Allowed

Kotak Mahindra Bank Limited v. Kulwant Singh and Another

DRT18 Oct 2025OA/561/2025

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's application for recovery of Rs. 45.33 Lakhs from borrowers who defaulted on a KCC loan. The bank was granted uniform simple interest at 8% p.a. and directed to issue a Recovery Certificate.

What did the court decide?

Recovery of Rs. 45,33,230 plus costs and future simple interest @ 8% p.a. from filing date; Recovery Certificate issued.

Kotak Mahindra Bank Limited versus Kulwant Singh… — Contract and Commercial Disputes | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.561/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 04.04.2025

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DATE OF DECISION: 18.10.2025

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Kotak Mahindra Bank Ltd. (in which ING Vysya Bank Ltd stands amalgamated and the name of IVBL has been changed to Kotak Mahindra Bank Ltd. (KMBL) pursuant to the order issued by Reserve Bank of India under sub section 4 of section 44A of Banking Regulation Act, 1949, sanctioning the scheme of amalgamation effective from 31.03.2015, as communicated by RBI vide its letter no. DBR.No.PSBD.14527/ 16.01.136/2014-15 March 31-2015 and order issued by RBI vide Letter no. DBR/PSBD/14476/16.01.136/2014-15 dated March 31st 2015, thus the applicant is a banking company, carrying on the banking business under the Companies Act, 1956, and having its Registered Office at 27BKС, C 27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai and branches at different places one at Ludhiana, Punjab, through Sh. Munish Sharma, Authorized Officer of Applicant.

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……..Applicant Versus
1. Sh. Kulwant Singh S/o Sh. Sadhu Singh R/o Agwar Gujjran,
Sherpur Road, Jagraon, Distt. Ludhiana, Punjab- 142026.
IInd Address: H. No. 23, Village Pindi Balochan, Tehsil and
Distt. Faridkot, Punjab -151203.
2. Sh. Gurjant Singh S/o Sh. Sadhu Singh R/o Agwar Gujjran,
Sherpur Road, Jagraon, Distt. Ludhiana, Punjab - 142026.
IInd Address: H. No. 23, Village Pindi Balochan, Tehsil and
Distt. Faridkot, Punjab-151203.

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………. Defendants

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OA NO. 561/2025 KOTAK MAHINDRA BANK LTD. VS SH.KULWANT SINGH AND ANOTHER

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Advocates:

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Argued by Sh. Sumeet Sehgal, Advocate proxy for Sh. J.S. Sehgal, Advocate for Applicant

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Defendants already ex parte

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs.45,33,230.00p (Rupees Forty Five Lacs Thirty Three Thousand Two Hundred Thirty Only). The Original Application has been filed through Sh. Munish Sharma, Authorized Officer of the applicant, who is competent to institute the Original Application vide Delegation of Powers dated 31.08.2023, which is Annexure A1 to this OA.

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The brief facts of the OA are that the defendant no.1 had approached the applicant for grant of KCC Limit of Rs.40.00 Lacs vide Application form dated 02.12.2011, which is Annexure A3 to this OA. Defendant no. 2 stood as guarantor.

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The applicant sanctioned the KCC Limit of Rs.35.00 Lacs vide Letter of arrangement dated 29.12.2011, which is Annexure A4 to this OA and terms and conditions duly accepted by the defendants.

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Defendant no.1 had mortgaged his immoveable properties i.e. total land measuring 109K-01M situated at Village Pindi Balochan, Tehsil and District Faridkot, Punjab vide Mortgaged Deed bearing vasika no.1096 dated 29.02.2012, along with its translation, which are Annexures A12 & A13 to this OA.

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Documents executed : - Order of amalgamation issued by Reserve Bank of India dated 31.03.2015, which is Annexure A2 to this OA; Annexure B-1, Demand Promissory Note, Take Delivery Letter to DPN, Hypothecation Agreement , Deed of Guarantee , Consent Letter to be executed by Borrower, Consent Letter to be executed by Guarantor, Undertaking cum letter of authorization for insuring crop and other

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OA NO. 561/2025 KOTAK MAHINDRA BANK LTD. VS SH.KULWANT SINGH AND ANOTHER

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movable assets all dated 29.12.2011, Which Are Annexures A5 to A12 to this OA; Notice dated 30.09.2024 along with postal receipts, which are Annexures A15 to A19 to this OA and Statement of Account, which is Annexure A20 to this OA.

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The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.45,33,230.00p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 09.10.2025.

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In support of the OA, affidavit of Sh. Munish Sharma, Authorized Officer, Kotak Mahindra Bank Ltd., has been filed.

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Heard ex-parte arguments and perused record.

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It was argued by learned Proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A20 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.45,33,230.00p (Rupees Forty Five Lacs Thirty Three Thousand Two Hundred Thirty Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the account.

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OA NO. 561/2025 KOTAK MAHINDRA BANK LTD. VS SH.KULWANT SINGH AND ANOTHER

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In so far as pendent lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12.00% p.a. with Half yearly rests from 09.07.2024 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @08.00%p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

¶32

In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.45,33,230.00p (Rupees Forty Five Lacs Thirty Three Thousand Two Hundred Thirty Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this

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Tribunal on 30.10.2025.

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¶38

OA NO. 561/2025

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KOTAK MAHINDRA BANK LTD. VS SH.KULWANT SINGH AND ANOTHER

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the open Tribunal .

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Dated: 18.10.2025

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(MRIDULESH KUMAR SINGH)

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Presiding Officer, DRT-III, Chandigarh

Kotak Mahindra Bank Limited v. Kulwant Singh and Another

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Kulwant Singh and Another

Case brief

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What did the court decide?

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