Allowed

Punjab National Bank (Oriental Bank of Commerce) v. Balwinder Singh

DRT28 Jul 2025OA/198/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank’s application for recovery of Rs.23.64 lakhs with interest against the defendants, permitting sale of mortgaged land and personal property to meet dues.

What did the court decide?

Recovery of Rs.23,64,139.87p with interest at 8.50% per annum jointly and severally from the respondents; sale of mortgaged land and personal property directed.

Punjab National Bank (Oriental Bank of Commerce)… — 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: 198/2023 Date of Institution: 30.12.2022 Date of Decision: 28.07.2025

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Punjab National Bank (erstwhile Oriental Bank of Commerce) having its branches all over India and a branch at Dina-Nagar, District Gurdaspur, Punjab.

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……..Applicant

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Vs.

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Balwinder Singh s/o Sh. Pritam Singh, r/o VPO Bhattian, Tehsil & District Gurdaspur, Punjab.

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Dilbag Singh s/o Sh. Balwinder Singh r/o VPO Bhattian, Tehsil & District Gurdaspur, Punjab.

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……….Defendants

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Advocates

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Sh. Rajesh Gupta, Counsel for the applicant bank. Defendants - ex parte vide order dated 13.12.2023 .

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OA for the Recovery of Rs.23,64,139.87p with interest @8.50% per annum with half-yearly rests from 30.12.2022.

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ORDER

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Punjab National Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.23,64,139.87p with interest against Sh. Balwinder Singh and another (defendants).

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Bank’s case is that on 30.05.2012, it had granted a loan of Rs.15.00Lacs to defendant Nos. 1 and 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). The loan was chargeable to interest @8.50% per annum with half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 17.04.2015, 14.11.2017, 03.03.2018 and 06.02.2020. On 24.12.2022, a

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sum of Rs.23,64,139.87p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 10.02.2023, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 13.12.2023, they were proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Devinder Vashista, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-10.
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.15.00 Lacs and on 24.12.2022, a sum of Rs.23,64,139.87p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.23,64,139.87p (Rupees Twenty Three Lacs Sixty Four Thousand One Hundred Thirty Nine and Paise Eighty Seven Only) with interest @8.50% per annum with half-yearly rests from 30.12.2022, 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
03.09.2025,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 parties.
Pronounced in the open Court. (A S Narang) Dated: 28.07.2025 Presiding Officer DRT-1, Chandigarh

Punjab National Bank (Oriental Bank of Commerce) v. Balwinder Singh

Case brief

What is this about?

What did the court decide?

Punjab National Bank (Oriental Bank of Commerce) v. Balwinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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