Allowed

Idbi Bank v. Sh Avtar Singh

DRT12 Sept 2025OA/187/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs. 59,74,604.50 along with interest, finding that the defendants failed to repay a loan after due date. The court directed the issue of a recovery certificate and directed distribution of sale proceeds.

What did the court decide?

Recovery of Rs. 59,74,604.50 with interest; issuance of Recovery Certificate; direction to distribute sale proceeds.

Idbi Bank versus Sh Avtar Singh — Contract and Commercial Disputes | 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: 187/2022 Date of Institution: 03.09.2021 Date of Decision: 12.09.2025

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IDBI Bank Limited having its branches all over India and a branch at Plot No. 273-J, SLS Tower, 100 Feet Road, East Mohan Nagar, Amritsar, Punjab.

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……..Applicant

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Vs.

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Sh. Avtar Singh s/o Sh. Wassan Singh, r/o VPO Gandiwind, Sarai Amanat Khan, Tarn Taran, Punjab.

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Ms. Navjot Kaur w/o Sh. Paramjit Singh Dhillon, r/o Near VPO Gandiwind, Sarai Amanat Khan, Tarn Taran, Punjab.

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……….Defendants

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Advocates

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Sh. Rampal Kohli proxy counsel for Sh. Tajender K Joshi, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 03.11.2023 .

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OA for the Recovery of Rs.59,74,604.50p with interest @8.65% per annum with half-yearly rests from 03.09.2021.

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ORDER

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IDBI 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.59,74,604.50p with interest against Sh. Avtar Singh and another (defendants).

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Bank’s case is that on 13.06.2017, it had granted a loan of Rs.40.00 Lacs to defendant No.1 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.2 stood as guarantor. The loan was chargeable to interest @8.65% per annum with half-yearly rests. The defendants acknowledged liability towards the debt

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on 10.05.2021. On 31.03.2021, a sum of Rs.59,74,604.50p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 31.03.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.11.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Rohit Kaura, Assistant General 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.40.00 Lacs and on 31.03.2021, a sum of Rs.59,74,604.50p was due. 6. Accordingly, the application of the bank for the recovery of Rs.59,74,604.50p (Rupees Fifty Nine Lacs Seventy Four Thousand Six Hundred Four and Paise Fifty Only) with interest @8.65% per annum with half-yearly rests from 03.09.2021, till the date of payment is hereby allowed with costs. The liability of 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 23.10.2025, 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: 12.09.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Idbi Bank v. Sh Avtar Singh

Case brief

What is this about?

What did the court decide?

Idbi Bank v. Sh Avtar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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