Allowed

State Bank of India v. Sh. Jaswant Singh

DRT26 May 2026OA/1762/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant's original application against the defendant for recovery of a term loan amount of Rs. 22,37,503.00 along with interest and costs, granting a pendente lite interest rate of 8% p.a. and directing issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 22,37,503.00 plus current and future simple interest at 8% p.a. from filing date till realization, along with issuance of Recovery Certificate.

State Bank of India versus Sh. Jaswant Singh — Execution and Attachment | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO. 1762/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 19.12.2025

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DATE OF DECISION: 26.05.2026

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State Bank of India, a Body Corporate constituted under the State Bank of India Act, 1955 having its Central Office at Madame Cama Road, Nariman Point, Mumbai and having one of its Local Head Offices at Sector 17, Chandigarh having Branches at different places and one of its AMCC Branch at Nabha, District Patiala, Punjab through its Chief Manager, Sh. Jatinder Kumar Salaria

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……..Applicant

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Versus

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Sh. Jaswant Singh, S/o Sh. Sadha Ram Singh, R/o Village Gobindgarh Chhanna, Tehsil and District Patiala, Punjab- 147202

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….……Defendant

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Advocates:

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Argued by Sh. Aseem Kataria, Advocate for applicant

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None for defendant (already ex-parte vide order dated 16.02.2026)

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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. 22,37,503.00 (Rupees Twenty Two Lacs Thirty Seven Thousand Five Hundred Three Only). The Original Application has been filed through Sh. Jatinder Kumar Salaria, Chief Manager o f the applicant, who is competent to institute the Original Application under the terms of Gazette Notifications published in the Gazette of India dated 26.09.1959, 26.08.1972 and 27.03.1987 under Regulation nos. 76 and 77 of State Bank of India Regulations framed in exercise of the powers conferred by sub-section 3 of Section 50 of the State Bank of India Act, 1955 vide Gazette Notification dated 02.05.1987, which is Annexure A1 to this OA.

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2 OA/ 1762/2025 STATE BANK OF INDIA VS. JASWANT SINGH

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The brief facts of the OA are that the defendant approached the applicant for the grant of Term Loan of Rs. 22.50 Lacs vide Loan Application dated 03.07.2024, which is Annexure A2 to this OA. 3. The applicant sanctioned Term Loan of Rs. 22.50 Lacs vide Letter of Arrangement dated 08.08.2024, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendant.

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Defendant hypothecated his movable asset namely Harvester Snehal Preet 916 bearing Registration no. PB11DH5038, Engine no. RNHM405271 and Chassis no. SHEHAL916G2024009 vide Tax Invoice dated 16.08.2024, which is Annexure A5 to this OA and RC filed on 22.05.2026 in compliance of order dated 13.04.2026. Documents executed: Hypothecation Agreement dated 08.08.2024, which is Annexure A4 to this OA; Sale Certificate and Insurance Policy, both dated 16.08.2024, which are Annexure A6 and A7 to this OA; Legal Notice dated 04.12.2025, which is Annexure A8 to this OA and Statement of Account, which is Annexure A9 to this OA.

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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. 22,37,503.00 which is recoverable and the defendant was served recall notice but he did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendant was served summons to appear before this Tribunal but no one appeared on behalf of defendant and he was proceeded ex-parte vide order dated 16.02.2026.

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In support of the OA, affidavit of Sh. Jatinder Kumar Salaria, Chief Manager, State Bank of India h as been filed. 8. Heard ex-parte arguments and perused record. 9. It was argued by learned counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case.

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From the perusal of all the Annexure A1 to A9 t o this OA, it is proved that the defendant approached applicant for availing of the loan

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3 OA/ 1762/2025 STATE BANK OF INDIA VS. JASWANT SINGH

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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. 22,37,503.00 (Rupees Twenty Two Lacs Thirty Seven Thousand Five Hundred Three Only) along with interest from the defendant, from the date of filing of the present Original Application till realization of the amount.

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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. plus penal interest @2% p.a. with monthly rests from filing of OA 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 hypothecated asset, 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 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.22,37,503.00 (Rupees Twenty Two Lacs Thirty Seven Thousand Five Hundred Three 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 asset 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

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OA/ 1762/2025 STATE BANK OF INDIA VS. JASWANT SINGH

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defendant. The applicant is at liberty to enforce the claim through due process of law.

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Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 17.06.2026.

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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.

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Pronounced by me in the open Tribunal .

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Dated: 26.05.2026

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

State Bank of India v. Sh. Jaswant Singh

Case brief

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State Bank of India v. Sh. Jaswant Singh

Case brief

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