Allowed

Canara Bank v. Sh Dilbag Singh

DRT18 Aug 2025OA/1637/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the applicant bank's application under the RDB Act for recovery of Rs.38.16 Lacs plus interest and costs against the respondent. The respondent was proceeded ex parte due to non-appearance. The Tribunal ruled in favor of the bank, directing the issuance of a Recovery Certificate and directing the recovery of dues by selling mortgaged land or attaching other properties.

What did the court decide?

Allowed the application for recovery of Rs.38,15,959/- with interest; directed issuance of Recovery Certificate; directed sale of mortgaged land to recover dues.

Canara Bank versus Sh Dilbag 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: 1637/2022 Date of Institution: 06.08.2022 Date of Decision: 18.08.2025

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Canara Bank having its branches all over India and a branch at Faridkot, Distt. Faridkot, Punjab.

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……..Applicant Vs. Sh. Dilbagh Singh s/o Sh. Chhinder Singh, r/o Village Hassan Bhatti, Tehsil and District Faridkot, Punjab.

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……….Defendant

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Advocates

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Sh. Aseem Kataria, Counsel for the applicant bank. Defendant- ex parte vide order dated 20.03.2024 . OA for the Recovery of Rs.38,15,959/- with interest @12.90% per annum with half-yearly rests from 06.08.2022.

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ORDER

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Canara Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.38,15,959/- with interest against Sh. Dilbagh Singh (defendant). 2. Bank’s case is that on 06.01.2014, it had granted a loan of Rs.12.00 Lacs to defendant in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant had mortgaged his land (fully detailed in para No.3A of the application). The loan was chargeable to interest @12.90% per annum with half-yearly rests. On 30.07.2022, a sum of Rs.38,15,959/was due from the defendant. The defendant had duly acknowledged his liability towards the debt on 30.09.2015 & 25.10.2017 & 29.09.2020. Despite repeated requests, defendant did not make the repayment. Hence, this application.

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On 17.10.2022, summons was sent to the defendant by registered post, which was duly served. However, defendant did not put in appearance. Vide order dated 20.03.2024, he was proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Dinesh Kumar, 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 loan of Rs.17.60 Lacs and on 30.07.2022, a sum of Rs.38,15,959/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.38,15,959/- (Rupees Thirty Eight Lacs Fifteen Thousand Nine Hundred Fifty Nine Only) with interest @12.90% per annum with halfyearly rests from 06.08.2022, 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.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Party is directed to appear before Recovery Officer on 25.09.2025, 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 . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the party.

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Pronounced in the open Court. (A S Narang) Dated: 18.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Canara Bank v. Sh Dilbag Singh

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sh Dilbag Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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