Debts Recovery Tribunal allowed an application filed by HDFC Bank against three respondents for recovery of a loan amount of Rs. 48,82,160/- with simple interest at 7% per annum, granting relief ex-parte.
Recovery of Rs. 48,82,160/- with simple interest @7% per annum from 14.11.2022 till realisation.
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DEBTS RECOVERY TRIBUNAL-2, CHANDIGARH, PRESIDED OVER BY M.M. DHONCHAK
ORIGINAL APPLICATION NO.2088/2022
DATE OF INSTITUTION: 14.11.2022
DATE OF DECISION: 15th DAY OF DECEMBER, 2023
HDFC Bank Limited, a Banking Company, carrying on the banking business under the Banking Regulation Act, 1949, incorporated under the Companies Act, 1956, having its Registered Office at HDFC Bank House, Senapati Bapat Marg, lower Parel, Mumbai-400013 and Branch amongst other places one at Narwana, District Jind, Haryana, through Sh. Jatinder Mishra, Assistant Manager, holder of an attorney from the applicant bank
…..Applicant
Versus
…..Defendants
Argued by: Sh. J.S. Sehgal counsel for applicant bank Defendant No. 1 and 3 ex parte vide order dated 18.02.2023 Defendant No.2 ex parte vide order dated 22.09.2023
FINAL ORDER
Present Original Application was instituted by the applicant bank under Section 19(1) of the Recovery of Debts and
OA/2088/2022 HDFC BANK Vs KRISHAN KUMAR AND OTHERS 2
Bankruptcy Act, 1993 (hereinafter referred to as ‘the Act’ for brevity), against the defendants for recovery of Rs.48,82,160/(Rupees Forty Eight Lac Eighty Two Thousand One Hundred and Sixty Only) . It has been filed through Sh. Jatinder Mishra, Assistant Manager of the applicant bank stated to be competent to institute the Original Application vide Power of Attorney dated 16.12.2020, Annexure-A1 (copy).
OA/2088/2022 HDFC BANK Vs KRISHAN KUMAR AND OTHERS 3
Dharam-Kheri, Sub-Tehsil Bass, District Hisar, Haryana, fully detailed in para No. 5(v) of the OA.
The documents related to mortgage are as under:
ii. Letter dated 24.05.2017 to the Tehsildar, Bass, for entry/mutation of the property, Annexure-A8 (copy).
It is further the case of the applicant bank that after adjusting debit and credit entries in the loan accounts, a sum of Rs.48,82,160/- (Rupees Forty Eight Lac Eighty Two Thousand
One Hundred and Sixty Only), is recoverable against the defendants as per statements of accounts, certified under Bankers’ Books Evidence Act, 1891, Annexures-A13 and A14 (copy).
Since the defendants did not repay the outstanding amount, therefore, the applicant bank preferred the present Original Application for issuance of Recovery Certificate.
OA/2088/2022 HDFC BANK Vs KRISHAN KUMAR AND OTHERS 4
defendants, thus, defendant Nos. 1 and 3 were proceeded against ex-parte vide order dated 18.02.2023 and defendant No. 2 was proceeded against ex parte vide order dated 22.09.2023 .
OA/2088/2022 HDFC BANK Vs KRISHAN KUMAR AND OTHERS 5
interest have been mentioned @12% per annum in CC limit and @15% per annum in FDL limit.
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of the bank still remain unsatisfied, the applicant bank shall be at liberty to recover the same by attachment and sale of personal assets of the defendants. The applicant bank is at liberty to enforce the claim through due process of law.
Pronounced in the open Tribunal (M.M. Dhonchak) Presiding Officer DRT-2, Chandigarh
2 issues framed by the court
Whether the applicant bank is entitled to recover the outstanding loan amount from the defendants.
What rate of interest the Tribunal should grant for pendente lite and future interest.
1 provisions across 1 enactments
HDFC Bank Limited
Sh. Krishan Kumar
Smt. Darshana
Sh. Sandeep Kumar
M.M. Dhonchak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
