Allowed

Union Bank of India v. Sh. Jatinder Singh Tiwana

DRT19 Feb 2026OA/1253/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant's original application under Section 19 RDB Act, 1993, decreeing recovery of Rs. 22,34,301.48. The tribunal granted a uniform simple interest rate of 8% p.a. from the filing date and ordered the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 22,34,301.48 plus costs and simple interest at 8% p.a. Recovery Certificate issued; enforcement via SARFAESI Act permitted.

Union Bank of India versus Sh. Jatinder Singh Tiwana — Contract and Commercial Disputes | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1253/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 30.08.2025

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DATE OF DECISION: 19.02.2026

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Union Bank of India, a body Corporate constituted under the Banking Companies (Acquisition and Transfers of Undertakings) Act no. V of 1970 having its Head Office at Union Bank Bhavan,239, Vidhan Bhavan Marg, Nariman Point, Mumbai and one of the Branch amongst other

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places at Bhadson, Tehsil Nabha, District Patiala through its General

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Power of Attorney Cum Branch Manager Sh. Manpreet Singh.

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……..Applicant

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Versus

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Sh. Jatinder Singh Tiwana S/o of Sh. Sukhdev Singh R/o Village Raimal Majri, Tehsil Nabha, District Patiala-147202.

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….……Defendant

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Advocates:

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Argued by Sh. Sumant Kumar, Advocate proxy for Sh. Abhineet Taneja, Advocate for Applicant (through VC)

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Defendant already ex-parte vide order dated 08.01.2026

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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. 22,34,301.48 (Rupees Twenty Two Lacs Thiry Four Thousand Three Hundred One and Paise Forty Eight Only). The Original Application has been filed through Sh. Manpreet Singh, Branch Manager of the applicant, who is competent to institute the Original Application vide Power of Attorney dated 24.01.2025, which is Annexure A1 to this OA.

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The brief facts of the OA that the defendant approached the applicant for the grant of Term Loan of Rs.23.00 Lacs for purchase of Combine Harvester vide Loan Application dated 28.03.2024, which is Annexure A2 to this OA.

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2 OA/1253/2025 UNION BANK OF INDIA VS. JATINDER SINGH TIWANA

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The applicant sanctioned the Term Loan of Rs. 23.00 Lacs vide Sanction Letter dated 28.03.2024, which is Annexure A3 to this OA and terms and conditions were duly accepted by defendant. 4. Defendant hypothecated Combine Harvester Make: Channy Agro Industries, Model: CHANNY 930, bearing Registration No. PB11DG1321, Engine No. RNHM104577, Chassis No. CAI930C024089 vide Hypothecation Agreement (for Agricultural Advances) and Hypothecation (Vehicles) Agreement, both dated 28.03.2024, which are Annexures A4 and A5 to this OA; Registration Certificate of Combine Harvester, is Annexure A8 to this OA. Documents executed: General Term Loan Agreement, DP Note along with Letter of Continuity, both dated 28.03.2024, which are Annexures A6 and A7 to this OA; Legal Notice dated 01.02.2025, which is Annexure A9 to this OA; Statement of Account with Certificate, which is Annexure A10 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. 22,34,301.48, 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 08.01.2026. 7. In support of the OA, affidavit of Sh. Manpreet Singh, Branch Manager, Union Bank of India has been filed. 8. Heard ex-parte arguments and perused record. 9. It was argued by 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 A10 to this OA, it is proved that the defendant approached applicant for availing of the loan facility which

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3 OA/1253/2025 UNION BANK OF INDIA VS. JATINDER SINGH TIWANA

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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.22,34,301.48 (Rupees Twenty Two Lacs Thiry Four Thousand Three Hundred One and Paise Forty Eight 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 pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @9.00%p.a. with half yearly rests from 01.07.2025 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 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 Rs.22,34,301.48 (Rupees Twenty Two Lacs Thiry Four Thousand Three Hundred One and Paise Forty Eight 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 vehicle of the defendant in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the

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OA/1253/2025 UNION BANK OF INDIA VS. JATINDER SINGH TIWANA

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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 07.03.2026. 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: 19.02.2026. (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Union Bank of India v. Sh. Jatinder Singh Tiwana

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Union Bank of India v. Sh. Jatinder Singh Tiwana

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