Allowed

Bank of India v. Sh. Kanwar Raj Pal Singh @ Kanwarpal Singh

DRT15 Apr 2026OA/1888/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs.20,44,587/- with interest from a borrower and guarantor who did not appear. The court directed the recovery of dues via sale of mortgaged land and other properties.

What did the court decide?

Recovery of Rs.20,44,587/- with interest @13.25% p.a. from defendants via sale of mortgaged land and other properties.

Bank of India versus Sh. Kanwar Raj Pal Singh @… — Contract and Commercial Disputes | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 1888/2023 Date of Institution: 31.10.2023 Date of Decision: 15.04.2026

¶4

Bank of India having its branches all over India and a branch at Abohar Road, Fazilka, Punjab.

¶5

……..Applicant

¶6

Vs.

¶7

Sh. Kanwar Raj Pal Singh @ Kanwarpal Singh s/o Sh. Gurdas Singh r/o Village Patrewala Tehsil Abohar, District Fazilka, Punjab.

¶8

Sh. Sukhjiwan Singh s/o Sh. Jasvir Singh resident of Village Patrewala Tehsil Abohar, District Fazilka, Punjab.

¶9

……….Defendants

¶10

Advocates

¶11

Sh. Karan Dev Ray proxy counsel for Sh. Sumit Batra, Counsel for the applicant bank. Defendants - ex parte vide order dated 03.09.2025 .

¶12

OA for the Recovery of Rs.20,44,587/- with interest @13.25% per annum with half-yearly rests from 31.10.2023.

¶13

ORDER

¶14

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 Rs.20,44,587/- with interest against Sh. Kanwar Raj Pal Singh @ Kanwarpal Singh and another (defendants).

¶15

Bank’s case is that on 01.07.2015, it had granted K.C.C. Limit of Rs.5.00 Lacs, Term Loan of Rs.10.00 Lacs to defendant No.1 for agricultural purpose. To secure both the loan facilities, Defendant No.1 had mortgaged his agricultural land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor for both the loan facilities vide guarantee agreement dated 10.07.2015, (Exhibit A-12). Both the loans were chargeable to interest @13.25% per annum with

¶16

¶17

half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 23.11.2017, 17.10.2020. On 21.09.2023, a sum of Rs.20,44,587/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶18

On 29.11.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.09.2025, they were proceeded ex parte .

¶19

In order to prove its case, the Bank has placed on record the affidavit of Sh. Ajit Singh Dadwal, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-17.

¶20

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 Rs.15.00 Lacs (Rs.5.00 Lacs in K.C.C. Limit and Rs.10.00 Lacs in AGOD Limit) and on 21.09.2023, a sum of Rs.20,44,587/- was due.

¶21

Accordingly, the application of the bank for the recovery of Rs.20,44,587/- (Rupees Twenty Lacs Forty Four Thousand Five Hundred Eighty Seven Only) i.e. Rs.8,14,343/- in K.C.C. Limit and Rs.12,30,244/- in Term Loan (both facilities) with interest @13.25% per annum with half-yearly rests from 31.10.2023, till the date of payment is hereby allowed with costs. The liability of both the defendants would be joint and several. 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 personal movable and immovable property(ies) of the defendants.

¶22

Pending IAs, if any, stand disposed of.

¶23

Recovery Certificate be issued accordingly.

¶24

¶25

Parties are directed to appear before Recovery Officer on 18.05.2026, 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 . 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: 15.04.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of India v. Sh. Kanwar Raj Pal Singh @ Kanwarpal Singh

Case brief

What is this about?

What did the court decide?

Bank of India v. Sh. Kanwar Raj Pal Singh @ Kanwarpal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bank of Maharashtra versus Nitai Sikdar and Anr.

Sri Soumen Guha versus Icici Bank Limited

Pannalal Khatik Prop Ms Panna Trading Corporation versus Indian Bank

Kotak Mahindra Bank Limited versus M/S Baba Haridas Earthmovers

Ms M S Enterprise And Anr. Proprietor Md Bapi Sk versus Axis Bank

Punjab National Bank versus M/S India Agro Service Centre