Allowed

Canara Bank v. Sh Avtar Singh

DRT29 Jan 2026OA/106/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed a recovery application filed by Canara Bank against a borrowing defendant and his guarantor. The court held that the bank proved the loan advance and the outstanding debt, ordering joint and several recovery with interest. The sale of mortgaged land and personal property for recovery was directed.

What did the court decide?

Recovery of Rs.24,54,284.50 with interest @11% per annum; issuance of Recovery Certificate; direction to Recover Officer to distribute sale proceeds.

Canara Bank versus Sh Avtar 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: 106/2023

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Date of Institution: 09.12.2022 Date of Decision: 29.01.2026

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Canara Bank having its branches all over India and a branch at Tanda Urmar, District Hoshiarpur, Punjab.

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……..Applicant

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Vs.

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Sh. Avtar Singh s/o Sh. Jaswant Singh, r/o Village Shahbazpur, Post Office Tanda, Tehsil Dasuya, District Hoshiarpur, Punjab.

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Sh. Jaswinder Singh s/o Sh. Malkiat Singh, r/o Village Shahbazpur, Post Office Tanda, Tehsil Dasuya, District Hoshiarpur, Punjab.

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……….Defendants

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Advocates

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Sh. Gaurav Thakur, Counsel for the applicant bank. Defendants - ex parte vide order dated 21.03.2024 .

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OA for the Recovery of Rs.24,54,284.50p with interest @11% per annum with half-yearly rests from 09.12.2022.

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ORDER

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Canara Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.24,54,284.50p with interest against Sh. Avtar Singh and another (defendants).

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Bank’s case is that on 26.06.2019, it had granted a loan of Rs.17.00 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 agricultural land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide guarantee agreement dated 26.06.2019. The loan was chargeable to interest @11% per annum with half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 01.06.2022. On 01.10.2022, a sum of Rs.24,54,284.50p was due from the defendants. Despite repeated

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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 21.03.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Ms. Neeru Attri, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-9. 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 Rs.17.00 Lacs and on 01.10.2022, a sum of Rs.24,54,284.50p was due. 6. Accordingly, the application of the bank for the recovery of Rs.24,54,284.50p (Rupees Twenty Four Lacs Fifty Four Thousand Two Hundred Eighty Four and Paise Fifty Only) with interest @11% per annum with half-yearly rests from 09.12.2022, till the date of payment is hereby allowed with costs. The liability of both 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 05.03.2026, who is directed to distribute the sale proceeds of the mortgaged land 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: 29.01.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Canara Bank v. Sh Avtar Singh

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sh Avtar Singh

Case brief

What is this about?

What did the court decide?

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