Allowed

Union Bank of India v. M/S Shiv Shakti Layer Farm

DRT26 Aug 2025OA/284/2023

Case brief

AI extract

What is this about?

In an application under Section 19 of the RDB Act, the Debts Recovery Tribunal allowed Union Bank to recover Rs. 39,03,762.12 with interest. The Tribunal held that defendants failed to repay the loan due on 30.11.2022, leading to ex parte orders.

What did the court decide?

Recovery of Rs. 39,03,762.12 with interest @8.50% p.a. allowed; Recovery Certificate issued; Parties directed to appear before Recovery Officer for distribution of sale proceeds.

Union Bank of India versus M/S Shiv Shakti Layer Farm — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 284/2023 Date of Institution: 23.01.2023 Date of Decision: 26.08.2025

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Union Bank of India at Karnal Main Ambedkar Chawk, GT Road, Karnal, Haryana

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……..Applicant

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1. M/s Shiv Shakti Layer Farm through its proprietor Smt. Ruma w/o Sh. Satyawan, r/o VPO Jundla, Tehsil and District Karnal, Haryana

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1. Smt. Ruma W/o Satyawan R/o 1165, Nigdhu (14, Karnal), Haryana – 132157, Proprietor of M/s Shiv Shakti Layer Farm

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1. Sh. Satyawan S/o Sh. Shyam Singh, R/o 1165, Nigdhu (14, Karnal) Haryana - 132157

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1. Sh. Om Bir S/o Sh. Shubhbir Singh, R/o Village Nigdhu, Karnal, Haryana ……….Defendants

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Advocates

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Sh. Akaant Kumar Mittal, Counsel for the applicant bank. Defendants- ex parte . OA for the Recovery of Rs.39,03,762.12/- with interest @8.50% per annum with half yearly rests from 23.01.2023. ORDER 1. Union Bank of India (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.39,03,762.12/- with interest against M/s Shiv Shakti Layer Farm and others (defendants). 2. Bank’s case is that on 03.10.2018, it had granted a loan of Rs.10.00 Lacs to defendant Nos. 1 and 2 in the form of C.C Limit and Rs.40.00 Lacs in the form of Term Loan for agricultural purpose.

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Defendant Nos. 3 and 4 stood as guarantors. To secure the loans, Defendant No. 2 had mortgaged her agricultural land (fully detailed in para No.5.8 of the application). The CC Limit was chargeable to interest @8.50% per annum with monthly rests and Term Loan was chargeable to interest @9.15% per annum with half yearly rests. On 30.11.2022, a sum of Rs.39,03,762.12/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 01.03.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 06.05.2023, defendant Nos. 2 and 3 were proceeded ex parte and Vide order dated 15.10.2024, defendant Nos. 1 and 4 were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Rakesh Kumar, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-23. 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.50.00 Lacs and on 30.11.2022, a sum of Rs.39,03,762.12/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.39,03,762.12/- (Rupees Thirty Nine Lacs Three Thousand Seven Hundred Sixty Two and Twelve Paisa Only) with interest @8.50% per annum with half yearly rests from 23.01.2023, 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(ies) fully detailed in para No.5.8 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
03.1	0.2025,who is directed to distribute the	sale proceeds of the
mort	gage property(ies) and standing crops as	per the provisions of
Sect	ion 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.
Pron Date	ounced in the open Court. d:26.08.2025	(A S Narang) Presiding Officer DRT-2, Chandigarh (Additional charge)

Union Bank of India v. M/S Shiv Shakti Layer Farm

Case brief

What is this about?

What did the court decide?

Union Bank of India v. M/S Shiv Shakti Layer Farm

Case brief

What is this about?

What did the court decide?

What the court decided

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