Allowed

Bank of Baroda (Vijaya Bank) v. Mst Mehmooda

DRT16 Jul 2026TA/269/2023

Case brief

AI extract

What is this about?

The DRT-1, Chandigarh allowed the bank application for recovery of Rs.20,57,190/- with interest after finding that the bank proved the loan advance and non-repayment by defendants, who were proceeded ex parte.

What did the court decide?

Application for recovery of Rs.20,57,190/- with interest @10% per annum from 28.10.2020 allowed; joint and several liability of defendants confirmed; recovery via sale of hypothecated and personal ass

Bank of Baroda (Vijaya Bank) versus Mst Mehmooda — Specific Performance | 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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TA No: 269/2023 Date of Institution: 28.10.2020 Date of Decision: 16.07.2026 Bank of Baroda (erstwhile Vijaya Bank), Branch Office at the Court ...Applicant Vs. Mst Mehmooda W/o Bashir Ahmad Soporie R/o Abiguzer, Bashir Ahmad Soporie S/o Habiebullah Soporie R/o Abiguzer, ...Defendants

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Bank of Baroda (erstwhile Vijaya Bank), Branch Office at the Court Road Amira Kadal, Srinagar, Kashmir, (J&K).

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Mst Mehmooda W/o Bashir Ahmad Soporie R/o Abiguzer, Srinagar, Kashmir.

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Bashir Ahmad Soporie S/o Habiebullah Soporie R/o Abiguzer, Srinagar, Kashmir.

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Advocates

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Ms. Amandeep Kaur, Nodal Officer for the applicant bank. Defendants - ex parte.

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TA for the Recovery of Rs.20,57,190/- with interest @10% per annum with monthly rests from 28.10.2020. ORDER

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On 28.10.2020, Bank of Baroda filed the suit for the recovery of Rs.20,57,190/- with interest against Mst Mehmooda and another (defendants) in the Court of the Principal District Judge, Srinagar, Kashmir. However, vide order dated 08.12.2022, this suit was transferred by the Court of the Additional District Judge (Bank Cases), Srinagar, to DRT-I, Chandigarh.

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Bank’s case is that on 09.03.2005, it had granted a Term Loan of Rs.2.00 lacs to defendant No.1 for business purpose. To secure the loan, Defendant No.1 had hypothecated the goods in trade lying in godown, shop, or in transit (fully detailed in Annexure P-5). Defendant No.2 stood as Guarantor (Guarantee Deed attached to the plaint as Annexure P-8). The loan was chargeable to interest @10% per annum with monthly rests. The defendants had acknowledged their liability towards the debt on 08.01.2011 and again on 10.03.2015. On 31.07.2020, a sum of

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Rs.20,57,190/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this suit.
3. On 09.05.2023, summonses were sent to the defendants by
registered post, which were duly served. However, the defendants did not put in appearance. Vide order dated 06.08.2025, they were proceeded_ex_ parte. 4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Prashant B Vahulraje, Authorized Officer, along with the loan and original security documents.
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.2.00 lacs and on 31.07.2020 a sum of Rs.20,57,190/- was due.
6. Accordingly, the application of the Bank for the recovery of
Rs.20,57,190/- (Rupees Twenty Lacs Fifty-Seven Thousand One Hundred and
Ninety Only) with interest @10% per annum with monthly rests from
28.10.2020, 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 hypothecated assets (fully detailed in Annexure P-5) 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
17.08.2026,who is directed to distribute the sale proceeds of the mortgaged property 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: 16.07.2026 Presiding Officer DRT-1, Chandigarh HARSH

Bank of Baroda (Vijaya Bank) v. Mst Mehmooda

Case brief

What is this about?

What did the court decide?

Bank of Baroda (Vijaya Bank) v. Mst Mehmooda

Case brief

What is this about?

What did the court decide?

What the court decided

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