The Tribunal allowed the applicant's original application for recovery of Rs.27,88,017.00 granted ex-parte. The bank is ordered to receive a recovery certificate against hypothecated and personal assets of the defendants, with interest at 08% p.a.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ORIGINAL APPLICATION NO.854/2022
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 30.03.2022
DATE OF DECISION: 25.11.2025
State Bank of India, a Body Corporate Constituted under the State Bank of India, Act 1955 and having Central office at Madam Cama Road, Nariman Point, Mumbai and one of its Local Head Office at Sector-17-A, Chandigarh and one of its branch at Kot Ise Khan, Moga, Punjab through its Branch Manager Sh. Deepak Yadav.
……..Applicant Versus
………Defendants
Advocates:
Argued by: Ms. Seerat Sharma, Advocate proxy for Sh. Pankaj Beri, Advocate for Applicant
Defendants already ex parte
FINAL ORDER
2 OA NO.854/2022 STATE BANK OF INDIA VS GURSHARANPREET SINGH SANDHU AND ANOTHER
the State Bank of India Act, 1955, with the previous sanction of the Central Government.
3 OA NO.854/2022 STATE BANK OF INDIA VS GURSHARANPREET SINGH SANDHU AND ANOTHER
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/hypothecated assets, 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.
4
OA NO.854/2022 STATE BANK OF INDIA VS GURSHARANPREET SINGH SANDHU AND ANOTHER
(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh
2 issues framed by the court
Whether the applicant is entitled to recovery certificate and amount from the defendants as they failed to repay the sanctioned loan.
Whether the claim should be allowed to adjust the debit entries against hypothecated assets and personal assets of the defendants.
2 provisions across 2 enactments
State Bank of India
Gursharanpreet Singh Sandhu
Davinder Singh
MRIDULESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
