Allowed

Canara Bank v. Ms. Bhupinder Kaur

DRT15 Apr 2025OA/20/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by Canara Bank to recover Rs. 37,46,847/- with interest from two defendants who stood surety and mortgaged land. The bank proved its case as the defendants appeared ex parte. A recovery certificate and order for sale proceeds were issued.

What did the court decide?

Recovery of Rs. 37,46,847/- with interest allowed; joint and several liability of defendants; recovery certificate to be issued.

Canara Bank versus Ms. Bhupinder Kaur — 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: 20/2023 Date of Institution: 19.12.2022 Date of Decision: 15.04.2025

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Canara Bank, Branch Office at Nurmahal, Tehsil Nakodar, District Jalandhar, Punjab.

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……..Applicant

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1. Ms. Bhupinder Kaur D/o Sh. Harjinder Singh, R/o Village Idda, Tehsil Shahkot, District Jalandhar, Punjab.

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1. Ajmer Singh S/o Sh. Harcharan Singh, R/o Village Idda, Tehsil Shahkot, District Jalandhar, Punjab.

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……….Defendants

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Advocates Mr. K.A.K. Davesar, Counsel for the applicant bank. Defendants – ex parte OA for the Recovery of Rs.37,46,847/- with interest @12.02% per annum with half yearly rests from 19.12.2022. ORDER 1. Canara Bank, (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.37,46,847/- with interest against Ms. Bhupinder Kaur and another (defendants). 2. Bank’s case is that on 06.11.2018, it had granted a KCC Limit of Rs.24.00 Lacs to defendant No.1 for agricultural purpose. Defendant No.2 had stood guarantor. To secure the loan, Defendant No.1 had mortgaged her land (fully detailed in para No.3(A) of the application). The loan was chargeable to interest @12.02% per annum with half yearly rests. On 14.12.2022, a sum of Rs.37,46,847/- was due from the

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2 defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 11.01.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 27.02.2024, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Kamal Kishore, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-13.
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.24.00 Lacs and on 14.12.2022, a sum of Rs.37,46,847/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.37,46,847/- (Rupees Thirty Seven Lacs Forty Six Thousand Eight
Hundred and Forty Seven Only) with interest @12.02% per annum with half yearly rests from 19.12.2022, 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.3(A) 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
16.05.2025,who is directed to distribute the sale proceeds of the
mortgage land and standing crops as per the provisions of Section 19(20-AB) of the Act.

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A Copy of this order along with Recovery Certificate be sent to

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the Recovery Officer as well as the parties.

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Pronounced in the open court. (A S Narang) Dated: 15.04.2025 Presiding Officer DRT-1, Chandigarh Pankaj

Canara Bank v. Ms. Bhupinder Kaur

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms. Bhupinder Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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