Allowed

Bank of Baroda (Vijaya Bank) v. Sh. Jaswinder Singh

DRT30 Oct 2025OA/520/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an applicant bank's application for recovery of Rs. 21,84,817 with interest against two respondents, one primary borrower and one guarantor. The court directed issuance of a recovery certificate and appearance before the Recovery Officer to sell mortgaged land.

What did the court decide?

Recovery of Rs. 21,84,817 with interest allowed via sale of mortgaged land and personal property of respondents.

Bank of Baroda (Vijaya Bank) versus Sh. Jaswinder 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: 520/2022 Date of Institution: 18.02.2022 Date of Decision: 30.10.2025

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Bank of Baroda (erstwhile Vijaya Bank) having its branches all over India and a branch at Tibri Road, Opp. Kotak Mahindra Bank, Gurdaspur, Punjab.

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……..Applicant

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Vs.

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Sh. Jaswinder Singh s/o Sh. Sukhbir Singh, r/o H.No.530/16, Tibri Road, Tehsil & District Gurdaspur, Punjab.

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Sh. Ajay Shankar s/o Sh. Mool Raj, r/o H.No.76, VPO Hardoshani, Tehsil & District Gurdaspur, Punjab.

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……….Defendants

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Advocates

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Sh. K.P.S. Dhillon, Counsel for the applicant bank. Defendants - ex parte vide order dated 05.03.2024 . OA for the Recovery of Rs.21,84,817/- with interest @12% per annum with half-yearly rests from 18.02.2022.

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ORDER

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Bank of Baroda has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.21,84,817/- with interest against Sh. Jaswinder Singh and another (defendants).

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Bank’s case is that on 28.09.2017, it had granted a loan of Rs.13.50 Lacs to defendant No.1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide deed of guarantee Annexed as Exhibit A/7. The loan was chargeable to interest @12% per annum with half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 07.03.2019. On

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31.01.2022, a sum of Rs.21,84,817/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 06.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 05.03.2024, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Karmjit Singh, Manager along with the loan and security documents and marked them as Exhibit A-1 to A-13. 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.13.50 Lacs and on 31.01.2022, a sum of Rs.21,84,817/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.21,84,817/- (Rupees Twenty One Lacs Eighty Four Thousand Eight Hundred Seventeen Only) with interest @12% per annum with half-yearly rests from 18.02.2022, till the date of payment is hereby allowed with costs. The liability of both 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 03.12.2025, 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. Pronounced in the open Court. (A S Narang) Dated: 30.10.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of Baroda (Vijaya Bank) v. Sh. Jaswinder Singh

Case brief

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Bank of Baroda (Vijaya Bank) v. Sh. Jaswinder Singh

Case brief

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What did the court decide?

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