Allowed

Bank of India v. Sh. Hardev Singh

DRT25 Aug 2026OA/1346/2023

Case brief

AI extract

What is this about?

DRT-I, Chandigarh, allowed Bank of India's application under Section 19 RDB Act for recovery of ₹41,87,352/- plus interest against deceased borrower's legal heirs and guarantor, directed sale of mortgaged land, and issued a Recovery Certificate.

What did the court decide?

Recovery of principal and interest ₹41,87,352/-; Recovery Certificate issued; direction to issue proclamation for auction of mortgaged land.

Bank of India versus Sh. Hardev Singh — DRT (2026) — LawSathi Research

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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: 1346/2023 Date of Institution: 21.04.2023 Date of Decision: 25.08.2026

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Bank of India having its branches all over India and a branch at Opposite Sanjeev Cinema, G.T Road, Fazilka, Tehsil and District Fazilka, Punjab.

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……..Applicant Vs.

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Sh. Hardev Singh s/o Sh. Shamir Singh, since deceased survived by following legal heirs:

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1A. Smt. Jagwant Kaur widow of Late Sh. Hardev Singh

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1B. Sh. Amandeep Singh son of Late Sh. Hardev Singh 1C. Ms. Ramandeep Kaur daughter of Hardev Singh All residents of Village Dabwala Kalan, Tehsil and District Fazilka, Punjab.

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Sh. Iqbal Singh s/o Sh. Jagdish Singh, r/o Village Banwala Jand Wala Bhimeshah, Tehsil and District Fazilka, Punjab.

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……….Defendants

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Advocates

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Sh. Seerat Sharma proxy counsel for Sh. Pankaj Beri, Counsel for the applicant bank.

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Defendants- ex parte vide order dated 11.07.2025 .

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OA for the Recovery of ₹41,87,352/- with interest @13.20% per annum with half-yearly rests from 21.04.2023.

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ORDER

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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 ₹41,87,352/- with interest against Sh. Hardev Singh and another (defendants).

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Bank’s case is that on 27.04.2015, it had granted K.C.C Limit of ₹5.00 Lacs and Agricultural Term Loan (A.T.L.) facility of ₹10.00 Lacs aggregating to ₹15.00 Lacs to defendant No.1 (since deceased now

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survived by his legal heirs) for agricultural purpose. To secure both the loan facilities aggregating to ₹15.00 Lacs, Defendant No.1 (now deceased) had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor for both the loan facilities vide Deed of Guarantee dated 06.07.2015. Both the loan facilities were chargeable to interest @13.20% per annum with halfyearly rests. Defendants had duly acknowledged their liability towards the debt on 14.06.2018 and 03.06.2021. On 28.02.2023, a sum of ₹41,87,352/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 21.08.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 11.07.2025, 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. Ved Prakash, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-19. 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 total loan of ₹15.00 Lacs and on 28.02.2023, a sum of ₹41,87,352/- was due. 6. Accordingly, the application of the bank for the recovery of ₹41,87,352/- (Rupees Forty One Lacs Eighty Seven Thousand Three Hundred Fifty Two Only) with interest @13.20% per annum with halfyearly rests from 21.04.2023, till the date of payment is hereby allowed with costs. The liability of the legal heirs of defendant no.1 would be limited up to the extent of the property(ies) inherited by them from the estate of Sh. Hardev Singh and defendant No.2 would be liable for the whole decretal amount being the guarantor. Bank can recover its dues by

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the sale of mortgaged land fully detailed in para No.3A of the application as well as from the personal/inherited movable and immovable property(ies) of the defendants accordingly. 7. 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

Bank of India v. Sh. Hardev Singh

Case brief

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Bank of India v. Sh. Hardev Singh

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