Allowed

Bank of India v. Smt. Gurbax Kaur

DRT23 Jan 2025OA/264/2024

Case brief

AI extract

What is this about?

In an application under Section 19 of the RDB Act, the Debts Recovery Tribunal allowed the Bank of India to recover an outstanding debt of Rs. 38,23,327.46p with interest from the guarantors and borrowers for an agricultural KCC loan, relying on ex parte proof.

What did the court decide?

Recovery of Rs. 38,23,327.46p with interest from the defendants via sale of mortgaged land and personal property.

Bank of India versus Smt. Gurbax 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: 264/2024 Date of Institution: 17.01.2024 Date of Decision: 23.01.2025

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Bank of India, branch office amongst other places at GT Road Goraya, District Jalandhar.

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……..Applicant

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Vs.

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Smt. Gurbax Kaur W/o Sh. Makhan Singh, R/o Buraj Pukhta, Tehsil Phillaur and District Jalandhar.

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Sh. Harwinder Singh S/o Makhan Singh, R/o Buraj Pukhta, Tehsil Phillaur and District Jalandhar.

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Smt. Gurbax Kaur W/o Sh. Kesar Singh, R/o Village Rasulpur, Tehsil Phillaur and District Jalandhar.

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……….Defendants

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Advocates

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Ms. Lovedeep Kaur, proxy Counsel for Ms. Puja Sharma, Counsel for the applicant bank. Defendants – ex parte

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OA for the Recovery of Rs.38,23,327.46p with interest @11.20% per annum with half yearly rests from 17.01.2024.

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ORDER

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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.38,23,327.46p with interest against Smt. Gurbax Kaur and others (defendants).

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Bank’s case is that on 13.11.2014, it had granted a KCC Limit of Rs.30.00 Lacs to defendant No.1 and 2 for agricultural purpose. Defendant No.3 had stood guarantor. To secure the loan, Defendant No.1 had mortgaged her land (fully detailed in para No.III (A) of the application). The loan was chargeable to interest @11.20% per annum

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with half yearly rests. On 17.01.2024, a sum of Rs.38,23,327.46p was
due from the defendants. Despite repeated requests, defendants did not
make the repayment. Hence, this application.
3. On 29.02.2024, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not
put in appearance. Vide order dated 09.01.2025, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Nirmal Singh Mahey, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-16.
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.30.00 Lacs and on 17.01.2024, a sum of Rs.38,23,327.46p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.38,23,327.46p (Rupees Thirty Eight Lacs Twenty Three Thousand
Three Hundred Twenty Seven and Paisa Forty Six Only) with interest
@11.20% per annum with half yearly rests from 17.01.2024, 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.III(A) of the application
as well as from the personal movable and immovable property(ies) of the defendants.

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7.	Pending IAs, if any, stand disposed of.
8.	Recovery Certificate be issued accordingly.
9.	Parties are directed to appear before Recovery Officer on
24.0	2.2025,who is directed to distribute the sale proceeds of the

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mortgage land and standing crops as per the provisions of Section 19(20AB) 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: 23.01.2025 Presiding Officer DRT-1, Chandigarh Pankaj

Bank of India v. Smt. Gurbax Kaur

Case brief

What is this about?

What did the court decide?

Bank of India v. Smt. Gurbax Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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