Allowed

Kotak Mahindra Bank Limited v. Baljit Singh

DRT9 Oct 2025OA/1625/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an order for recovery filed by Kotak Mahindra Bank against Baljit Singh and others for a loan of Rs.70 lakcs. With defendants appearing ex parte, the court confirmed the outstanding dues and directed the issuance of a Recovery Certificate and appointment of an officer for sale of mortgaged land.

What did the court decide?

Recovery of Rs.83,88,877/- with interest allowed; Recovery Certificate issued; Officer appointed to distribute sale proceeds of mortgaged land and crops.

Kotak Mahindra Bank Limited versus Baljit Singh — Banking and Recovery | 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: 1625/2022 Date of Institution: 05.08.2022 Date of Decision: 09.10.2025

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Kotak Mahindra Bank Limited having its branches all over India and a branch at Mall Road, Amritsar, Punjab.

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……..Applicant

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Vs.

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Baljit Singh s/o Sh. Makhtar Singh, r/o H.No.180, Village Dhun, Tehsil Patti, Distt. Tarn Taran, Punjab.

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Jatinder Kaur w/o Sh. Baljit Singh, r/o H.No.180, Village Dhun, Tehsil Patti, Distt. Tarn Taran, Punjab.

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Sukhraj Singh s/o Sh. Balbir Singh, r/o H.No.11, Village Kotli Sur Singh, Tehsil Patti, Distt. Tarn Taran, Punjab.

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……….Defendants

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Advocates

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Sh. J.S. Sehgal, Counsel for the applicant bank. Defendants - ex parte vide order dated 20.08.2024 .

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OA for the Recovery of Rs.83,88,877/- with interest @12% per annum with half-yearly rests from 05.08.2022.

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ORDER

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Kotak Mahindra Bank Limited has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.83,88,877/- with interest against Sh. Baljit Singh and others (defendants).

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Bank’s case is that on 16.07.2013, it had granted a loan of Rs.70.00Lacs to defendant Nos. 1 & 2 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant no. 3 stood as guarantor. The loan was chargeable to interest @12% per annum

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with half-yearly rests. The defendants were sent recall notice on 17.05.2022. On 13.05.2022, a sum of Rs.83,88,877/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 12.10.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 20.08.2024, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Munish Sharma, Manager along with the loan and security documents and marked them as Exhibit A-1 to A-18. 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.70.00 Lacs and on 13.05.2022, a sum of Rs.83,88,877/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.83,88,877/- (Rupees Eighty Three Lacs Eighty Eight Thousand Eight Hundred Seventy Seven Only) with interest @12% per annum with halfyearly rests from 05.08.2022, 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 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 19.11.2025, who is directed to distribute the sale proceeds of the mortgaged land and standing crops as per the provisions of Section 19(20AB) 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: 09.10.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Kotak Mahindra Bank Limited v. Baljit Singh

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Baljit Singh

Case brief

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