Allowed

Kotak Mahindra Bank Limited v. Smt Rapinder Kaur

DRT25 Mar 2026OA/304/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's application under Section 19 of the RDB Act for recovery of ₹77,01,014/- with interest, directing joint and several liability of defendants and issuance of a recovery certificate for sale of mortgaged property.

What did the court decide?

Recovery of ₹77,01,014/- with interest allowed; joint and several liability of defendants; issuance of Recovery Certificate.

Kotak Mahindra Bank Limited versus Smt Rapinder Kaur — Contract and Commercial Disputes | 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: 304 of 2022 Date of Institution: 19.10.2020 Date of Decision: 25.03.2026

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Kotak Mahindra Bank having its branches all over India and a branch at SCO153-155, Sector-9C, Chandigarh.

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……..Applicant

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Vs.

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Smt. Rapinder Kaur w/o Sh. Harminder Singh s/o Sh. Surjan Singh r/o H.no.84, Village Misharpur, Tehsil Batala, District Gurdaspur, Punjab.

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Sh. Harminder Singh S/O Surjan Singh r/o Missapura, Gurdapur, Batala, Punjab.

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Sh. Sarbdiyal Singh s/o Sh. Jaswinder Singh r/o H.no.140, Village Misharpur, Tehsil Batala, District Gurdaspur, Punjab.

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……….Defendants

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Advocates

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Sh. Sukhvinder Singh, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of ₹77,01,014/- with interest @12% per annum with half-yearly rests from 19.10.2020.

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ORDER

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Kotak Mahindra Bank (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹77,01,014/- with interest against Smt. Rapinder Kaur and others (defendants).

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Bank’s case is that on 25.03.2014, it had granted a loan of ₹60.00Lacs to defendant nos. 1 and 2 in the form of K.C.C. Limit for agricultural purpose. To secure the loan, Defendant nos.1 and 2 had mortgaged their agricultural land (fully detailed in para No.3A of the application). Defendant no.3 stood as the guarantor. The loan was

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chargeable to interest @12% per annum with half-yearly rests. On 24.06.2020, a sum of ₹77,01,014/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 27.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 02.02.2026, they were proceeded ex parte .

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4. In order to prove its case, the Bank has placed on record the
affidavit of Mr. Munish Sharma, Manager along with the loan and
security documents and marked them as Exhibit A-1 to A-16.
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
₹60.00Lacs and on 24.06.2020, a sum of ₹77,01,014/- was due.
6. Accordingly, the application of the bank for the recovery of
₹77,01,014/- (Rupees Seventy Seven Lacs One Thousand and Fourteen
Only) with interest @12% per annum with half-yearly rests from
19.10.2020, 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
04.05.2026,who is directed to distribute the sale proceeds of the

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mortgaged property(ies) 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 parties. Pronounced in the open Court. (A S Narang) Dated: 25.03.2026 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Kotak Mahindra Bank Limited v. Smt Rapinder Kaur

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Smt Rapinder Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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