Allowed

State Bank of India v. Sh. Sukhdev Singh

DRT26 Feb 2026OA/1125/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by State Bank of India against Sukhdev Singh for recovery of Rs. 29,94,239.00. The Tribunal passed an ex-parte order declaring the defendant liable and granted uniform simple interest at 8% per annum.

What did the court decide?

Recovery of Rs. 29,94,239.00 with simple interest @08.00%p.a. from filing date; issuance of Recovery Certificate.

State Bank of India versus Sh. Sukhdev Singh — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1125/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 05.08.2025

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DATE OF DECISION: 26.02.2026

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State Bank of India, a body corporate constituted under the State Bank of India Act, 1955 having its Corporate Office at Madame Cama Road, Nariman point, Mumbai and having branches all over India and one of its Branch at Kamalpur, District Patiala through its Branch Manager Sh. Maninder Singh.

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……..Applicant Versus Sh. Sukhdev Singh S/o. Sh. Hakam Singh R/o. Village Karhali, Tehsil & District Patiala, Punjab. ….……Defendant Advocates: Argued by Ms. Lovedeep Kaur, Advocate proxy for Ms. Puja Sharma, Advocate for Applicant Defendant already ex-parte vide 20.01.2026

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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 defendant for recovery of Rs.29,94,239.00 (Rupees Twenty Nine Lacs Ninety Four Thousand Two Hundred Thirty Nine Only). The Original Application has been filed through Maninder Singh , Branch Manager, of the applicant, who is competent to institute the Original Application vide State Bank of India Regulations, which is Annexure A1 to this OA. 2. The brief facts of the OA that the defendant approached the applicant for the grant of KCC Limit of Rs.19.75 Lacs vide Loan Application dated 12.12.2015, along with its translation, which are Annexures A2, A2-T to this OA.

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2 OA/1125/2025 STATE BANK OF INDIA VS. SUKHDEV SINGH

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The applicant sanctioned the KCC Limit of Rs.19.75 Lacs vide Letter of arrangement dated 06.01.2016, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendant. 4. Defendant mortgaged his immovable property i.e. Land measuring 32k-00Marla situated at Village Karhali, Tehsil and District Patiala, Punjab vide Declaration dated 23.12.2015 u/s 4(1) of Punjab Agricultural Credit Operation and Miscellaneous Provisions (Banks) Act 1978, which is Annexure A6 to this OA; Letter to Sub-Registrar for creation of charge bearing mutation vide rapat no. 189 dated 24.12.2015, which is Annexure A5 to this OA. Documents executed: Hypothecation agreement, consent letter, both dated 06.01.2016, which are Annexures A4 & A7 to this OA; Revival letter dated 15.12.2018, 04.12.2021 & 19.11.2024, which is Annexure A8 to this OA; Recall notice dated 03.07.2022, along with its translation, which are Annexure A9 and A9-T to this OA; Legal notice dated 25.06.2024, along with its translation, which are Annexures A10 and A10-T to this OA; Legal Notice dated 25.07.2025, which is Annexure A11 to this OA and Statement of account, which is Annexure A12 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.29,94,239.00 which is recoverable and the defendant was 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 defendant was served notices to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded exparte vide order dated 20.01.2026. 7. In support of the OA, affidavit of Maninder Singh , Branch Manager, State Bank of India, has been filed. 8. Heard ex-parte arguments and perused record.

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3 OA/1125/2025 STATE BANK OF INDIA VS. SUKHDEV SINGH

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It was argued by learned proxy counsel 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 A12 to this OA, it is proved that the defendant approached applicant for availing of the loan facility which was granted to him and for that he had executed all the relevant documents in favour of the bank. The defendant failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendant was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.29,94,239.00 (Rupees Twenty Nine Lacs Ninety Four Thousand Two Hundred Thirty Nine Only) along with interest from the defendant, from the date of filing of the present Original Application till realization of the account.

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In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed [email protected]%p.a. with 2% penal interest and half yearly rest from 25.07.2025 till realization. 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 defendant, 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 @08.00%p.a. in the loan account from the date of filing of the OA till 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 defendant is liable to pay to the applicant a total sum of Rs.29,94,239.00 (Rupees Twenty Nine Lacs Ninety Four Thousand Two Hundred Thirty

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4 OA/1125/2025 STATE BANK OF INDIA VS. SUKHDEV SINGH

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Nine Only) with costs, current and future simple interest @08.00%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 defendant 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 defendant. 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 16.03.2026. 15. Copy of this order be given Dasti to the applicant and be sent to defendant 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: 26.02.2026 (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

State Bank of India v. Sh. Sukhdev Singh

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State Bank of India v. Sh. Sukhdev Singh

Case brief

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