Allowed

State Bank of India v. Harbhajan Singh

DRT28 Aug 2025OA/256/2022

Case brief

AI extract

What is this about?

The DRT allowed the bank's application under Section 19 of the RDB Act for recovery of Rs. 36,05,736/- with interest. The court held the co-borrower is jointly liable while the deceased borrower's heirs are liable limited to the extent of the inherited mortgaged property.

What did the court decide?

Ordered recovery of Rs.36,05,736/- with interest @10.60% p.a.; Recovery Certificate to be issued; Recovery Officer to distribute sale proceeds.

State Bank of India versus Harbhajan 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: 256/2022 Date of Institution: 24.01.2022 Date of Decision: 28.08.2025

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SBI (erstwhile SBOP) having its branches all over India and a branch at SARB, 4^th Floor, Aman Plaza, Tower “B”, Dr. Ambedkar Chowk, Near Passport Seva Kendra, Jalandhar, Punjab.

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……..Applicant

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Vs.

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Harbhajan Singh s/o Sh. Puran Singh, r/o Village Aujla, PO Babri Jiwan Wal, Tehsil & District Gurdaspur, Punjab, since deceased through his LRs:

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i. Dalbir Singh s/o Sh. Harbhajan Singh, r/o Village Aujla, PO Babri Jiwan Wal, Tehsil & District Gurdaspur, Punjab.

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ii. Paramjit Singh s/o Sh. Harbhajan Singh, r/o Village Aujla, PO Babri Jiwan Wal, Tehsil & District Gurdaspur, Punjab.

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iii. Gurmit Kaur d/o Sh. Harbhajan Singh, w/o Jagir Singh r/o Village Abbal Khair, Tehsil & District Gurdaspur, Punjab.

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iv. Manjit Kaur d/o Sh. Harbhajan Singh w/o Nirmal Singh, r/o Village Theh, Tehsil Dhariwal, District Gurdaspur, Punjab.

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v. Mandeep Kaur d/o Sh. Harbhajan Singh w/o Sh. Jaspal Singh, r/o Village Naushera Majha Singh, District Gurdaspur, Punjab.

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Dalbir Singh s/o Sh. Harbhajan Singh, r/o Village Aujla, PO Babri Jiwan Wal, Tehsil & District Gurdaspur, Punjab.

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……….Defendants

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Advocates

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Sh. Yogesh Kumar proxy counsel for Sh. Rakesh Gupta, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 01.09.2023 .

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OA for the Recovery of Rs.36,05,736/- with interest @10.60% per annum with half-yearly rests from 24.01.2022.

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ORDER

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SBI has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of

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Rs.36,05,736/- with interest against Sh. Harbhajan Singh and another (defendants).

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2. Bank’s case is that on 05.03.2014, it had granted a loan of
Rs.25.00Lacs to defendant Nos. 1 & 2 in the form of K.C.C Limit for
agricultural purpose. To secure the loan, Defendant No.1 (now deceased)
had mortgaged his land (fully detailed in para No.3A of the application).
Defendant no.1 is deceased and now represented through his legal heirs.
The loan was chargeable to interest @10.60% per annum with half-yearly
rests. On 19.01.2022, a sum of Rs.36,05,736/- was due from the
defendants. The defendants had duly acknowledged their liability towards
the debt on 15.03.2017. Despite repeated requests, defendants did not
make the repayment. Hence, this application.
3. On 29.04.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 01.09.2023, they were proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Manjit Mahey, Chief 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.25.00 Lacs and on 19.01.2022, a sum of Rs.36,05,736/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.36,05,736/- (Rupees Thirty Six Lacs Five Thousand Seven Hundred
Thirty Six Only) with interest @10.60% per annum with half-yearly rests
from 24.01.2022, till the date of payment is hereby allowed with costs.
The liability of defendant No.2 would be for the whole decretal amount
being the co-borrower with the deceased defendant. The liability of the

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LRs’ of defendant No.1 would be limited upto the extent of the property inherited by them from Sh. Harbhajan Singh (now deceased). 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 defendant No.2.

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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 08.10.2025, who is directed to distribute the sale proceeds of the mortgaged land and standing crops as per the provisions of Section 19(20AB) of the Act .

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A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

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Pronounced in the open Court. (A S Narang) Dated: 28.08.2025 Presiding Officer DRT-1, Chandigarh

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MANOJ KALRA

State Bank of India v. Harbhajan Singh

Case brief

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What did the court decide?

State Bank of India v. Harbhajan Singh

Case brief

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What did the court decide?

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