Allowed

Union Bank of India (Andhra Bank) v. Sanjeev Kumar

DRT4 Oct 2025OA/809/2023

Case brief

AI extract

What is this about?

(Debt Recovery Tribunal allowed Union Bank of India's application under Section 19 RDB Act. The tribunal found the loan and mortgage case proved, ordered recovery of dues with interest, and directed issuance of a Recovery Certificate and attachment/sale of the mortgaged property.

What did the court decide?

Recovery of Rs.36,16,979.88 with interest @9.50% p.a.; joint and several liability enforced; Recovery Certificate issued; properties directed for sale.

Union Bank of India (Andhra Bank) versus Sanjeev Kumar — 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: 809/2023 Date of Institution: 10.04.2023 Date of Decision: 04.10.2025

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Union Bank of India (e-Andhra Bank) having its branches all over India and a branch at Arya Samaj Road, Shimla Pahari Chowk, Hoshiarpur, Punjab.

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……..Applicant

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Vs.

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Sanjeev Kumar s/o Sh. Jasvir Singh, r/o VPO Bassi Purani, Una Road, District Hoshiarpur, Punjab.

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Harpreet Kaur w/o Sh. Sanjeev Kumar, r/o VPO Bassi Purani, Una Road, District Hoshiarpur, Punjab.

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Sharanjit Kumar s/o Sh. Joginder Ram, r/o Village Padori Bibi Di, Tehsil and District Hoshiarpur, Punjab.

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……….Defendants

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Advocates

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Sh. Tejinder Singh proxy counsel for Sh. Ajay Singla, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 30.05.2024 .

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OA for the Recovery of Rs.36,16,979.88p with interest @9.50% per annum with monthly rests from 10.04.2023.

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ORDER

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Union Bank of India has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.36,16,979.88p with interest against Sh. Sanjeev Kumar and others (defendants).

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Bank’s case is that on 30.11.2016, it had granted a Home Loan of Rs.36.00Lacs to defendant Nos. 1 & 2. To secure the loan, Defendant No.1 had mortgaged his property (fully detailed in para No.3A of the application). Defendant No.3 stood as guarantor. The loan was chargeable to interest @9.50% per annum with monthly rests. The defendants had

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duly acknowledged their liability towards the debt on 16.11.2019 & 09.11.2022. On 28.02.2023, a sum of Rs.36,16,979.88p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 23.05.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 30.05.2024, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Ramesh Kumar, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-18.

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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.36.00 Lacs and on 28.02.2023, a sum of Rs.36,16,979.88p was due.

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Accordingly, the application of the bank for the recovery of Rs.36,16,979.88p (Rupees Thirty Six Lacs Sixteen Thousand Nine Hundred Seventy Nine and Paise Eighty Eight Only) with interest @9.50% per annum with monthly rests from 10.04.2023, 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 property fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 06.11.2025, who is directed to distribute the sale proceeds of the mortgaged property as per the provisions of Section 19(20-AB) 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: 04.10.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Union Bank of India (Andhra Bank) v. Sanjeev Kumar

Case brief

What is this about?

What did the court decide?

Union Bank of India (Andhra Bank) v. Sanjeev Kumar

Case brief

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What did the court decide?

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