Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs M/S R.P. FILLING STATION on 20 March 2026
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
TA No: 147 of 2024
Date of Institution: 23.03.2013
Date of Decision: 20.03.2026
Bank of Baroda having a branch at Gandhinagar, Jammu District/ State Jammu.
……..Applicant
Vs.
1. M/s R.P. Filling Station proprietor Ms. Pooja Menia r/o Village Hakkal Dairy, P.O. Satwari, Tehsil and District Jammu.
2. Ms. Pooja Menia r/o Village Hakkal Dairy, P.O. Satwari, Tehsil and District Jammu.
3. Hans Raj s/o Ranju Ram r/o Village Sehora, P.O. Sehora, District Jammu.
4. Sham Lal Wadhwa s/o Sh. Thakur Dass s/o Sector no.1, Railway Road, Nanak Nagar, Jammu.
5. Shiv Ram s/o Late Sh. Sain Dass r/o Village Hakkal Tehsil and District Jammu.
……….Defendants
Advocates
Sh. Sumeet Sehgal, Counsel for the applicant bank.
None for defendants.
TA for the Recovery of ₹40,09,580/- with interest @16.50% per annum with monthly rests from 23.03.2013.
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ORDER
1. On 23.03.2013, Bank of Baroda filed the suit for the recovery of ₹40,09,580/- with interest against M/s R.P. Filling Station and others (defendants) in the Court of Additional District Judge, Jammu. However, vide order dated 27.02.2023, the suit was transferred by the Court of Additional District Judge, Jammu to DRT-I, Chandigarh.
2. Bank’s case is that on 27.02.2006, it had granted a loan of ₹20.00Lacs to defendant no.1 through its proprietor Defendant no.2 in the form of Overdraft Facility under B.O.B. Vipar Scheme for business purpose. On 15.12.2007, the bank enhanced the Overdraft Limit from ₹20.00Lacs to ₹40.00Lacs. To secure the loan, Defendant nos. 2 and 5 had mortgaged his property (fully detailed in para No.9A of the plaint). Defendant nos. 3 to 5 stood as the guarantors. The loan was chargeable to interest @16.50% per annum with monthly rests. The defendants had acknowledged their liability towards the debt on 08.06.2012. On 28.02.2013, a sum of ₹40,09,580/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, the suit.
3. The Civil Court, sent summonses to the defendants which were duly served. After receiving the file by transfer from Jammu, this Tribunal sent summonses to the defendants by registered post/publication on 21.03.2025, which were duly served. However, defendants did not put in appearance and vide order dated 19.11.2025, they were proceeded ex parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Jaspal Singh Thind, Executive Manager Law, along with the loan and 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 ₹40.00Lacs and on 28.02.2013, a sum of ₹40,09,580/- was due.
6. Accordingly, the case of the bank for the recovery of ₹40,09,580/- (Rupees Forty Lacs Nine Thousand Five Hundred and Eighty Only) with interest @16.50% per annum with monthly rests from 23.03.2013, 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 property fully detailed in para No.9A of the plaint 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 29.04.2026, who is directed to distribute the sale proceeds of the mortgage 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: 20.03.2026 Presiding Officer DRT-1, Chandigarh