Debts Recovery Tribunals and Appellate Tribunals

BANK OF BARODA vs THE BABA SIDH GORIA DAIRY AND DAIRY PRODUCTS COOPERATIVE LTD. on 21 April 2026

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

BEFORE: A S NARANG, PRESIDING OFFICER

TA No: 144 of 2024

Date of Institution: 08.07.2019

Date of Decision: 21.04.2026

Bank of Baroda having a branch at Gandhinagar, Jammu.

……..Applicant

Vs.

1. The Baba Sidh Goria Dairy and Dairy Products Cooperative Ltd., Village Pakhian, Mishriwala, Jammu.

2. Sh. Ranjeet Singh s/o Mastam Singh r/o Mishriwala, Jammu.

3. Sh. Ravinder Singh s/o Sh. Chanchal Singh r/o Gumpal, Domana, Jammu.

Defendant nos. 2 and 3, Secretaries of The Baba Sidh Goria Dairy and Dairy Products Cooperative Ltd., Village Pakhian, Mishriwala, Jammu.

4. Sh. Surinder Singh s/o Sh. Karan Singh r/o Ghomanasa, Jammu.

……….Defendants

Advocates

Sh. Sumeet Sehgal, Counsel for the applicant bank.

None for defendants.

TA for the Recovery of ₹30,05,861/- with interest @13.45% per annum with monthly rests from 08.07.2019.

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ORDER

1. On 08.07.2019, Bank of Baroda filed the suit for the recovery of ₹30,05,861/- with interest against The Baba Sidh Goria Dairy and Dairy Products Cooperative Ltd. and others (defendants) in the District Court, Jammu. However, vide order dated 18.05.2023, this suit was transferred by the Court of Additional District Judge, (Bank Cases), Srinagar, to DRT-I, Chandigarh.

2. Bank’s case is that on 11.05.2010, it had granted a loan of ₹22.25Lacs in the form of Term Loan for business purpose to Defendant no1 through its secretaries Defendant nos. 2 and 3. To secure the loan, Defendant no.4 had mortgaged his property (fully detailed in para No.5 of the plaint). Defendant no. 4 stood as the guarantor. The loan was chargeable to interest @13.45% per annum with monthly rests. The defendants had acknowledged their liability towards the debt on 29.03.2016. On 30.06.2019, a sum of ₹30,05,861/- 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 was 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. Rajesh Kachroo, Authorised Officer 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 ₹22.25Lacs and on 30.06.2019 a sum of ₹30,05,861/- was due.

6. Accordingly, the case of the bank for the recovery of ₹30,05,861/- (Rupees Thirty Lacs Five Thousand Eight Hundred Sixty One Only) with interest @13.45% per annum with monthly rests from 08.07.2019, till the date of payment is hereby allowed with costs. The liability of Defendant no.1 and 4 would be joint and several. No personal claim lies against Defendant nos. 2 and 3 being the secretaries of Defendant no.1. Bank can recover its dues by the sale of mortgaged property fully detailed in para No.5 of the plaint as well as from the personal movable and immovable property(ies) of the defendant nos.1 and 4.

7. Pending IAs, if any, stand disposed of.

8. Recovery Certificate be issued accordingly.

9. Parties are directed to appear before Recovery Officer on 25.05.2026, 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: 21.04.2026 Presiding Officer DRT-1, Chandigarh

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