Allowed

State Bank of India v. Harjinder Singh

DRT28 Jul 2025OA/412/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by SBI for recovery of Rs.22,45,208/- with interest against three defendants, who were absent. The court approved the sale of mortgaged land and directed issuance of a recovery certificate.

What did the court decide?

Allowance of application for recovery of Rs.22,45,208/- with interest; issuance of Recovery Certificate; sale of mortgaged land.

State Bank of India versus Harjinder Singh — 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: 412/2023 Date of Institution: 18.02.2023 Date of Decision: 28.07.2025

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SBI having its branches all over India and a branch at Sirhind Mandi, District Fatehgarh Sahib, Punjab.

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……..Applicant

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Vs.

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Harjinder Singh s/o Sh. Ram Singh, r/o Village Mathi, P.O. Saidpura, Tehsil & District Fatehgarh Sahib, Punjab.

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Jaswant Singh s/o Sh. Avtar Singh, r/o Village Mathi, P.O. Saidpura, Tehsil & District Fatehgarh Sahib, Punjab.

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Avtar Singh s/o Sh. Ram Singh, r/o Village Mathi, P.O. Saidpura, Tehsil & District Fatehgarh Sahib, Punjab.

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……….Defendants

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Advocates

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Ms. Anupama Takhi proxy counsel for Sh. Arun Takhi, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 08.05.2024 .

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OA for the Recovery of Rs.22,45,208/- with interest @10.45% per annum with half-yearly rests from 18.02.2023.

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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 Rs.22,45,208/- with interest against Sh. Harjinder Singh and others (defendants).

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Bank’s case is that on 18.12.2015, it had granted a K.C.C. Limit of Rs.15.00 Lacs and a Medium Term Loan of Rs.3.00 Lacs to defendant Nos. 1 and 2 for agricultural purpose. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.3 stood as guarantor. The loan was chargeable to interest

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@10.45% per annum with half-yearly rests. The defendants had duly acknowledged their liability towards the debt on 18.04.2018, 14.12.2018, 05.12.2019, 07.04.2020. On 05.12.2022, a sum of Rs.22,45,208/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 13.03.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 08.05.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Jivan Sharma, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-35. 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 loans under different schemes and on 05.12.2022, a sum of Rs.22,45,208/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.22,45,208/- (Rupees Twenty Two Lacs Forty Five Thousand Two Hundred Eight Only) with interest @10.45% per annum with half-yearly rests from 18.02.2023, 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 land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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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 03.09.2025, who is directed to distribute the sale proceeds of the

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mortgaged 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: 28.07.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

State Bank of India v. Harjinder Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Harjinder Singh

Case brief

What is this about?

What did the court decide?

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