Allowed

Yes Bank Ltd. v. Bupinder Singh Alias Bhinder Singh and Others

DRT15 Sept 2025OA/933/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by Yes Bank Ltd. for recovery of dues. The court confirmed the loan breach and liability, granting a uniform interest rate and ordering recovery from mortgaged or personal assets under SARFAESI provisions.

What did the court decide?

Defendants liable to pay principal of Rs.25,28,457.89 with interest @08% p.a.; recovery via sale of mortgaged/personal assets and issue of Recovery Certificate.

Yes Bank Ltd. versus Bupinder Singh Alias Bhinder… — Contract and Commercial Disputes | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.933/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 26.06.2025

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DATE OF DECISION: 15.09.2025

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Yes Bank Ltd. Registered Office at Yes Bank House, Off Western Express Highway, Santacurz(E) Mumbai – 400055 and Northern Regional Corporate Office at SCO 129-130, Madhya Marg, Sector-9 C, Chandigarh having its branch office at Patran, District Patiala, Punjab through its Attorney holder Sh. Aashiv Bhayana.

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……..Applicant

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Versus

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Sh. Bhupinder Singh @Bhinder Singh S/o Sh. Hardev Singh R/o Village Hamjheri, Diyal Nagar, Hamjheri, Patran, Patiala, Punjab

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-147105.

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Smt. Jaspreet Kaur W/o Sh. Gurbhej Singh R/o H. No. 122, Hamjheri, Patran, Patiala, Punjab -147105.

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Sh. Gurbhej Singh S/o Sh. Bupinder Singh R/o Vilage Hamjheri, Diyal Nagar, Hamjheri, Patran, Patiala, Punjab- 147105.

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Sh. Harvinder Singh Sidhu S/o Sh. Hardev Singh R/o Vilage Hamjheri, Diyal Nagar, Hamjheri, Patran, Patiala, Punjab147105.

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….……Defendants

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Advocates:

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Argued by Sh. Amit Rishi, 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 bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs.25,28,457.89p (Rupees Twenty Five Lacs Twenty Eight Thousand Four Hundred Fifty Seven and Paise Eighty Nine Only). The Original Application has

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been filed through Sh. Aashiv Bhayana, Authorized Representative o f

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2 OA NO. 933/2025 YES BANK LTD. VS. SH. BHUPINDER SINGH @BHINDER SINGH AND OTHERS

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the applicant, who is competent to institute the Original Application vide Power of Attorney dated 28.03.2025, which is Annexure A1 to this OA.

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The brief facts of the OA that the defendants had approached the applicant for the grant of KCC Limit of Rs.3.00 Lacs and Overdraft of Rs. 19.00 Lacs, vide Application Form dated 14.03.2022, which is Annexure A2 to this OA.

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The applicant Bank sanctioned KCC Limit of Rs.3.00 Lacs and Overdraft of Rs. 16.70 Lacs vide Sanction Letter dated 22.03.2022 and addendum to sanction letter dated 24.03.2022, which are Annexures A3 and A4 to this OA and the terms and conditions were duly accepted by the defendants.

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Defendant no. 1 had mortgaged his immovable properties i.e. Total Land measuring 49Kanal-19Marla (6.24 Acres)

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(a) Land measuring 43K-11M situated at Village Sailwala, Tehsil Patran, District Patiala.

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(b) Land measuring 6K-8M situated at Village Haryayu Khurd, Tehsil Patran, District Patiala.

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Both vide Declaration u/s 4(1) Punjab Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act 1978 along with letter to Sub-Registrar dated 22.03.2022 for creation of charge and bearing rapat no. 425 dated 28.03.2022, which is Annexure A7 to this OA. Documents executed :- Agreement for Cash Credit/Overdraft Facility- cum-Hypothecation-cum-Guarantee for OD and Agreement for Cash Credit/Overdraft Facility-cum-Hypothecation-cum-Guarantee for CC, both dated 22.03.2022, which are Annexures A5 & A6 to this OA; Demand Notice dated 11.06.2025, along with Postal Receipt, which is Annexure A8 to this OA and Statement of Accounts (Overdraft) and Statement of Account (KCC) along with Certificate under Banker’s Book of Evidence, which are Annexures A9 & A10 to this OA.

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3 OA NO. 933/2025 YES BANK LTD. VS. SH. BHUPINDER SINGH @BHINDER SINGH AND OTHERS

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The loan accounts became irregular and was classified as NPA and after adjusting debit and credit entries in loan accounts there was a debit of Rs.25,28,457.89p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant bank 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 was proceeded ex-parte on 03.09.2025.

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In support of the OA, affidavit of Sh. Aashiv Bhayana, Authorized Representative, Yes Bank Limited h as been filed.

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Heard ex-parte arguments and perused record.

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It was argued by learned 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 A10 to this OA, it is proved that the defendants approached applicant for availing of the loan facilities which were granted to them and for that tehy 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, accounts of the defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.25,28,457.89p (Rupees Twenty Five Lacs Twenty Eight Thousand Four Hundred Fifty Seven and Paise Eighty Nine Only) along with interest from the defendants, from the date of filing of the present Original Application till realization of the accounts.

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In so far as pendente lite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest

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4 OA NO. 933/2025 YES BANK LTD. VS. SH. BHUPINDER SINGH @BHINDER SINGH AND OTHERS

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@10.30% p.a. in OD account and @7% p.a. in KCC account with half yearly rests from 01.04.2025 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 both the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.25,28,457.89p (Rupees Twenty Five Lacs Twenty Eight Thousand Four Hundred Fifty Seven and Paise Eighty Nine Only) with costs, current and future simple interest @08.00%p.a. in both the loan accounts 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 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 06.10.2025.

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5 OA NO. 933/2025 YES BANK LTD. VS. SH. BHUPINDER SINGH @BHINDER SINGH AND OTHERS

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Copy of this order be given Dasti to the applicant bank 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: 15.09.2025

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(MRIDULESH KUMAR SINGH)

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Presiding Officer, DRT-III, Chandigarh

Yes Bank Ltd. v. Bupinder Singh Alias Bhinder Singh and Others

Case brief

What is this about?

What did the court decide?

Yes Bank Ltd. v. Bupinder Singh Alias Bhinder Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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