Hdfc Bank v. Ekta Sinha
Case brief
What is this about?
The Debt Recovery Tribunal Patna allowed the bank's ex-parte application under Section 19 RDB Act. Determining a debt of Rs. 28 lakhs based on bank records, the Tribunal issued a recovery certificate for immediate recovery and attached hypothecated assets.
What did the court decide?
Recovery certificate issued for Rs. 28,44,258.56 with interest; assets attached; defendant debarred from transferring secured assets.
What the court decided
I
DRT. PATN A
OA 524 of 2022 1 Jl
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri Kaushalendra Yadav OA Case No. 524 of 2022
HDFC Bank Ltd.. 2nd Floor Rajendra Ram Plaza Exhibition Road. Patna-I
.Applicant
Vs
Ekta Sinha W/o Bimlesh Kumar Baxi. At Maidan. Daradh Lane. Patha. City Sampatchak. Patna-Begampur. District-Patna-800009. Near Shahbabu Ka Mandir
. . . . . . . Defendant
Present: For the Applicant : Shri Bhola Shankar. Advocate For the Defendant : None
Dated: 17.09.2024
Issues for consideration
3 issues framed by the court
Whether the Debt Recovery Tribunal has jurisdiction and the application is within limitation. Whether the bank's claim supported by affidavit and documents is sufficient to determine the debt. Whether
Whether the application filed under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 was within the period of limitation.
Whether the debt and interest amount claimed by the bank can be determined and a recovery certificate can be issued.
Parties & counsel
- applicant
HDFC Bank Ltd.
Coram
Kaushalendra Yadav
Case details
As recorded by the court registry
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