The DRT allowed the bank's application for recovery of an outstanding loan of Rs.52.56 Lakhs plus interest against the defendants, who appeared ex parte, ordering execution proceedings.
Application allowed; recovery of Rs.52,56,168/- with interest ordered; Recovery Certificate issued; defendants to pay via sale of mortgaged/other assets.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
OA No: 491 of 2023 Date of Institution: 15.02.2023 Date of Decision: 11.12.2025
Kotak Mahindra Bank having its branches all over India and a branch at Amritsar, Punjab.
……..Applicant
Vs.
……….Defendants
Advocates
Sh. J.S. Sehgal, Counsel for the applicant bank. Defendants - ex parte .
OA for the Recovery of Rs.52,56,168/- with interest @12% per annum with half-yearly rests from 15.02.2023.
ORDER
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| notice on 06.01.2023. On 17.11.2022, a sum of Rs.52,56,168/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application. |
|---|
| 3. On 10.04.2023, summonses were sent to the defendants by |
| registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 20.09.2024, they were proceeded_ex_ |
| parte. |
| 4. In order to prove its case, the Bank has placed on record the |
| affidavit of Mr. Munish Sharma, Manager along with the loan and security documents and marked them as Exhibit A-1 to A-18. |
| 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.38.00Lacs and on 17.11.2022, a sum of Rs.52,56,168/- was due. |
| 6. Accordingly, the application of the bank for the recovery of |
| Rs.52,56,168/- (Rupees Fifty Two Lacs Fifty Six Thousand One Hundred Sixty Eight Only) with interest @12% per annum with half-yearly rests |
| from 15.02.2023, 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. 7. Pending IAs, if any, stand disposed of. |
| 8. Recovery Certificate be issued accordingly. |
| 9. Parties are directed to appear before Recovery Officer on |
| **16.01.2026,**who is directed to distribute the sale proceeds of the |
| mortgaged property(ies) and standing crops as per the provisions of Section 19(20-AB) of the Act**.** |
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(Law Researcher)
1 issue framed by the court
Whether the applicant bank has established its case for recovery of the due amount under Section 19 of the RDB Act.
2 provisions across 1 enactments
Kotak Mahindra Bank
Sukhwinder Singh
Jagir Kaur
Hardiyal Singh
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
