Allowed

Capital Small Finance Bank Limited v. Dickypal Singh

DRT25 Aug 2026OA/765/2024

Case brief

AI extract

What is this about?

This order allows an application under Section 19 of the RDB Act for recovery of Rs.31.06 lacs plus interest. The Presiding Officer, after evaluating the bank's documents, found that the defendants failed to appear and the bank established its claim for the secured and unsecured dues, awarding joint and several liability to all defendants.

What did the court decide?

Recovery of Rs.31,06,399/- with interest @11.45% p.a.; Joint and several liability declared; Recovery Certificate issued.

Capital Small Finance Bank Limited versus Dickypal 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: 765/2024 Date of Institution: 10.05.2024 Date of Decision: 25.08.2026

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Capital Small Finance Bank Limited, B/u Abohar, District Fazilka.

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…Applicant

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Vs.

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Dickypal Singh S/O Gurpreet Singh, R/o Vpo Tahliwala Jattan, Tehsil and District Fazilka, Punjab -152124.

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Suminder Kaur W/o Gurpreet Singh, R/o VPO Tahliwala Jattan, Tehsil and District Fazilka, Punjab -152124.

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Surinder Kaur W/o Rajinder Singh Alias Gajinder Singh R/o VPO Tahliwala Jattan, Tehsil and District Fazilka, Punjab – 152124.

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Randhir Singh S/o Jagdish Singh, R/o VPO Tahliwala Jattan, Tehsil and District Fazilka, Punjab-152124.

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…Defendants

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Advocates

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Sh. Rishi Mittu, Counsel for the Applicant Bank. Defendants – ex parte .

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OA for the Recovery of Rs.31,06,399/- with interest @11.45% per annum with half-yearly rests from 10.05.2024.

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ORDER

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On 10.05.2024, Capital Small Finance Bank Limited filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.31,06,399/-with interest against Sh. Dickypal Singh and others (defendants).

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Defendant Nos.1 to 3 are the borrowers and defendant No.4 is the guarantor. Bank’s case is that on 06.01.2022, it had granted total loan of Rs.25 lacs (K.C.C. Limit of Rs.23 lacs and Agriculture Term Loan of Rs.2 lacs) to defendant Nos.1 to 3 for agricultural purpose. To secure the loan, defendant Nos.1 to 3 had mortgaged their agricultural lands and

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hypothecated assets (fully detailed in para No.5.1 of the application). Defendant No.4 stood as Guarantor for the loans vide Guarantee Deed dated 14.01.2022. The loan was chargeable to interest @11.45% per annum with half-yearly rests. On 03.04.2024, bank sent loan recall notice to the defendants. On 31.03.2024, a sum of Rs.31,06,399/- (KCC Loan: Rs.28,83,198/-; Agriculture Term Loan: Rs. 2,23,201/-) was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 28.05.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 22.04.2025, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Munish Sharma, Authorized Officer, along with the loan and security documents.

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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 total of Rs.25 lacs and on Rs.31,06,399/- (KCC Loan: Rs.28,83,198/-; Agriculture Term Loan: Rs. 2,23,201/-) was due.

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Accordingly, the application of the Bank for the recovery of Rs.31,06,399/- (Rupees Thirty-One Lacs Six Thousand Three Hundred and Ninety-Nine Only) with interest @11.45% per annum with halfyearly rests from 10.05.2024, 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 agricultural lands and hypothecated assets (fully detailed in para No.5.1 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. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 28.09.2026 . 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: 25.08.2026 Presiding Officer DRT-1, Chandigarh HARSH

Capital Small Finance Bank Limited v. Dickypal Singh

Case brief

What is this about?

What did the court decide?

Capital Small Finance Bank Limited v. Dickypal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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