Allowed

Punjab National Bank v. Sh. Harwinder Singh (Deceased)

DRT19 Mar 2026OA/1859/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application under Section 19 of the RDB Act for recovery of ₹29.37 lakhs with interest against the legal representatives of the deceased borrower, permitting recovery through the sale of mortgaged land and inherited property.

What did the court decide?

Recovery of ₹29,37,132 with interest at 11.50% per annum from 28.10.2023; issue of Recovery Certificate; sale of mortgaged land and inherited property.

Punjab National Bank versus Sh. Harwinder Singh (Deceased) — Banking and Recovery | 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: 1859/2023 Date of Institution: 28.10.2023 Date of Decision: 19.03.2026

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Punjab National Bank having its branches all over India and a branch at Village Dhianpur, District Gurdaspur, Punjab.

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……..Applicant Vs.

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Sh. Harwinder Singh (Deceased) S/O Sh. Karnail Singh, Through his LRs:

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i) Mrs. Harwinder Kaur W/O Late Sh. Harwinder Singh ii) Mr. Jaspal Singh S/O Late Sh. Harwinder Singh iii) Mr. Gurbir Singh S/O Late Sh. Harwinder Singh All Above: R/O Village Kotli Surat Malhi, Tehsil Dera Baba Nanak, District Gurdaspur, Punjab.

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……….Defendant

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Advocates Ms. Ritika Kansal proxy counsel for Sh. S.N. Sharma, Counsel for the applicant bank. Defendant- ex parte vide order dated 24.07.2024 . OA for the Recovery of ₹29,37,132/- with interest @11.50% per annum with half-yearly rests from 28.10.2023.

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ORDER

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Punjab National Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹29,37,132/- with interest against Sh. Harwinder Singh since deceased through his LRs (defendants).

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Bank’s case is that on 12.08.2016, it had granted a loan of ₹20.00Lacs to defendant i.e. Sh. Harwinder Singh (since deceased now represented through his LRs) in the form of K.C.C Limit for agricultural

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purpose. To secure the loan, Defendant i.e. Sh. Harwinder Singh had mortgaged his land (fully detailed in para No.3A of the application). The loan was chargeable to interest @11.50% per annum with half-yearly rests. Defendant had duly acknowledged his liability towards the debt on 11.06.2019 and 02.06.2022. On 12.08.2023, a sum of ₹29,37,132/- was due from the defendant. Despite repeated requests, defendant did not make the repayment. Hence, this application.

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On 17.11.2023, summons was sent to the defendant by registered post, which was duly served. However, defendant did not put in appearance. Vide order dated 24.07.2024, he was proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Rohit Kumar, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-14.

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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 ₹20.00 Lacs and on 12.08.2023, a sum of ₹29,37,132/- was due.

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Accordingly, the application of the bank for the recovery of ₹29,37,132/- (Rupees Twenty Nine Lacs Thirty Seven Thousand One Hundred Thirty Two Only) with interest @11.50% per annum with halfyearly rests from 28.10.2023, till the date of payment is hereby allowed with costs. The liability of legal heirs of the deceased defendant would be limited upto the extent of the property inherited by them from Sh. Harwinder Singh. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A of the application as well as from the property inherited by the legal heirs from the deceased defendant i.e. Sh. Harwinder Singh.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Party is directed to appear before Recovery Officer on 28.04.2026, who is directed to distribute the sale proceeds of the mortgaged land 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 party.

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Pronounced in the open Court. (A S Narang) Dated: 19.03.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Punjab National Bank v. Sh. Harwinder Singh (Deceased)

Case brief

What is this about?

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Punjab National Bank v. Sh. Harwinder Singh (Deceased)

Case brief

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What did the court decide?

What the court decided

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