Allowed

Kotak Mahindra Bank Limited v. Sh. Inderjit Singh and Others

DRT7 Feb 2026OA/1055/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application by Kotak Mahindra Bank Ltd. against borrowers and guarantors for recovery ofRs.37.63 lakhs. The court awarded simple interest at 8% p.a. and ordered issuance of a Recovery Certificate.

What did the court decide?

Recovery Certificate issued; Defendants liable to pay Rs.37,63,502.86 with simple interest at 8% p.a. Execution proceedings allowed under SARFAESI Act.

Kotak Mahindra Bank Limited versus Sh. Inderjit Singh and Others — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1055/2024

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 22.02.2024

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DATE OF DECISION: 07.02.2026

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Kotak Mahindra Bank Ltd., a corporate body constituted under the Banking Companies Act-V of 1970, having its Registered Office at 27, BKC, C-27, G-Block, Bandra Kurla Complex, Bandra East, Mumbai and having of its Branch Office at SCO No.153-155, Sector 9-C, Chandigarh through its Authorised Officer.

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……..Applicant

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Versus

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Sh. Inderjit Singh S/o Sh. Sher Singh, R/o Village Diagarh, District Patiala, Punjab-147001

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Sh. Sher Singh S/o Sh. Kartar Singh, R/o H. No. 1, Diyagarh Bhallan, Tehsil Patiala, Punjab-147001

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Sh. Gurpiar Singh s/o Sh. Amarjit Singh, R/o Village Chaswal, Tehsil Nabha, District Patiala, Punjab-147001

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…….Defendants

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Advocates:

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Argued by Sh. Saurav Sihota, Advocate proxy for Sh. Paras Money Goyal, Advocate for the applicant (through VC) Defendants already ex-parte vide order dated 14.01.2026

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs.37,63,502.86 (Rupees Thirty Seven Lacs Sixty Three Thousand Five Hundred Two and Paise Eighty Six Only). The Original Application has been filed through Sh. Munish Sharma, Manager of the applicant who is competent to institute the Original Application vide Board Resolution dated 31.08.2023 which is Annexure A2 to this OA.

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2 OA/1055/2024 KOTAK MAHINDRA BANK LIMITED VS. INDERJIT SINGH AND OTHERS

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The brief facts of the OA are that the defendant nos.1 & 2 approached the applicant for the grant of KCC Limit of Rs.30.00 Lacs vide loan application dated 17.09.2012. Defendant 3 stood as guarantor. 3. The applicant sanctioned KCC Limit of Rs.28.00 Lacs vide Credit arrangement letter dated 06.10.2012, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants.

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Defendant no. 2 mortgaged his immovable property i.e. Land measuring 36K-00M (4.50 Acres) situated at Village Diagrah, Tehsil and District Patiala, Punjab vide Mortgage Deed bearing vasika no. 10507 dated 11.10.2012, which is Annexure A12 to this OA. Documents executed: Amalgamation Order dated 01.04.2015, which is Annexure A1 to this OA; Agreement BI, DPN, Take Delivery Letter, Hypothecation Agreement, Guarantee Bond, Consent Letter by Borrower, Consent Letter by Guarantor, Undertaking cum letter of authorization for insuring crop and other moveable assets, all dated 06.10.2012, which are Annexures A4 to A11 to this OA; Legal Notice dated 05.01.2024, along with postal receipts dated 06.01.2024, which are Annexures A13 to A16 to this OA; Statement of Account, certificate and Interest Chart, which are Annexure A17 to A19 to this OA. 5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.37,63,502.86 which is recoverable and the defendants were served recall notices but he did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 14.01.2026.

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3 OA/1055/2024 KOTAK MAHINDRA BANK LIMITED VS. INDERJIT SINGH AND OTHERS

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In support of the OA, affidavit of Sh. Munish Sharma, Manager, Kotak Mahindra Bank has been filed.

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Heard ex-parte arguments and perused record.

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It was argued by learned proxy counsel through video conferencing 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 A19 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.37,63,502.86 (Rupees Thirty Seven Lacs Sixty Three Thousand Five Hundred Two and Paise Eighty Six Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the accounts. 10. In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12% p.a. with monthly rests from 08.11.2023 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/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 @8.00%p.a. the loan account from the date of filing of the OA till

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4 OA/1055/2024 KOTAK MAHINDRA BANK LIMITED VS. INDERJIT SINGH AND OTHERS

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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.37,63,502.86 (Rupees Thirty Seven Lacs Sixty Three Thousand Five Hundred Two and Paise Eighty Six Only), jointly and severally, with costs, current and future simple interest @8.00%p.a. in the loan account 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 assets/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 applicant 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. 12. Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 19.02.2026. 15. Copy of this order be given dasti to the applicant 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. Pronounced by me in the open Tribunal. Dated: 07.02.2026

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Kotak Mahindra Bank Limited v. Sh. Inderjit Singh and Others

Case brief

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Kotak Mahindra Bank Limited v. Sh. Inderjit Singh and Others

Case brief

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