Debts Recovery Tribunals and Appellate Tribunals

BANK OF BARODA (VIJAYA BANK) vs MST MEHMOODA on 16 July 2026

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

BEFORE: A S NARANG, PRESIDING OFFICER

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 Road Amira Kadal, Srinagar, Kashmir, (J&K).

...Applicant

Vs.

1.

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

2.

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

...Defendants

Advocates

Ms. Amandeep Kaur, Nodal Officer for the applicant bank.

Defendants - ex parte.

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

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ORDER

1. 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.

2. 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

2 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

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