Allowed

Kotak Mahindra Bank Limited v. Sh. Avtar Singh

DRT25 Aug 2026OA/1020/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Kotak Mahindra Bank for the recovery of Rs.28,45,153.06 with interest against four respondents, who were bare faced and proceeded ex parte. The court directed the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs.28,45,153.06/- with interest @12% p.a. allowed; Recovery Certificate to be issued; Joint and several liability of all defendants.

Kotak Mahindra Bank Limited versus Sh. Avtar Singh — Execution and Attachment | DRT (2026)

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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: 1020/2025 Date of Institution: 22.06.2025 Date of Decision: 25.08.2026

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Kotak Mahindra Bank, B/u Nijjar Market, Village Meharbanpur, Amritsar-143115 & Landran Road, Khasra No.678, Sohana, Mohali140308.

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...Applicant Vs.

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Sh. Avtar Singh S/o Buta Singh Village Kot Sidhu, Tehsil Ajnala, District Amritsar-143102.

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Smt. Rajbir Kaur W/o Harjit Singh, H.No.52, Village Kot Sidhu, Tehsil Ajnala, District Amritsar-143102.

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Sh. Sarvan Singh S/o Darshan Singh Village Kot Sidhu, Tehsil Ajnala, District Amritsar-143102.

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Sh. Harjit Singh S/o Avtar Singh Village Kot Sidhu, Tehsil Ajnala, District Amritsar-143102.

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...Defendants

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Advocates

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Sh. Rehan Chaudhary, Counsel for the applicant bank. Defendants – ex parte .

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OA for the Recovery of Rs.28,45,153.06/- with interest @12% per annum with yearly rests from 22.06.2025.

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ORDER

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On 22.06.2025, Kotak Mahindra Bank filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.28,45,153.06/- with interest against Sh. Avtar Singh and others (defendants).

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Defendant Nos.1 and 2 are the borrowers and the defendant Nos. 3 and 4 are the guarantors. Bank’s case is that on 22.01.2016, it had granted a K.C.C. Limit of Rs.8,61,000/- and a Term Loan of Rs.2,21,000/- to defendant Nos.1 and 2 for agricultural purpose. To secure the limits, defendant Nos.1 had hypothecated his assets (fully

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detailed in Hypothecation Agreement Annexure A-4) and mortgaged his agricultural land measuring 38 Kanals and 12 Marlas i.e. 4.82 acres (fully detailed in para No.5(vi) of the application). Defendant Nos.3 and 4 stood as Guarantors for the above facilities vide Guarantee Deed dated 22.01.2016. The loan was chargeable to interest @12% per annum with yearly rests. On 22.06.2025, a sum of Rs.28,45,153.06/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 07.07.2025, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 26.11.2025, 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. Munish Sharma, Senior Manager along with the loan and security documents. 5. 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 a KCC Limit of Rs.8,61,000/- and a Term Loan of Rs.2,21,000/- and on 22.06.2025 a sum of Rs.28,45,153.06/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.28,45,153.06/- (Rupees Twenty-Eight Lacs Forty-Five Thousand One Hundred Fifty-Three and Paise Six Only) with interest @12% per annum with yearly rests from 22.06.2025, 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 hypothecated assets (Hypothecation Agreement is annexed with the application as Annexure A-4) and agricultural land measuring 38 Kanals and 12 Marlas i.e. 4.82

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acres (fully detailed in para No.5(vi) 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 28.09.2026 . 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: 25.08.2026 Presiding Officer DRT-1, Chandigarh

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HARSH

Kotak Mahindra Bank Limited v. Sh. Avtar Singh

Case brief

What is this about?

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Kotak Mahindra Bank Limited v. Sh. Avtar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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