Allowed

State Bank of India v. Sh Bahal Singh

DRT25 Jul 2025OA/64/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the bank's application for recovery of loan dues from the legal heirs of the deceased defendant. The court confirmed the debt and directed recovery from inherited property and mortgaged land via a recovery certificate.

What did the court decide?

Recovery of Rs 28,98,329/- with interest; Recovery Certificate issued for sale of mortgaged property and inherited assets.

State Bank of India versus Sh Bahal Singh — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 64 of 2023 Date of Institution: 08.12.2022 Date of Decision: 25.07.2025

¶4

SBI (e-SBOP) having its branches all over India and a branch at Makhu Tehsil Zira, District Ferozepur, Punjab.

¶5

……..Applicant Vs.

¶6

Sh. Bahal Singh s/o Sh. Atma Singh since deceased through his legal heirs: i) Sh. Dilwar Singh, Son

¶7

ii) Sh. Ranjit Singh, Son

¶8

Both residents of Village Sarhali, Tehsil Zira and District Ferozepur, Punjab.

¶9

……….Defendants

¶10

Advocates

¶11

Ms. Lovedeep Kaur proxy counsel for Mr. Pankaj Beri, Counsel for the applicant bank. Defendants - ex parte .

¶12

OA for the Recovery of Rs.28,98,329/- with interest @11.75% per annum with half-yearly rests from 08.12.2022.

¶13

ORDER

¶14

SBI (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs. 28,98,329/- with interest against Sh. Bahal Singh since deceased through his Legal Heirs (defendants).

¶15

Bank’s case is that on 16.03.2015, it had granted a loan of Rs.19.00Lacs to Defendant (now deceased) in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant had mortgaged his land (fully detailed in para No.3A of the application). The loan was chargeable to interest @11.75% per annum with half-yearly rests. On

¶16

¶17

22.11.2022, a sum of Rs.28,98,329/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶18

On 18.01.2023, summonses were sent to the defendant and his Legal heirs by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 07.12.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Hardeep Kumar, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-10. 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.19.00Lacs and on 22.11.2022, a sum of Rs.28,98,329/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.28,98,329/- (Rupees Twenty Eight Lacs Ninety Eight Thousand Three Hundred Twenty Nine Only) with interest @11.75% per annum with halfyearly rests from 08.12.2022, till the date of payment is hereby allowed with costs. The liability of the Legal heirs of the Defendant would be limited to the extent of property inherited by them from Sh. Bahal Singh (now deceased). 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 property(ies) of the inherited by the Legal Heirs from the Defendant. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 02.09.2025, who is directed to distribute the sale proceeds of the

¶19

¶20

mortgaged property(ies) and standing crops as per the provisions of Section 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. Pronounced in the open Court. (A S Narang) Dated: 25.07.2025 Presiding Officer DRT-1, Chandigarh

State Bank of India v. Sh Bahal Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh Bahal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Canara Bank versus Sh Harkirat Singh Dhillon

Bank of India versus Sh Sarbjeet Singh @ Sarabjeet Singh

Punjab National Bank versus Buta Singh

Hdfc Bank versus Naseeb Chand

Hdfc Bank Limited versus M/s Laxmi Bhandar

Punjab National Bank versus M/s Patanjali Chikitsalay