DRT allowed SBI's application under Section 19 RDB Act for recovery of Rs. 33.60 Lacs including interest, finding the loan advanced and due. Joint and several liability imposed; recovery certificate issued for sale of mortgaged land.
Allowed recovery of Rs. 33,60,991/- with interest; directed sale of mortgaged land for recovery; issued Recovery Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
OA No: 1547/2023 Date of Institution: 05.08.2023 Date of Decision: 24.07.2025
SBI having its branches all over India and a branch at Medical Campus, Sadiq Road, Faridkot, District Faridkot, Punjab.
……..Applicant Vs. 1. Balbir Singh s/o Sh. Bagga Singh 2. Hari Singh s/o Sh. Balbir Singh Both residents of House No.314, Part-2, Village Machaki Mal Singh, Tehsil & District Faridkot, Punjab. ……….Defendants
Advocates
Sh. Rishabh Gupta proxy counsel for Sh. Gaurav Singla, Counsel for the applicant bank. Defendants - ex parte vide order dated 08.10.2024 .
OA for the Recovery of Rs.33,60,991/- with interest @11.75% with half-yearly rests from 05.08.2023.
ORDER
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| from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application. |
|---|
| 3. On 26.09.2023, summonses were sent to the defendants by |
| registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 08.10.2024, they were proceeded_ex parte_. |
| 4. In order to prove its case, the Bank has placed on record the |
| affidavit of Sh. Gaurav Kumar, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-11. 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 total loan |
| of Rs.22.00 Lacs (Rs.12.00 Lacs under K.C.C. Limit & Rs.10.00 Lacs under K.G.C. Limit) and on 12.07.2023, a sum of Rs.33,60,991/- was due. |
| 6. Accordingly, the application of the bank for the recovery of |
| Rs.33,60,991/- (Rupees Thirty Three Lacs Sixty Thousand Nine Hundred |
| Ninety One Only) with interest @11.75% with half-yearly rests from |
| 05.08.2023, till the date of payment is hereby allowed with costs. The |
| liability of all both the defendants would be joint and several. 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 defendants. |
| 7. Pending IAs, if any, stand disposed of. |
| 8. Recovery Certificate be issued accordingly. |
| 9. Parties are directed to appear before Recovery Officer on |
| **01.09.2025,**who is directed to distribute the sale proceeds of the |
| mortgaged land and standing crops as per the provisions of Section 19(20- AB) of the Act**.** |
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1 issue framed by the court
Whether the application under Section 19 of the RDB Act for recovery of outstanding loans is maintainable.
2 provisions across 1 enactments
SBI
Balbir Singh s/o Sh. Bagga Singh
Hari Singh s/o Sh. Balbir Singh
A S NARANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
