish Sultan versus Indian Bank (Allahabad Bank)

Smt S Meena versus State Bank of India

Icici Bank Limited versus Jarnail Singh

Idbi Bank versus Mr. Ashish Sharma

Union Bank of India versus lingaraju

Punjab Gramin Bank versus Sukwhinder Kaur