Allowed

Punjab Gramin Bank v. Dalbir Singh (Since Deceased through Lrs)

DRT11 Mar 2025OA/1491/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of a loan amounting to Rs. 47,44,829/- along with interest. The court accepted the bank's evidence regarding the advance and outstanding dues, proceeding with the defendants ex parte. The tribunal directed the issuance of a recovery certificate for the sale of mortgaged land inherited by theLegal Heirs.

What did the court decide?

Recovery of Rs. 47,44,829/- with interest at 10.35% per annum, costs, and issuance of Recovery Certificate for sale of mortgaged land.

Punjab Gramin Bank versus Dalbir Singh (Since… — Contract and Commercial Disputes | DRT (2025)

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OA No: 1491/2022

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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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Date of Institution: 18.07.2022 Date of Decision: 11.03.2025

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Punjab Gramin Bank having its branches all over India and a branch at Harsha Chinna, Tehsil Ajnala, District Amritsar, Punjab.

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……..Applicant Vs. 1. Sh. Dalbir Singh (since deceased through LRs) s/o Sh. Sohan Singh: 1(a) Smt. Sukhwinder Kaur, aged 58 years widow of Dalbir Singh, resident of Village Khatrai Khurd, Post Office Khatrai Kalan, Tehsil Ajnala, District Amritsar, Punjab. 1(b) Sh. Harjit Singh, aged 21 years s/o Dalbir Singh, resident of Village Khatrai Khurd, Post Office Khatrai Kalan, Tehsil Ajnala, District Amritsar, Punjab. 1(c) Personeel Kaur, aged 30 years d/o Sh. Dalbir Singh, resident of Village Khatrai Khurd, Post Office Khatrai Kalan, Tehsil Ajnala, District Amritsar, Punjab. 1(d) Sh. Tejinder Kaur, aged 28 yrs d/o Sh. Dalbir Singh, resident of Village Khatrai Khurd, Post Office Khatrai Kalan, Tehsil Ajnala, District Amritsar, Punjab. ……….Defendants Advocates Mr. Bhushan Bhatia, Counsel for the applicant bank. Defendants - ex parte . OA for the Recovery of Rs.47,44,829/- with interest @10.35% per annum with yearly rests from 18.07.2022. ORDER 1. Punjab Gramin Bank (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.47,44,829/- with interest against Sh. Dalbir Singh (now deceased through his LRs) (defendants).

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2 2. Bank’s case is that on 27.04.2015, it had granted a loan of
Rs.30.00 Lacs to Dalbir Singh (now deceased) in the form of K.C.C
Limit for agricultural purpose. To secure the loan, Dalbir Singh (now deceased) had mortgaged his land (fully detailed in para No.5.6 of the application). The loan was chargeable to interest @10.35% per annum with yearly rests. On 14.07.2022, a sum of Rs.47,44,829/- was due from
the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 03.02.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 15.01.2024, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Saurabh Kumar, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-9.
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.30.00 Lacs and on 14.07.2022, a sum of Rs.47,44,829/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.47,44,829/- (Rupees Forty Seven Lacs Forty Four Thousand Eight
Hundred Twenty Nine Only) with interest @10.35% per annum with
yearly rests from 18.07.2022, 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.5.6 of the application. The LRs of Dalbir Singh (now
deceased) would be liable to pay to the extent of property inherited by them from Sh. Dalbir Singh (deceased).

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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 09.04.2025, who is directed to distribute the sale proceeds of the mortgage land and standing crops as per the provisions of Section 19 (20-AB) of the Act .

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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: 11.03.2025 Presiding Officer DRT-1, Chandigarh

Punjab Gramin Bank v. Dalbir Singh (Since Deceased through Lrs)

Case brief

What is this about?

What did the court decide?

Punjab Gramin Bank v. Dalbir Singh (Since Deceased through Lrs)

Case brief

What is this about?

What did the court decide?

What the court decided

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