Allowed

Punjab Gramin Bank v. Sh. Dilbagh Singh and Another

DRT1 Aug 2026OA/224/2026

Case brief

AI extract

What is this about?

An applicant, Punjab Gramin Bank, filed an application ex-parte against two defendants for recovery of loan dues of Rs. 22,68,814.50 under RDB Act, 1993. The tribunal allowed the application, granting recovery of the amount along with 8% p.a. simple interest and ordered issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 22,68,814.50, costs, and simple interest @8% p.a. with direction to issue Recovery Certificate.

Punjab Gramin Bank versus Sh. Dilbagh Singh and Another — Specific Performance | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH CAMP COURT AT DISTRICT TARN TARAN, PUNJAB

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ORIGINAL APPLICATION NO.224/2026

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 04.02.2026

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DATE OF DECISION: 01.08.2026

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Punjab Gramin Bank, a body corporate constituted under the Regional Rural Bank Act 1976, Act No 21 of 1976 having its Head Office, at Markfed Road, Kapurthala (Punjab) and having its Branches at different places including one at Branch Office Takhtu Chak Tehsil & District Taran Taran (Punjab) through its Authorized Representative Sh. Pankaj Makkar.

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……..Applicant

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Versus

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Sh. Dilbagh Singh S/o Sh. Suba Singh,

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Smt. Sukhbir Kaur W/o Sh. Suba Singh,

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Both R/o VPO Sarli Kalan, Tehsil & District Tarn Taran.

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…….. Defendants

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Advocates:

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Argued by Sh. Ashutosh Bajpai, Advocate proxy for Sh. Ankit Kaushal, Advocate for the applicant (through VC)

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None for defendants (Already ex-parte vide order dated 23.07.2026)

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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 & Bankruptcy Act 1993, against the defendants for recovery of Rs.22,68,814.50 (Rupees Twenty Two Lacs Sixty Eight Thousand Eight Hundred Fourteen and Paise Fifty Only). The Original Application has been filed through Sh. Pankaj Makkar, Authorized Representative of the applicant, who is competent to institute the Original Application vide Power of Attorney dated 07.12.2020, which is Annexure A1 to this OA.

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The brief facts of the OA are that the defendants approached the applicant for grant of Kisan Credit Card Limit of Rs.10,50,000.00 vide

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2 OA NO.224/2026 PUNJAB GRAMIN BANK VS SH. DILBAGH SINGH AND ANOTHER

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Application Form for Agricultural Credit dated 10.01.2015, which is Annexure A2 to this OA.

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The applicant sanctioned the Kisan Credit Card Limit of Rs.10,50,000.00 vide Sanction Letter dated 30.01.2015, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendants mortgaged their Immovable Property i.e., Land measuring 49 Kanals 5 Marlas situated at Village Hardo Sarli, Tehsil Khadoor Sahib, District Tarn Taran as per Jamabandi for the year 2010-11, vide Declaration u/s 4(1) dated 16.01.2015 along with Request Letter for creation of charge on Land in favour of Bank, which is Annexure A5 to this OA.

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Documents executed: Hypothecation Agreement dated 30.01.2015, which is Annexure A4 to this OA; Balance and Security Confirmation Letters, dated 15.12.2017, 03.01.2020, 05.04.2022, 18.04.20024, which are Annexures A6 to A9 to this OA; Legal Notice dated 03.06.2024, which is Annexure A10 to this OA; Statement of Account, along with certificate, which are Annexures A11 & A12 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 the loan account there was a debit of Rs.22,68,814.50, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendants were served summons to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 23.07.2026. 7. In support of the OA, affidavit of Sh. Pankaj Makkar, Authorized Representative, Punjab Gramin Bank has been filed. 8. Heard ex-parte arguments and perused record.

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3 OA NO.224/2026 PUNJAB GRAMIN BANK VS SH. DILBAGH SINGH AND ANOTHER

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It was argued by learned proxy counsel for applicant through Video Conferencing 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 Annexures A1 to A12 to this OA, it is proved that the defendants approached applicant for availing of loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, loan account was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.22,68,814.50 (Rupees Twenty Two Lacs Sixty Eight Thousand Eight Hundred Fourteen and Paise Fifty Only), along with interest from the defendants, jointly and severally, 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 @12.00%p.a. with yearly rests with penal interest @2%p.a. 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 mortgaged property, undertaking of the defendants, 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 @8.00%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 defendants are liable to pay to the applicant sum of Rs.22,68,814.50

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4 OA NO.224/2026 PUNJAB GRAMIN BANK VS SH. DILBAGH SINGH AND ANOTHER

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(Rupees Twenty Two Lacs Sixty Eight Thousand Eight Hundred Fourteen and Paise Fifty Only), jointly and severally, with costs, current and future simple interest @8.00%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 mortgaged property of the defendants 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 defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of .

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 18.08.2026.

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Copy of this order be given dasti to the applicant and be sent to defendants 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 at Camp Court District Tarn Taran, Punjab . Dated: 01.08.2026

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

Punjab Gramin Bank v. Sh. Dilbagh Singh and Another

Case brief

What is this about?

What did the court decide?

Punjab Gramin Bank v. Sh. Dilbagh Singh and Another

Case brief

What is this about?

What did the court decide?

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