Allowed

Idbi Bank v. Daljit Singh

DRT30 Jul 2025OA/995/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 35.15 Lakhs with interest advanced to a borrower and guaranteed by two others. The court proceeded ex parte due to the defendants' non-appearance and ordered their joint and several liability.

What did the court decide?

Recovery of Rs. 35,15,395/- with interest at 10.50% per annum from 25.05.2022; issue of Recovery Certificate; joint and several liability of defendants.

Idbi Bank versus Daljit Singh — 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: 995 of 2022 Date of Institution: 25.05.2022 Date of Decision: 30.07.2025

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IDBI Bank Ltd. having its branches all over India and a branch at Court Road, Amritsar, District Amritsar, Punjab.

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……..Applicant

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Vs.

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Daljit Singh s/o Mohinder Singh s/o Village Bhaini Ram Dayal Tehsil Baba Bakala Sahib, District Amritsar, Punjab.

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Pavittarjit Singh s/o Sh. Dilbagh Singh r/o H.no. 107, Village Bhalojala Tehsil Khandoor Sahib, District Tarn Taran Punjab.

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Sarbjit Singh s/o Mohinder Singh r/o Village Bhaini Ram Dayal, Tehsil Baba Bakala Sahib, District Amritsar, Punjab.

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……….Defendants

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Advocates

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Sh. RS Badhran, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.35,15,395/- with interest @10.50% per annum with half-yearly rests from 25.05.2022.

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ORDER

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IDBI Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.35,15,395/- with interest against Sh. Daljit Singh and others (defendants).

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Bank’s case is that on 29.12.2014, it had granted a loan of Rs.25.00Lacs to Defendant no. 1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant had mortgaged his agricultural land (fully detailed in para no.3A of the application). Defendant nos. 2 and 3 stood as the guarantors. The loan was chargeable to interest @10.50% per annum with half-yearly rests. Defendants had

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duly acknowledged their liability towards the debt on 29.07.2016 and 01.12.2017. On 20.04.2022, a sum of Rs.35,15,395/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 18.06.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 05.12.2023, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Atulaya Mahajan, 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.25.00Lacs and on 20.04.2022, a sum of Rs.35,15,395/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.35,15,395/- (Rupees Thirty Five Lacs Fifteen Thousand Three Hundred and Ninety Five Only) with interest @10.50% per annum with half-yearly rests from 25.05.2022, 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 land fully detailed in para no.3A of the application as well as from the personal movable and immovable property(ies) of the defendants. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 08.09.2025, who is directed to distribute the sale proceeds of the

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mortgaged property(ies) and standing crops 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: 30.07.2025 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Idbi Bank v. Daljit Singh

Case brief

What is this about?

What did the court decide?

Idbi Bank v. Daljit Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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