Allowed

Union Bank of India (Corporation Bank) v. Harjinder Singh

DRT17 Apr 2025OA/210/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by Union Bank of India against Harjinder Singh and another for recovery of dues totaling Rs. 23,37,594.04 with interest. The debt was acknowledged by the defendants, who were proceeded against ex parte for non-appearance. The Tribunal directed the recovery of dues through the sale of mortgaged property and personal assets.

What did the court decide?

Recovery of Rs. 23,37,594.04 with interest; joint and several liability; recovery from mortgaged property and personal assets; issuance of Recovery Certificate.

Union Bank of India (Corporation Bank) versus Harjinder Singh — Bail and Remand | 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: 210 of 2023 Date of Institution: 04.01.2023 Date of Decision: 17.04.2025

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Union Bank of India (erstwhile Corporation Bank), one of its branch offices at Ferozepur, Circular Road, Bagdadi Gate, Ferozepur, Punjab.

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……..Applicant

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Vs.

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Harjinder Singh S/o Sh. Harnam Singh, R/o Village Katora, Tehsil and District Ferozepur, Punjab-152001.

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Naseeb Singh S/o Sh. Harjinder Singh, R/o Village Katora, Tehsil and District Ferozepur, Punjab-152001.

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……….Defendants

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Advocates

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Ms. Sonam, proxy counsel for Sh. Ajay Singla, Counsel for the applicant bank.

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Defendants- Ex parte vide order dated 23.01.2024.

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OA for the Recovery of Rs.23,37,594.04p with interest @9.65% per annum with half yearly rests from 01.12.2022.

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ORDER

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Union Bank of India (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.23,37,594.04p with interest against Harjinder Singh And Another (defendants).

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Bank’s case is that on 13.01.2015, it had granted Cash Credit Limit of Rs.15.00 lacs to defendant nos.1 and 2 for agriculture purpose. To secure the loan, Defendant no.1 had mortgaged his immovable property (fully detailed in para No.3A of the application). The loan was chargeable to interest @9.65% per annum with half yearly rests. On 20.12.2017 and 30.03.2020, defendants had executed the acknowledged

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the debts vide Exhibit A-12 and A-13. On 30.11.2022, a sum of Rs.23,37,594.04p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 13.02.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 23.01.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Harish Kumar, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-15.

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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 30.11.2022, a sum of Rs.23,37,594.04p was due.

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Accordingly, the application of the bank for the recovery of Rs.23,37,594.04p (Rupees Twenty-Three Lacs Thirty-Seven Thousand Five Hundred Ninety-Four And Paisa Four Only) with interest @9.65% per annum with half yearly rests from 01.12.2022, 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 property, fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 20.05.2025 , who is directed to distribute the sale proceeds of the

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mortgage property, fully detailed in para no.3A of the application, 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: 17^th April, 2025 Presiding Officer DRT-1, Chandigarh

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(R. K. Singh, PS)

Union Bank of India (Corporation Bank) v. Harjinder Singh

Case brief

What is this about?

What did the court decide?

Union Bank of India (Corporation Bank) v. Harjinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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