The Tribunal allowed the applicant bank's application for recovery of dues amounting to 30,39,896/- along with interest against the respondent who appeared ex parte, confirming the bank has proved its case and directing issuance of a recovery certificate.
Recovery of 30,39,896/- with interest; sale of mortgaged land; issuance of Recovery Certificate.
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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
OA No: 684 of 2022 Date of Institution: 04.04.2022 Date of Decision: 29.08.2026
SBI having its branches all over India and a branch at Alampur, Tehsil and District Hoshiapur, Punjab.
……..Applicant
Vs.
Mr. Sukhdev Singh s/o Sh. Niranjan Singh s/o Village Bhikowal, P.O. Safdarpur, Tehsil Dasuya, District Hoshiarpur, Punjab.
……….Defendant
Advocates
Sh. Pravez Alam proxy counsel for Ms. Meena Malhotra, Counsel for the applicant bank along with Mr. Ashu Dogra, Branch Manager of the Applicant Bank.
Defendant - ex parte .
OA for the Recovery of ₹30,39,896/- with interest @11.50% per annum with half-yearly rests from 04.04.2022.
ORDER
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was due from the defendant. Despite repeated requests, defendant did not make the repayment. Hence, this application.
| 3. On 11.05.2022, summons was sent to the defendant by registered |
|---|
| post, which was duly served. However, defendant did not put in |
| appearance. Vide order dated 20.02.2025, he proceeded was_ex parte_. |
| 4. In order to prove its case, the Bank has placed on record the |
| affidavit of Mr. Mandeep Singh, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-9. |
| 5. I have perused the evidence on the record. Mr. Ashu Dogra, |
| Branch Manager is present along with the original documents which |
| have been perused by me. The same have been returned to him after |
| perusal. I am of the considered view that the Bank has proved its case |
| that it had advanced the loan of ₹17.00Lacs and on 16.04.2022, a sum of |
| ₹30,39,896/- was due. |
| 6. Accordingly, the application of the bank for the recovery of |
| ₹30,39,896/- (Rupees Thirty Lacs Thirty Nine Thousand Eight Hundred |
| Ninety Six Only) with interest @11.50% per annum with half-yearly |
| rests from 04.04.2022, till the date of payment is hereby allowed with |
| costs. Bank can recover its dues by the sale of mortgaged land fully |
| detailed in para No.5vi of the application as well as from the personal movable and immovable property(ies) of the defendant. |
| 7. Pending IAs, if any, stand disposed of. |
| 8. Recovery Certificate be issued accordingly. |
| 9. Party is directed to appear before Recovery Officer on 30.09.2026. |
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2 issues framed by the court
whether the application by the bank for recovery of loan and interest under Section 19 of the RDB Act is maintainable and sustainable on evidence
whether the recovery certificate should be issued and under what procedure
1 provisions across 1 enactments
SBI
Mr. Sukhdev Singh
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
