Allowed

Bank of India v. Kulwant Singh

DRT5 Feb 2026OA/916/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs.24,12,487/- with interest from the respondent defendants. The bank proved its case of advanced loan and due amount, and the defendants were proceeded ex parte.

What did the court decide?

Recovery of Rs.24,12,487/- with interest; Grant of recovery certificate; Direction to Recovery Officer to distribute sale proceeds of mortgaged land.

Bank of India versus Kulwant 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: 916/2024 Date of Institution: 18.06.2024 Date of Decision: 05.02.2026

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Bank of India having its branches all over India and a branch at Abohar Road, Fazilka, Distt. Fazilka Punjab.

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……..Applicant

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Vs.

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Kulwant Singh son of Sh. Kashmir Singh resident of Village Azamwala, Tehsil & District Fazilka, Punjab.

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Gurbakhsh Singh son of Sh. Gurdit Singh resident of Village Azamwala, Tehsil & District Fazilka, Punjab.

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……….Defendants

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Advocates

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Mr. Gaurav Kumar proxy counsel for Sh. RK Pasricha, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 03.02.2025 .

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OA for the Recovery of Rs.24,12,487/- with interest from 18.06.2024.

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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.24,12,487/- with interest against Sh. Kulwant Singh and others (defendants).

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Bank’s case is that on 30.10.2015, it had granted K.C.C. Limit of Rs.3.00Lacs and an A.G.O.D. Limit of Rs.6.00 Lacs to defendant No.1 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 for both the loan facilities vide deed of guarantee dated 10.11.2015. Both the loans were chargeable at different rates of interest. Defendants had duly acknowledged their liability towards the debt on 21.09.2018 and 30.07.2021. On 30.04.2024,

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a sum of Rs.24,12,487/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 12.07.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.02.2025, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Ajit Singh Dadwal, Chief Manager along with the loan and security documents and marked them as Exhibit A-1 to A-17. 5. 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 loan of Rs.9.00 Lacs and on 30.04.2024, a sum of Rs.24,12,487/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.24,12,487/- (Rupees Twenty Four Lacs Twelve Thousand Four Hundred Eighty Seven Only) i.e. Rs.6,78,214/- in K.C.C. Limit with interest @10% per annum and Rs.17,34,273/- in A.G.O.D. Limit with interest @13% per annum (both facilities) with half-yearly rests from 18.06.2024, 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. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 13.03.2026, who is directed to distribute the sale proceeds of the

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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: 05.02.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of India v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

Bank of India v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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