Allowed

Bank of India v. Smt. Harbhajan Kaur

DRT25 Mar 2026TA/204/2023

Case brief

AI extract

What is this about?

This order allowed the applicant bank's application for recovery of ₹31,72,211/-plus interest against two defendants. The court held the defendants liable for a loan of 20.00 Lacs advanced in 2010, with the plaintiff bank permitted to recover dues through sale of mortgaged or personal property.

What did the court decide?

Allowed recovery of ₹31,72,211/-with interest; issued Recovery Certificate; sale proceeds distribution directed to Recovery Officer.

Bank of India versus Smt. Harbhajan Kaur — Banking and Recovery | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

TA No: 204/2023 Date of Institution: 02.03.2023 Date of Decision: 25.03.2026

¶4

Bank OF India Limited having its branches all over India and a branch at Garhshankar, district Hoshiarpur, Punjab.

¶5

……..Applicant

¶6

Vs.

¶7

Smt. Harbhajan Kaur w/o Sh. Shamsher Singh r/o Village Lohat Tehsil Balachaur, District SBS Nagar, Punjab.

¶8

Sh. Mukesh Kumar s/o Sh. Ranjit Singh r/o Village Takarla, Tehsil Balachaur, District SBS Nagar, Punjab.

¶9

……….Defendants

¶10

Advocates

¶11

Mr. Anil Malhotra, Counsel for the applicant bank. Defendants- ex parte .

¶12

TA for the Recovery of ₹31,72,211/- with interest @9.80% per annum with half-yearly rests from 02.03.2023.

¶13

ORDER

¶14

On 02.03.2023, the applicant bank had filed the application for the recovery of ₹31,72,211/- with interest against Smt. Harbhajan Kaur and another (defendants) in the DRT-II, Chandigarh. However, vide order dated 04.03.2023, this application was transferred by the Registrar, DRTII to DRT-I, Chandigarh.

¶15

Bank’s case is that on 14.05.2010, it had granted a loan of Rs.20.00Lacs to defendant No.1 in the form of K.C.C. Limit for Business purpose. To secure the loan, Defendant No.1 had mortgaged land (fully detailed in para no.3A of the application). Defendant No. 2 stood as guarantor. The loan was chargeable to interest @9.80% per annum with half-yearly rests. The defendants had acknowledged liability

¶16

towards the debt on 17.06.2014, 06.02.2017, 28.01.2020 and 29.07.2022.

¶17

¶18

On 23.02.2023, a sum of ₹31,72,211/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶19

On 20.04.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 07.05.2025, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Anil Kumar Gera, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-10. 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 the loan of Rs.20.00Lacs and on 23.02.2023, a sum of ₹31,72,211/- was due. 6. Accordingly, the application of the bank for the recovery of ₹31,72,211/- (Rupees Thirty One Lacs Seventy Two Thousand Two Hundred Eleven) with interest @9.80% per annum with half-yearly rests from 02.03.2023, 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. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 04.05.2026, who is directed to distribute the sale proceeds of the mortgaged land as per the provisions of Section 19(20-AB) of the Act .

¶20

¶21

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: 25.03.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Bank of India v. Smt. Harbhajan Kaur

Case brief

What is this about?

What did the court decide?

Bank of India v. Smt. Harbhajan Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Axis Bank versus Ms Gahra Minerals

Prashant Kumar Sinha versus Icici Bank Limited

Hdfc Bank versus Navtej Singh

Milind Trading Company versus Kotak Mahindra Bank Limited

State Bank of India versus M/S Eco India Paper Products

Mr N Narayana Reddy versus Bank of Maharashtra