Allowed

Union Bank of India v. Kulwinder Singh

DRT25 Aug 2026OA/103/2023

Case brief

AI extract

What is this about?

Union Bank of India filed an original application under Section 19 of the RDB Act to recover ₹37,28,309.79 with interest from a borrower and guarantor who default on an agricultural loan. defendants appeared ex parte. The Presiding Officer found the bank's evidence sufficient and allowed the recovery application.

What did the court decide?

Allowance of application for recovery of ₹37,28,309.79 with interest; issue of Recovery Certificate; liability declared joint and several.

Union Bank of India versus Kulwinder Singh — Banking and Recovery | 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: 103/2023

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Date of Institution: 09.12.2022 Date of Decision: 25.08.2026

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Union Bank of India having its branches all over India and a branch at Adampur Doaba Branch, Main Road, Near Miglani Hospital, Adampur, District Jalandhar, Punjab.

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……..Applicant

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Vs.

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Kulwinder Singh s/o Sh. Darshan Singh, r/o Village and P.O. Pandori Khangura, Tehsil and District Hoshiarpur, Punjab.

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Amarjit Singh s/o Sh. Arjan Singh, r/o Village and P.O. Pandori Khangura, Tehsil and District Hoshiarpur, Punjab.

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……….Defendants

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Advocates

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Ms. K.K. Dogra, Counsel for the applicant bank. Defendants - ex parte vide order dated 28.11.2024 .

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OA for the Recovery of ₹37,28,309.79p with interest @12.75% per annum with yearly rests from 09.12.2022. 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 ₹37,28,309.79p with interest against Sh. Kulwinder Singh and others (defendants).

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Bank’s case is that on 11.07.2013, it had granted a loan of ₹37.00 Lacs to defendant No.1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide deed of guarantee dated 17.07.2013. The loan was chargeable to interest @12.75% per annum with yearly rests. Defendants had duly acknowledged their liability towards the debt on 07.09.2017. On 13.10.2022, a sum of ₹37,28,309.79p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 25.01.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 28.11.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Gurmeet Singh, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-20. 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 the loan of ₹37.00 Lacs and on 13.10.2022, a sum of ₹37,28,309.79p was due. 6. Accordingly, the application of the bank for the recovery of ₹37,28,309.79p (Rupees Thirty Seven Lacs Twenty Eight Thousand Three Hundred Nine and Paise Seventy Nine Only) with interest @12.75% per annum with yearly rests from 09.12.2022, 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.

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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 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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MANOJ KALRA

Union Bank of India v. Kulwinder Singh

Case brief

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Union Bank of India v. Kulwinder Singh

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