Debts Recovery Tribunal issued summons for show cause and directed appointment of receiver for hypothecated vehicles in an OA filed by Kotak Mahindra Bank Limited under Section 19 RDDB Act 1993.
Summons issued for show cause; authorized officer appointed as receiver to take possession of hypothecated vehicles.
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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ITEM NO. 13
OA/86/2026 KOTAK MAHINDRA BANK LIMITED Vs P S INFRABUILD PRIVATE LIMITED AND OTHERS
22.01.2026
Present: Sh. Rahul Garg Advocate for Applicant (through VC)
This is fresh OA under Section 19 of The Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the defendants seeking recovery certificate for a sum of Rs. 1,00,30,439.25/- alongwith interest and other dues.
I have heard Ld. counsel who appeared through video conferencing and perused record.
Let summons under Section 19(4) of the Recovery of Debts and Bankruptcy Act 1993 be issued alongwith copy of the OA and copy of this order be sent by way of registered post as well as by hand (dasti) and through Electronic mode on the e-mail address(s) of the defendants as well as through WhatsApp numbers, if they are available with the Applicant.
Defendants are directed to show cause within 30 days from the service upon defendants as to why relief prayed for should not be granted. Defendants are further directed to disclose particulars of the property or assets other than properties and assets specified by the applicant under Clauses (a) and (b) of Sub-Section (3-A) of Recovery of Debts and Bankruptcy Act 1993.
Applicant is directed to collect summons and ensure service upon the defendants and file proof of service.
The vehicles mentioned in the OA as stated hereinafter have been hypothecated with the bank as argued by the Ld. Counsel for the applicant and thus for this hardly any permission of this Tribunal is required.
Ld. Counsel for applicant referred the case ICICI Bank Ltd. Versus Kaptan Singh 139 (2007) DLT 501 passed by Hon’ble Delhi High Court in this regard.
In light of the case law referred and in the facts and circumstances of the case, the authorized officer of the bank is appointed receiver to take over the possession of the vehicle and to keep the same under his custody.
| Sr. No. | Model of Vehicles | Engine No. | Chassis No. | Serial/Regn. No. |
|---|---|---|---|---|
| 1. | JCB 140 | 95454588 | PUNJD14AAR327 4021 |
________ |
| 2. | JCB 3DX XTRA | H00424978 | HAR3DXX4L0307 1670 |
HR-22U-9310 |
| 3. | Hydraulic Excavator SK145 |
6911974JJ1888 | LP12510153 | LP12510153 |
| 4. | JCB 437 | H00376503 | PUN4ATBWAP43 07557 |
PB-31Y-6783 |
| 5. | Batching Mixing Plant VKC60i |
________ | ___________ | VK/24-25/13 |
| 6. | Silofeed72 | VK2425S0506 | VK2425FB03 | 080ES240047589 |
| 7. | KYB Conmat Paver CE200 |
FCCA250008 | FCCA250008 | FCCA250008 |
| 8. | KYB Conmat Paver CE200 |
FCCA250009 | FCCA250009 | FCCA250009 |
In case any police aid will be required it will be permissible for the said authorized officer to seek such aid in order to enable him to take possession of the said vehicle. The said authorized officer on obtaining possession of the vehicle will issue appropriate receipts to the person from whose custody vehicle is taken and will also note down therein, the condition of vehicle and will ensure that vehicle is kept in the same condition.
In case the defendants pay all the installments due on the date of taking the custody of vehicle, the vehicle shall not be taken by the authorized officer of the bank. In case the vehicle is to be attached or taken into custody then it should be without any goods.
Defendants may file WS within 30 days from the date of receipt of summons with an advance copy to the applicant. Thereafter applicant shall be at liberty to file replication, if any within 15 days thereafter.
Copy of this order be supplied to all concerned by hand (dasti).
List before Registrar for filing service report, completion of pleadings and report on admission and denial of documents on 02.03.2026.
(MRIDULESH KUMAR SINGH) Presiding Officer DRT-III, Chandigarh
1 issue framed by the court
Whether summons should be issued for recovery certificate and show cause notice to be sent to defendants.
Colour shows how this judgement treated each authority
ICICI Bank Ltd. Versus Kaptan SinghReferred¶12
ICICI Bank Ltd. Versus Kaptan Singh 139 (2007) DLT 501 · Who else cites this
2 provisions across 1 enactments
Kotak Mahindra Bank Limited
P S Infrabuild Private Limited
Mridulesh Kumar Singh
As recorded by the court registry
2 orders share this CNR
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