Allowed

Bank of India v. Sh Balwinder Singh

DRT22 Jan 2026OA/2042/2022

Case brief

AI extract

What is this about?

The DRT allowed the Bank of India's application to recover Rs.23,10,178/- with interest from the borrower and guarantor. The court validated the loan details, dismissed the defendants' absence, and ordered a recovery certificate with directions to the recovery officer for sale of mortgaged assets.

What did the court decide?

Recovery of Rs.23,10,178/- with interest from defendants jointly and severally; Recovery Certificate issued; Disposal of RTA to Recovery Officer on 25.02.2026.

Bank of India versus Sh Balwinder Singh — Execution and Attachment | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 2042/2022

¶4

Date of Institution: 03.10.2022 Date of Decision: 22.01.2026

¶5

Bank of India having its branches all over India and a branch at Maur Mandi, District Bathinda, Punjab.

¶6

……..Applicant Vs.

¶7

Sh. Balwinder Singh s/o Sh. Jawahar Singh, r/o 237, Near Sua, Kisangarh alias Chinarthal, Tehsil Maur, District Bathinda, Punjab.

¶8

Sh. Sukhvir Singh s/o Sh. Sham Singh, r/o Village Chinarthal, Tehsil Maur, District Bathinda, Punjab.

¶9

……….Defendants

¶10

Advocates

¶11

Sh. R.V. Mehra through VC, Counsel for the applicant bank. Defendants - ex parte vide order dated 22.05.2024 .

¶12

OA for the Recovery of Rs.23,10,178/- with interest @11.80% per annum with half-yearly rests from 03.10.2022.

¶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.23,10,178/- with interest against Sh. Balwinder Singh and another (defendants).

¶15

Bank’s case is that on 18.02.2014, it had granted K.C.C. Limit of Rs.5.00 Lacs, OD Limit of Rs.5.00 Lacs to defendant No.1 for agricultural purpose. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide guarantee agreements. The loan was chargeable to interest @11.80% per annum with half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 24.08.2016 and 21.08.2019. On 18.08.2022, a sum of Rs.23,10,178/- was

¶16

¶17

due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 03.11.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 22.05.2024, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Mohit Badyal, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-34.
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 loan of Rs.10.00 Lacs and on 18.08.2022, a sum of Rs.23,10,178/- was due.
6. Accordingly, the application of the bank for the recovery of
Rs.23,10,178/- (Rupees Twenty Three Lacs Ten Thousand One Hundred Seventy Eight Only) with interest @11.80% per annum with half-yearly rests from 03.10.2022, 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.3A of the application as well as from the personal movable and
immovable property(ies) of the defendants.
7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on
25.02.2026,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.

¶18

¶19

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: 22.01.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of India v. Sh Balwinder Singh

Case brief

What is this about?

What did the court decide?

Bank of India v. Sh Balwinder 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

Central Bank of India versus MD Rafikul Islam and Anr.

Punjab National Bank versus Oly Pramanik

Bank of Baroda versus M/s S.K. Enterprises

Indian Bank versus Mrs Sonal Rathi Proprietor of M/S Rathi Commodities and Ors.

Idbi Bank versus M/s Rahul Electric

Bank of India versus M/s Humara Pump Ram Janki