Hdfc Bank v. M/s Bhadani S
Case brief
What is this about?
The DRT allowed an ex-parte application by HDFC Bank for recovery of a loan of approximately 29.74 lakhs against a proprietorship and its guarantors who failed to appear. The Tribunal validated the affidavit evidence and determined the liability order.
What did the court decide?
Order to pay debt of Rs. 29,74,420.65 with interest and costs; attachment of mortgaged/hypothecated assets and issuance of Recovery Certificate.
What the court decided
1
DRT. PATN A
OA 24 of 2023 1.Jl
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri KaushalendraYadav
OA Case No. 24 of 2023
HDFC Bank Ltd.. Bimla Sadan, Holding no. 801/432 Ward no. 37. Exhibition Road. Patna- 1
Applicant
Vs
- M/s Bhadani S.. Proprietorship concerned. through its proprietor Sdgar Bhadani. having its principal place of business at O Tekari Road. Gaya District-Gaya.Pin code 82300 1
- Sagar Bhadani S/o Sanjay Kumar Bhadani, R/o At House no. 53. Hotel Saroi. Tekari Road. Gaya District-Gaya-823001.
Issues for consideration
3 issues framed by the court
Whether the Debt Recovery Tribunal has jurisdiction to adjudicate the application filed under Section 19 of the RDB Act.
Whether the application filed by the bank was within the limitation period.
Whether the debt amount claimed by the bank is sustainable based on documentary evidence.
Parties & counsel
- applicant
HDFC Bank Ltd.
- respondent
M/s Bhadani S.
- respondent
Sagar Bhadani
- respondent
Sanjay Kumar Bhadani
Coram
Case details
As recorded by the court registry
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