Sh Saravdeep Singh versus Hdfc Bank

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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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SA/110/2023 SH SARAVDEEP SINGH Vs HDFC BANK

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09.08.2023

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Item No.56

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Present: Sh. Yogesh Saini, Counsel for the Applicant. Ms.Rupali Sekhar Verma, Counsel for respondent Bank.

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Mr.Yogesh Saini, counsel for the applicant states that applicants are neither borrower nor the guarantor. In fact, Sandeep Singh, the brother of the applicant alongwith his wife Gurpreet Kaur and father Avtar Singh had taken loan from respondent bank. To secure the loan, Avtar Singh had mortgaged his residential property. The loan was taken in the year 2005 and Avtar Singh died in the year 2019. He further states that respondent bank had issued notice under Section 13(2) of the SARFAESI Act on 01.10.2019 and the notice was sent to Avtar Singh, who had already died.

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Mr.Rupali Verma, counsel for respondent bank frankly concedes the fact that no notice under Section 13(2) was served upon the LRs of Avtar Singh. She further states that her statement made in the court today be treated as notice under Section 13(2) and applicants may be given 60 days time to respond to the same. However, she further states that bank would also serve the notice under Section 13(2) to the applicants today itself.

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In view of the statement made by counsel for respondent bank, counsel for applicant has made a statement at the bar the he does not want to pursue the present SA. Accordingly, the SA is dismissed as withdrawn with liberty to approach this Tribunal again in case the applicants are so advised. The SA stands disposed of .

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File be consigned to record room after due compliance.

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Pronounced in open court. MANOJ

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(A S Narang) Presiding Officer DRT-I, Chandigarh

Sh Saravdeep Singh v. Hdfc Bank

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Sh Saravdeep Singh v. Hdfc Bank

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