Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs VIJAY KUMARI on 23 July 2026
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
TA No: 142/2024
Date of Institution: 15.02.2013
Date of Decision: 23.07.2026
Bank of Baroda having its branches all over India and a branch at Gandhinagar, Jammu.
……..Applicant
Vs.
1. MS. Vijay Kumari w/o Sh. Vijay Kumar, r/o H.No.827, Subhash Nagar, Jammu.
2. Shanker Singh s/o Sh. Karan Singh, r/o Patta Paloura, Jammu.
3. Teg Alis s/o Sh. Ibhrahim, r/o Mian Sarkar Sarore Adda, Tehsil Samba.
……….Defendants
Advocates
Sh. Iqbal Mohd., Counsel for the applicant bank.
None for the defendants.
TA for the Recovery of ₹24,21,742/- with interest @16.75% per annum with monthly rests from 15.02.2013.
ORDER
1. On 15.02.2013, Bank of Baroda, filed the suit for the recovery of ₹24,21,742/- with interest against MS. Vijay Kumari and others (defendants) in the Court of District Judge, Jammu. However, vide order dated 23.03.2023, Additional District Judge, (Bank Cases), Srinagar, transferred this suit to DRT-I, Chandigarh.
2. Bank’s case is that on 31.03.2008, it had granted C.C. Limit of ₹5.00 Lacs; Term Loan of ₹18.00 Lacs to defendant No.1 for business purpose. To secure both the loan facilities aggregating to ₹23.00 Lacs, Defendant No.1 hypothecated her assets (fully detailed in para No.3 of the application) and defendant No.2 mortgaged his property (fully detailed in
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para No.6 of the application). Defendant Nos.2 to 3 stood as guarantors for the aforementioned limits aggregating to ₹23.00 Lacs vide General form(s) of Guarantee dated 31.03.2008, (Annexures P16 to P-17). Both the loan facilities were chargeable to interest @16.75% per annum with monthly rests. On 31.12.2012, a sum of ₹24,21,742/- 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 by registered post, which were duly served. After transfer of this suit/application, summonses were sent to the defendants which were duly served. However, they did not put in appearance.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Jaspal Singh Thind, Senior Manager, along with the original 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 ₹23.00 Lacs (C.C. Limit of ₹5.00 Lacs; Term Loan of ₹18.00 Lacs) and on 31.12.2012, a sum of ₹24,21,742/- was due.
6. Accordingly, the case of the bank for the recovery of ₹24,21,742/- (Rupees Twenty Four Lacs Twenty One Thousand Seven Hundred Forty Two Only) with interest @16.75% per annum with monthly rests from 15.02.2013, 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 and hypothecated assets fully detailed in para Nos.3 and 6 of the application as well as from the personal movable and immovable property(ies) of the defendants.
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7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on 25.08.2026, who is directed to distribute the sale proceeds of the mortgaged property and hypothecated assets 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: 23.07.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA
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