Allowed

Hdfc Bank v. Sh. Phul Kumar

DRT15 Mar 2024OA/1165/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by HDFC Bank for the recovery of Rs.32,63,300 with interest from three respondents. The bank proved its loan advances and mortgage documents while respondents were absent. The tribunal directed recovery via sale of mortgaged land and personal property.

What did the court decide?

Recovery of Rs.32,63,300 plus interest from respondents; sale of mortgaged land and personal property directed.

Hdfc Bank versus Sh. Phul Kumar — Banking and Recovery | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1165/2023 Date of Institution: 11.08.2023 Date of Decision: 15.03.2024

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HDFC Bank Limited at Uchana Kalan, District Jind, Haryana

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……..Applicant

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Vs.

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Sh. Phul Kumar S/o Sh. Dhirja Ram R/o House No. 79, Block 2, Village Surbrah, Tehsil Narwana, District Jind, Haryana-126152

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Smt. Sheela W/o Sh. Phul Kumar R/o House No. 79, Block 2, Village Surbrah, Tehsil Narwana, District Jind, Haryana-126152

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Sh. Kuldeep S/o Sh. Kishna R/o Village Mangalpur, Tehsil Narwana, District Jind, Haryana-126152

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……….Defendants

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Advocates

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Sh. Saurabh Bhardwaj, Counsel for the applicant bank. Defendants- ex parte

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OA for the Recovery of Rs.32,63,300/- with interest @10.50% per annum with half yearly rests from 20.07.2023.

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ORDER

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HDFC Bank Limited (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.32,63,300/- with interest against Sh. Phul Kumar and others (defendants).

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Bank’s case is that on 12.09.2022, it had granted CC Limit-I of Rs.11 Lakh, CC Limit-II of Rs.11 Lakh, CC Limit-III of Rs.4.50 Lakh and CC Limit-IV of Rs.4.50 Lakh to defendant Nos.1 and 2 for agricultural purpose. Defendant No.3 stood as guarantor. To secure the loan, defendant No.1 had mortgaged his agricultural land measuring 44 Kanal 03 Marla (fully detailed in para No.5(v) of the application). The

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loans were chargeable to interest @10% per annum with half yearly rests. On 20.07.2023, a sum of Rs.32,63,300/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 24.08.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 30.09.2023, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Jatinder Mishra, Deputy Manager (Agriculture Legal) along with the loan and security documents and marked them as Exhibit A-1 to A-16.

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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 loans of Rs.11 Lakh, Rs.11 Lakh, Rs.4.50 Lakh and Rs.4.50 Lakh and on 20.07.2023, a sum of Rs.32,63,300/- was due.

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Accordingly, the application of the bank for the recovery of Rs.32,63,300/- (Rupees Thirty Two Lakh Sixty Three Thousand and Three Hundred Only) with interest @10.50% per annum with half yearly rests from 20.07.2023, 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 land fully detailed in para No.5(v) of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 19.04.2024, who is directed to distribute the sale proceeds of the mortgage land and standing crops as per the provisions of Section 19(20AB) 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: 15.03.2024 Presiding Officer DRT-2, Chandigarh (Additional charge)

Hdfc Bank v. Sh. Phul Kumar

Case brief

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Hdfc Bank v. Sh. Phul Kumar

Case brief

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