Allowed

State Bank of India v. Sh Harjinder Singh

DRT21 Mar 2025OA/2169/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application for recovery of Rs. 29,75,217/- and costs against the defendant. Relying on documentary evidence, the Tribunal confirmed the outstanding debt and authorized recovery through the sale of mortgaged land and other property, directing the parties to appear before the Recovery Officer.

What did the court decide?

Recovery of Rs. 29,75,217/- with interest and costs permitted via sale of mortgaged land and other properties. Recovery Certificate issued. Party appearance fixed for distribution of sale proceeds.

State Bank of India versus Sh Harjinder 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: 2169/2022 Date of Institution: 02.11.2022 Date of Decision: 21.03.2025

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SBI, having its branches all over India and a branch at Village Beas Pind, Pathankot Road, Jalandhar, Punjab.

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……..Applicant

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Vs.

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Sh. Harjinder Singh s/o Sh. Avtar Singh, r/o Village Kharal Khurad, Tehsil Dasuya, Distt. Hoshiarpur, Punjab.

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……….Defendant

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Advocates

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Sh.RK Jindal, Counsel for the applicant bank. Defendant- ex parte .

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OA for the Recovery of Rs.29,75,217/- with interest @10.60% per annum with half-yearly rests from 02.11.2022.

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ORDER

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SBI (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.29,75,217/- with interest against Sh. Harjinder Singh (defendant).

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Bank’s case is that on 20.08.2013, it had granted a loan of Rs.20.00 Lacs to Defendant in the form of C.C Limit, for agricultural purpose. To secure the loan, Defendant had mortgaged his land (fully detailed in para No.6 of the application). The loan was chargeable to interest @10.60% per annum with half-yearly rests. On 16.10.2022, a sum of Rs.29,75,217/- was due from the defendant. Despite repeated requests, defendant did not make the repayment. Hence, this application.

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3. On 15.12.2022, summons was sent to the defendant by registered
post, which was duly served. However, defendant did not put in
appearance. Vide order dated 19.09.2023, he was proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Tejinder Pal Singh, Branch 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.20.00 Lacs and on 16.10.2022, a sum of Rs.29,75,217/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.29,75,217/- (Rupees Twenty Nine Lacs Seventy Five Thousand Two
Hundred Seventeen Only) with interest @10.60% per annum with half-
yearly rests from 02.11.2022, 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.6 of the application as well as from the personal
movable and immovable property(ies) of the defendant. 7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Party are directed to appear before Recovery Officer on
22.04.2025,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.
Pronounced in the open Court. (A S Narang) Dated: 21.03.2025 Presiding Officer DRT-1, Chandigarh

State Bank of India v. Sh Harjinder Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Harjinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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