Allowed

State Bank of India v. Smt. Gurdeep Kaur

DRT3 Mar 2025OA/1448/2022

Case brief

AI extract

What is this about?

In this ex parte proceeding under Section 19 of the RDB Act, the DRT allowed the bank's application for recovery of Rs. 27,77,320/- awarded loan dues against the defendant, directing the sale of mortgaged land. A Recovery Certificate was issued for the distribution of proceeds by the Recovery Officer.

What did the court decide?

Recovery of Rs. 27,77,320/- with interest allowed; Recovery Certificate issued; direction for sale of mortgaged land.

State Bank of India versus Smt. Gurdeep Kaur — Landlord and Tenant | DRT (2025)

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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: 1448/2022 Date of Institution: 15.07.2022 Date of Decision: 03.03.2025

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SBI having its branches all over India and a branch at Bangowani Kunjar, Camp Office at Naushera Maja Singh, District Gurdaspur, Punjab.

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……..Applicant Vs.

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Smt. Gurdeep Kaur w/o Sh. Gurmej Singh s/o Sh. Fauja Singh, r/o Village Bhagowal, Tehsil Batala, District Gurdaspur, Punjab.

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……….Defendant

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Advocates

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Sh. Naresh Bagdi, Counsel for the applicant bank. Defendant- ex parte .

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OA for the Recovery of Rs.27,77,320/- with interest @13.75% per annum with half-yearly rests from 15.07.2022.

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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.27,77,320/- with interest against Smt. Gurdeep Kaur (defendant).

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Bank’s case is that on 31.12.2010, it had granted a PBKC Limit of Rs.2.70 Lacs, which was enhanced to Rs.5.00 Lacs and on 28.12.2010 a Term loan of Rs.5.30 Lacs under KGC scheme to defendant for agricultural purpose. To secure the loan, defendant had mortgaged her land (fully detailed in para No.3A of the application). The loans were chargeable to different rate of interests. On 31.05.2022, a sum of Rs.27,77,320/- was due from the defendant. Despite repeated requests, defendant did not make the repayment. Hence, this application.

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On 06.09.2022, summons was sent to the defendant by registered post, which was duly served. However, defendant did not put in appearance. Vide order dated 16.11.2023, she was proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Ms. Manpreet Kaur, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-30. 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 loans under various schemes and on 31.05.2022, a sum of Rs.27,77,320/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.27,77,320/- (Rupees Twenty Seven Lacs Seventy Seven Thousand Three Hundred Twenty Only) with interest @13.75% per annum with half-yearly rests from 15.07.2022, till the date of payment is hereby allowed with costs. 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. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Party is directed to appear before Recovery Officer on 02.04.2025, who is directed to distribute the sale proceeds of the mortgage land and hypothecated assets 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 party. Pronounced in the open Court. (A S Narang) Dated: 03.03.2025 Presiding Officer DRT-1, Chandigarh

State Bank of India v. Smt. Gurdeep Kaur

Case brief

What is this about?

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State Bank of India v. Smt. Gurdeep Kaur

Case brief

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What did the court decide?

What the court decided

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