Allowed

Idbi Bank v. Kirna Devi

DRT24 Aug 2026OA/380/2023

Case brief

AI extract

What is this about?

IDBI Bank Ltd. filed an application under Section 19 of the RDB Act to recover Rs.48,91,518/- plus interest against Kirna Devi, Parkash Kaur, and Ishwar Chand. The DRT-I, Chandigarh, after an ex parte proceeding, allowed the application, declared joint and several liability, and directed recovery via mortgage sale and personal assets.

What did the court decide?

Application allowed for recovery of Rs.48,91,518/- with interest; Recovery Certificate issued; Order for sale of mortgaged land and personal properties directed.

Idbi Bank versus Kirna Devi — 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: 380/2023 Date of Institution: 24.08.2022 Date of Decision: 24.08.2026

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IDBI Bank Ltd. having its branches all over India and a branch at Branch Office at Jawahar Nagar, District Jalandhar, Punjab.

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……..Applicant

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Vs.

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Kirna Devi w/o Sh. Ishwar Chand, r/o H.no. B-70, Preet Nagar, Sodal Road, Jalandhar, Punjab.

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Parkash Kaur w/o Sh. Dev Raj, r/o H.no. B-70, Preet Nagar, Sodal Road, Jalandhar, Punjab.

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Ishwar Chand @Ishwar Chand Sharma s/o Sh. Dev Raj, r/o H.No. B-70, Preet Nagar, Sodal Road, Jalandhar, Punjab.

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……….Defendants

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Advocates

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Sh. Deepal Tamang proxy counsel for Mr. R.S. Badhran, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 07.10.2024 .

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OA for the Recovery of Rs.48,91,518/- with interest @9.25% per annum with half-yearly rests from 24.08.2022.

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ORDER

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IDBI Bank Ltd. has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.48,91,518/- with interest against Smt. Kirna Devi and others (defendants).

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Bank’s case is that on 31.07.2015, it had granted a loan of Rs.35.00 Lacs to defendant Nos. 1 and 2 in the form of K.C.C Limit for agricultural purpose. On 01.09.2020, Bank converted the irregular portion of the K.C.C. Limit into a Term Loan of Rs.2,10,975/-. To secure the loan, Defendant no.1 and 2 had hypothecated crops and mortgaged their land (fully detailed in para No.3A of the application). Defendant

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No.3 stood as guarantor.. The loans were chargeable to interest @9.25% per annum with half-yearly rests. The defendants had duly acknowledged their liability towards the debt on 26.03.2018, 31.03.2018, 04.04.2019 and 29.04.2019. On 25.07.2022, a sum of Rs.48,91,518/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 06.03.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 07.10.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Mrigesh Mehra, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-32.

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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 Rs.35.00 Lacs and on 25.07.2022, a sum of Rs.48,91,518/- was due.

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Accordingly, the application of the bank for the recovery of Rs.48,91,518/- (Rupees Forty Eight Lacs Ninety One Thousand Five Hundred Eighteen Only) with interest @9.25% per annum with halfyearly rests from 24.08.2022, 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.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 25.09.2026.

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A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

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Pronounced in the open Court. (A S Narang) Dated: 24.08.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Idbi Bank v. Kirna Devi

Case brief

What is this about?

What did the court decide?

Idbi Bank v. Kirna Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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