Allowed

Bank of India v. Sh. Harmesh Singh

DRT30 Jan 2026OA/591/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Bank of India for the recovery of a dues of Rs.28,80,406.85p plus interest from two defendants, one being the borrower and the other a guarantor, approving the sale of mortgaged property. Issue date: 30.01.2026.

What did the court decide?

Recovered Rs.28,80,406.85p with interest; issued Recovery Certificate; directed sale of mortgaged land and crops.

Bank of India versus Sh. Harmesh Singh — Banking and Recovery | 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: 591/2023 Date of Institution: 15.03.2023 Date of Decision: 30.01.2026

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

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……..Applicant

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Vs.

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Sh. Harmesh Singh s/o Sh. Karam Singh, r/o H.No.107, Village Ramgarh Ghuman, PO Peerkot, Distt. Bathinda, Punjab.

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Sh. Harmail Singh s/o Sh. Karam Singh, r/o H.No.107, Village Ramgarh Ghuman, PO Peerkot, Distt. Bathinda, Punjab.

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……….Defendants

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Advocates

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Ms. Lovedeep Kaur proxy counsel for Ms. Puja Sharma, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 24.01.2025 .

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OA for the Recovery of Rs.28,80,406.85p with interest @10.60% per annum with half-yearly rests from 15.03.2023.

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ORDER

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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.28,80,406.85p with interest against Sh. Harmesh Singh and another (defendants).

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Bank’s case is that on 26.09.2012, it had granted a loan of Rs.6.00 Lacs to defendant No.1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide guarantee agreement dated 11.10.2012. Again on 20.10.2012, at the request of the defendants, bank granted another loan of Rs.10.00 Lacs in the form of O.D. Limit to defendant No.1 for

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agricultural purpose. Defendant No.2 stood as guarantor vide guarantee agreement dated 20.10.2012. Both the loans were chargeable at different rates of interest. Defendants had duly acknowledged their liability towards the debt on 01.10.2015, 14.06.2018, 07.03.2020. On 21.02.2023, a sum of Rs.28,80,406.85p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 24.04.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 24.01.2025, 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. Dwarka Prasad, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-24.

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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 total loan of Rs.16.00Lacs and on 21.02.2023, a sum of Rs.28,80,406.85p was due.

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Accordingly, the application of the bank for the recovery of Rs.28,80,406.85p (Rupees Twenty Eight Lacs Eighty Thousand Four Hundred Six and Paise Eighty Five Only) with interest @10.60% per annum with half-yearly rests from 15.03.2023, till the date of payment is hereby allowed with costs. The liability of both 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 06.03.2026, 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: 30.01.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of India v. Sh. Harmesh Singh

Case brief

What is this about?

What did the court decide?

Bank of India v. Sh. Harmesh Singh

Case brief

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What did the court decide?

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