Allowed

Punjab National Bank (Oriental Bank of Commerce) v. Harbhajan Singh

DRT28 Aug 2025OA/702/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of approximately Rs. 21.17 Lakhs along with interest. The court held that the bank proved the existence of the loan, acknowledgment of debt, and the amount due. Consequently, the recovery was permitted, liability was quantified for the legal heirs and the co-borrower, and a Recovery Certificate was issued.

What did the court decide?

Application allowed with costs. Recovery of Rs. 21,17,739.84/- with interest @8.80% per annum. Recovery Certificate issued.

Punjab National Bank (Oriental Bank of Commerce)… — 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:702/2022 Date of Institution: 11.04.2022 Date of Decision: 28.08.2025

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Punjab National Bank (e-Oriental Bank of Commerce) having its branches all over India and a branch at Bassi Daulat Khan, District Hoshiarpur, Punjab.

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……..Applicant

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Vs.

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Harbhajan Singh since deceased through his LRs’

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i. Ravinder Singh s/o Late Sh. Harbhajan Singh, r/o Village & P.O. Badla, Tehsil & District Hoshiarpur, Punjab.

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ii. Davinder Singh s/o Late Sh. Harbhajan Singh, r/o Village & P.O. Badla, Tehsil & District Hoshiarpur, Punjab.

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Ravinder Singh s/o Late Sh. Harbhajan Singh, r/o Village & P.O. Badla, Tehsil & District Hoshiarpur, Punjab.

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……….Defendants

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Advocates

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Sh. Anupama Takhi, Counsel for the applicant bank. Defendants - ex parte vide order dated 09.11.2023 .

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OA for the Recovery of Rs.21,17,739.84/- with interest @8.80% per annum with half-yearly rests from 11.04.2022.

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ORDER

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Punjab National Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.21,17,739.84/- with interest against Sh. Harbhajan Singh and another (defendants).

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Bank’s case is that on 12.05.2014, it had granted a loan of Rs.15.00 Lacs to defendant Nos. 1 & 2 in the form of OGC Limit for agricultural purpose. To secure the loan, Defendant Nos. 1 & 2 had mortgaged their land (fully detailed in para No.3A of the application). The loan was

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chargeable to interest @8.80% per annum with half-yearly rests. On 21.03.2022, a sum of Rs.21,17,739.84/- was due from the defendants. The defendants had duly acknowledged their liability towards the debt on 10.05.2017 & 29.11.2019. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 12.05.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 09.11.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Gagandeep Singh, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-19.

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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.15.00 Lacs and on 21.03.2022, a sum of Rs.21,17,739.84/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.21,17,739.84/- (Rupees Twenty One Lacs Seventeen Thousand Seven Hundred Thirty Nine and Paise Eighty Four Only) with interest @8.80% per annum with half-yearly rests from 11.04.2022, till the date of payment is hereby allowed with costs. The liability of the legal heirs of defendant No.1 would be limited upto the extent of the property inherited by them from Sh. Harbhajan Singh whereas the liability of defendant No.2 would be for the whole decretal amount being the co-borrower. 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 defendant No.2. 7. Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 08.10.2025, 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 . 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: 28.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank (Oriental Bank of Commerce) v. Harbhajan Singh

Case brief

What is this about?

What did the court decide?

Punjab National Bank (Oriental Bank of Commerce) v. Harbhajan Singh

Case brief

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What did the court decide?

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