Allowed

Kotak Mahindra Bank Limited v. Dhalwinder Singh

DRT25 Mar 2026OA/1374/2022

Case brief

AI extract

What is this about?

In an ex parte application under Section 19 of the RDB Act, Kotak Mahindra Bank sought recovery of Rs.27,21,411.48p. The DRT admitted the loan amount, confirmed the due date, and allowed the application for recovery with costs, issuing a Recovery Certificate.

What did the court decide?

Recovery of Rs.27,21,411.48p with interest allowed; Recovery Certificate issued; proceedings directed to Recovery Officer on 04.05.2026.

Kotak Mahindra Bank Limited versus Dhalwinder Singh — Contract and Commercial Disputes | 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: 1374 of 2022 Date of Institution: 30.12.2021 Date of Decision: 25.03.2026

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Kotak Mahindra Bank having its branches all over India and a branch at SCO153-154-155, Sector 9C, Chandigarh.

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……..Applicant

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Vs.

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Dhalwinder Singh r/o H.no. 35, Village Khijarpur, Tehsil Jalandhar, District Kapurthala, Punjab.

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Jinder Singh @ Shinder Singh r/o H.no. 35, Village Khijarpur, Tehsil Jalandhar, District Kapurthala, Punjab.

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Yadwinder Singh s/o Sh. Fauja Singh r/o Village Khijarpur, Tehsil Jalandhar, District Kapurthala, Punjab.

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Majit Kaur w/o Sh. Jinder Singh r/o H.no. 35, Village Khijarpur, Tehsil Jalandhar, District Kapurthala, Punjab.

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……….Defendants

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Advocates

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Sh. Paras Money Goyal, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.27,21,411.48p with interest @12% per annum with half-yearly rests from 30.12.2021.

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ORDER

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Kotak Mahindra Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.27,21,411.48p with interest against Sh. Dhalwinder Singh and others (defendants).

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Bank’s case is that on 23.02.2012, it had granted a loan of Rs.20.00Lacs to defendant nos. 1 and 2 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant no. 1 had mortgaged his land (fully detailed in para No.5v of the application). Defendant nos. 3 and 4 stood as the guarantors. The loan was chargeable to interest

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@12% per annum with half-yearly rests. On 06.10.2021, a sum of Rs.27,21,411.48p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 08.08.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 12.08.2025, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Munish Sharma, Authorised Officer along with the loan and security documents and marked them as Exhibit A-1 to A-22.

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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 Rs20.00Lacs and on 06.10.2021, a sum of Rs.27,21,411.48p was due. 6. Accordingly, the application of the bank for the recovery of Rs.27,21,411.48p (Rupees Twenty Seven Lacs Twenty One Thousand Four Hundred Eleven and Forty Eight Paise Only) with interest @12% per annum with half-yearly rests from 30.12.2021, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.5v of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 04.05.2026, who is directed to distribute the sale proceeds of the

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mortgaged property(ies) 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: 25.03.2026 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Kotak Mahindra Bank Limited v. Dhalwinder Singh

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Dhalwinder Singh

Case brief

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What did the court decide?

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