Allowed

Kotak Mahindra Bank Limited v. Sh. Sukha Singh and Others

DRT18 Sept 2025OA/222/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the original application filed by Kotak Mahindra Bank Ltd. for recovery of Rs. 38,12,937 against four respondents (borrowers and guarantor). The Tribunal reduced the claimed interest from 12% to 8% per annum and directed the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs.38,12,937 with 8% simple interest; Issuance of Recovery Certificate; Direction to proceed under SARFAESI Act.

Kotak Mahindra Bank Limited versus Sh. Sukha Singh and… — Execution and Attachment | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.222/2023

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PRESIDED OVER BYMRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 17.02.2023

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DATE OF DECISION: 18.09.2025

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Kotak Mahindra Bank Ltd., (in which ING Vysya Bank Ltd stands amalgamated and the name of IVBL has been changed to Kotak Mahindra Bank Ltd. (KMBL) pursuant to the order issued by Reserve Bank of India under sub section 4 of Section 44A of Banking Regulation Act, 1949, sanctioning the scheme of amalgamation effective from 31.03.2015, as communicated by RBI vide its letter no. DBR.No.PSBD.14527/16.01.136/2014-15 March 31-2015 and order issued by RBI vide Letter no. DBR/PSBD/14476/16.01.136/2014-15 dated 31^st March 2015, thus the applicant is a banking company, carrying on the banking business under the Companies Act, 1956 and having its Registered Office at 27BKC, C27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai and branches at different places one in Mari Gaur Singh, District Tarn Taran, Punjab, through Sh. Munish Sharma, Authorized Officer of Applicant.

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……..Applicant

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Versus

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Sh. Sukha Singh S/o Sh. Milkha Singh R/o Lakhna, Tehsil Patti, District Tarn Tarn – 143419.

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Smt. Kulwinder Kaur W/o Sh. Sukha Singh R/o Village Lakhna, Tehsil Patti, District Tarn Taran – 143419.

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Sh. Bhajan Singh S/o Sh. Milkha Singh R/o Village, Lakhna, Tehsil Patti, District Tarn Taran – 143419.

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Sh. Rashpal Singh S/o Sh. Santa Singh R/o Village Lakhna, Tehsil Patti, District Tarn Taran – 143419.

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….……Defendants

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2 OA NO. 222/2023 KOTAK MAHINDRA BANK LIMITED VS. SH. SUKHA SINGH AND OTHERS

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Advocates:

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Argued by Sh. Sumeet Sehgal, Advocate proxy for Sh. J.S. Sehgal, Advocate for Applicant

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Defendants already ex parte

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts & Bankruptcy Act 1993, against the defendants for recovery of Rs.38,12,937.00p (Rupees Thirty Eight Lacs Twelve Thousand Nine Hundred Thirty Seven Only). The Original Application has been filed through Sh. Munish Sharma, Manager of the applicant, who is competent to institute the Original Application vide Delegation of Powers dated 27.06.2022, which is Annexures A1 to this OA.

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The brief facts of the OA are that the defendant Nos. 1 to 3 had approached the applicant for the grant of KCC Limit of Rs.30.00 Lacs vide Loan Application dated 12.08.2014, which is Annexure A3 to this OA. Defendant no. 4 stood as guarantor.

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The applicant sanctioned the KCC Limit of Rs.27.00 Lacs vide Credit Arrangement Letter dated 19.08.2014, which is Annexure A4 to this OA and the terms and conditions were duly accepted by the defendants.

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Defendant no. 1 & 3 had mortgaged their immovable properties i.e. Total Land measuring 88K-00M situated at Village Lakhana, Hadbast No. 76, Tehsil Patti, District Tarn Taran vide Schedule Declaration under Section 4(1) dated 16.09.2014, along with its Translation, along with its translation which is Annexure A13 & A14 to this OA.

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Documents executed :- Order of amalgamation issued by Reserve Bank of India dated 31.03.2015, which is Annexure A2 to this OA; Annexure B-1, Demand Promissory Note, Take Delivery Letter to DPN, Hypothecation Agreement, Deed of Guarantee, Consent letter to be executed by Borrower & Guarantor, Undertaking-cum-letter of

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3 OA NO. 222/2023 KOTAK MAHINDRA BANK LIMITED VS. SH. SUKHA SINGH AND OTHERS

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Authorization for insuring crop and other movable assets, all dated 21.08.2014, which are Annexures A5 to A12 to this OA; Notice dated 06.01.2023, along with postal receipts, which are Annexures A15 to A19 to this OA and Statement of account, which is Annexure A20 to this OA.

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The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.38,12,937.00p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 19.04.2024. 7. In support of the OA, affidavit of Sh. Munish Sharma, Manager, Kotak Mahindra Bank Ltd., h as been filed. 8. Heard ex-parte arguments and perused record. 9. It was argued by learned proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A20 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the applicant. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.38,12,937.00p (Rupees Thirty Eight Lacs Twelve Thousand Nine Hundred Thirty Seven Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the account.

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4 OA NO. 222/2023 KOTAK MAHINDRA BANK LIMITED VS. SH. SUKHA SINGH AND OTHERS

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In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12.00% p.a. with half yearly rests from 31.12.2022 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @8.00%p.a. along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the accounts.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.38,12,937.00p (Rupees Thirty Eight Lacs Twelve Thousand Nine Hundred Thirty Seven Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal

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on 09.10.2025.

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5 OA NO. 222/2023 KOTAK MAHINDRA BANK LIMITED VS. SH. SUKHA SINGH AND OTHERS

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the open Tribunal .

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Dated: 18.09.2025

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(MRIDULESH KUMAR SINGH)

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Presiding Officer,

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DRT-III, Chandigarh

Kotak Mahindra Bank Limited v. Sh. Sukha Singh and Others

Case brief

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Kotak Mahindra Bank Limited v. Sh. Sukha Singh and Others

Case brief

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