Allowed

Canara Bank v. Gurmail Singh (Since Died)

DRT19 Mar 2026OA/390/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed Canara Bank's application for recovery of ₹20,05,891/- with interest from the legal heirs of the deceased borrower, directing a recovery certificate to be issued.

What did the court decide?

Application allowed; recovery of ₹20,05,891/- with interest directed; Recovery Certificate issued; liability of heirs limited to inherited property; sale of mortgaged land and standing crops ordered.

Canara Bank versus Gurmail Singh (Since Died) — Contract and Commercial Disputes | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 390/2023 Date of Institution: 13.02.2023 Date of Decision: 19.03.2026

¶4

Canara Bank having its branches all over India and a branch at Shahkot, District Jalandhar, Punjab.

¶5

……..Applicant Vs.

¶6

Gurmail Singh (since deceased) s/o Sh. Surjan Singh, r/o Village Raunt, Tehsil Shahkot, District Jalandhar, Punjab, through his legal heirs: -

¶7

i. Gurjit Kaur w/o Sh. Gurmail Singh s/o Sh. Surjan Singh, r/o Village Raunt, Tehsil Shahkot, District Jalandhar, Punjab.

¶8

ii. Talwinder Singh s/o Sh. Gurmail Singh s/o Sh. Surjan Singh, r/o Village Raunt, Tehsil Shahkot, District Jalandhar, Punjab.

¶9

iii. Karanveer Singh s/o Sh. Gurmail Singh s/o Sh. Surjan Singh, r/o Village Raunt, Tehsil Shahkot, District Jalandhar, Punjab.

¶10

iv. Prabjot Kaur d/o Sh. Gurmail Singh s/o Sh. Surjan Singh, r/o Village Raunt, Tehsil Shahkot, District Jalandhar, Punjab.

¶11

……….Defendants

¶12

Advocates

¶13

Sh. Lovish proxy counsel for Sh. Neeraj Madaan, Counsel for the applicant bank.

¶14

Defendants - ex parte vide order dated 22.03.2024 .

¶15

OA for the Recovery of ₹20,05,891/- with interest @7.55% per annum with half-yearly rests from 13.02.2023.

¶16

ORDER

¶17

Canara Bank has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹20,05,891/- with interest against Sh. Gurmail Singh (since died) and others (defendants).

¶18

Bank’s case is that on 10.02.2020, it had granted a loan of ₹16.00 Lacs to defendant i.e. Sh. Gurmail Singh (since deceased now survived

¶19

¶20

through his legal heirs) in the form of K.C.C Limit for agricultural purpose. To secure the loan, Deceased Defendant had mortgaged his land (fully detailed in para No.5.4 of the application). The loan was chargeable to interest @7.55% per annum with half-yearly rests. On 30.09.2022, a sum of ₹20,05,891/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶21

On 09.03.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 22.03.2024, they were proceeded ex parte .

¶22

In order to prove its case, the Bank has placed on record the affidavit of Sh. Rohit Pahwa, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-9.

¶23

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 ₹16.00 Lacs and on 30.09.2022, a sum of ₹20,05,891/- was due. 6. Accordingly, the application of the bank for the recovery of ₹20,05,891/- (Rupees Twenty Lacs Five Thousand Eight Hundred Ninety One Only) with interest @7.55% per annum with half-yearly rests from 13.02.2023, till the date of payment is hereby allowed with costs. The liability of the legal heirs of Sh. Gurmail Singh (now deceased) would be limited upto the extent of the property inherited by them from him. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.5.4 of the application as well as from the movable and immovable property(ies) inherited by the legal heirs from Sh. Gurmail Singh (now deceased).

¶24

¶25

Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 28.04.2026, 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: 19.03.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Canara Bank v. Gurmail Singh (Since Died)

Case brief

What is this about?

What did the court decide?

Canara Bank v. Gurmail Singh (Since Died)

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

Punjab National Bank versus Bhavna Wajekar

International Asset Reconstruction Compant Pvt. Ltd. versus Ms. Trimurti Construction Developers and Builders

Punjab National Bank versus Mrs. Kuljeet Singh

Smt Ritu Raj versus Punjab National Bank

Icici Bank Limited versus Mr Mohammad Razzaq Alam

Mundhra Comfoware versus West Bengal Gramin Bank