Allowed

Hdfc Bank Limited v. Sh. Sukhjinder Singh and Others

DRT22 Sept 2025OA/1022/2024

Case brief

AI extract

What is this about?

In an original application for recovery of a cheque-bank loan, the DRT allowed the applicant's claim for Rs. 29.49 lakhs. The court granted uniform simple interest at 8% p.a. and issued a recovery certificate directing attachment of properties if dues remain unsatisfied.

What did the court decide?

Recovery certificate issued; defendants liable to pay Rs. 29.49 lakhs with 8% p.a. simple interest; recovery via sale of mortgaged properties or personal assets.

Hdfc Bank Limited versus Sh. Sukhjinder Singh and Others — Banking and Recovery | DRT (2025)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1022/2024

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 05.08.2024

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DATE OF DECISION: 22.09.2025

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HDFC Bank Limited, having its Registered Office at Senapati Bapat Marg, Lower Parel–(West), Mumbai-400013 having its Branch Office at Bhikiwind, Amritsar and also at Plot No. I-15, Sector 101, ALFA IT City, Mohali, Punjab -160062 through its Authorized Representative, Sh. Dinesh Kumar.

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……..Applicant

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Versus

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Sh. Sukhjinder Singh S/o Sh. Mohan Singh R/o Wan Tara Singh Wan Khalra, Tarn Taran, Punjab.

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Sh. Gurwinder Singh S/o Sh. Mohan Singh R/o Wan Tara Singh Wan Khalra, Tarn Taran, Punjab.

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Sh. Mohan Singh S/o Sh. Surjan Singh R/o Wan Tara Singh Wan Khalra, Tarn Taran, Punjab.

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….……Defendants

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Advocates:

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Argued by Sh. Iqbal Mohammed, Advocate for Applicant

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Defendants already ex parte

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993, against the defendants for recovery of Rs.29,49,099.92p (Rupees Twenty Nine Lacs Forty Nine Thousand Ninety Nine Hundred and Paise Ninety Two Only). The Original Application has been filed through Sh. Dinesh Kumar, Authorized Representative o f the applicant, who is competent to institute the Original Application vide General Power of Attorney dated 17.01.2024, which is Annexure A1 to this OA.

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OA NO.1022/2024 HDFC BANK LIMITED VS SH. SUKHJINDER SINGH AND OTHERS

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The brief facts of the OA are that the defendants had approached the applicant for the grant of CC Limit of Rs.15.75 Lacs vide Loan Application dated 08.10.2015, which is Annexure A2 to this OA. Further, defendants approached the applicant for grant of Overdraft facility of Rs. 1.00 Lacs vide Loan Application dated 20.01.2017, which is Annexure A10 to this OA.

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The applicant sanctioned the of CC Limit of Rs.15.70 Lacs under KCC/KGC Scheme vide Sanction letter dated 14.10.2025, which is Annexures A3 to this OA. Further, applicant sanctioned OD Limit of Rs. 1.00 Lacs vide Sanction Letter dated 19.02.2017, which is Annexure A11 to this OA. The terms and conditions were duly accepted by the defendants.

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Defendant no.3 had mortgaged his immovable properties i.e. total land measuring 52K-00M situated at Village Wan, Tehsil Patti, District Tarn Taran, Punjab vide Declaration under Section 4(1) dated 21.10.2015, which is Annexure A7 to this OA. Registration of Bank Charge Letter dated 21.10.2015, which is Annexure A8 to this OA; Documents executed: - Term Loan cum-Guarantee-cumHypothecation Agreement, DP Note and Letter of Continuity for DP Note, all dated 26.10.2015, which are Annexures A4 to A6 to this OA; Title Search Report dated 21.10.2015, which is Annexure A9 to this OA; Overdraft-cum-Guarantee-cum-Hypothecation Agreement dated 20.02.2017, which is Annexure A12 to this OA; Recall Notice dated 27.02.2023, which is Annexure A13 to this OA; Account Statements, which are Annexures A14 & A15 to this OA and Certificate under Banker’s Book Evidence Act, which is Annexure A16 to this OA. 5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in both the loan accounts there was a debit of Rs.29,49,099.92p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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OA NO.1022/2024 HDFC BANK LIMITED VS SH. SUKHJINDER SINGH AND OTHERS
6. The defendants were served notices to appear before this Tribunal
but no one appeared on behalf of defendants and they were proceeded
ex-parte on 15.09.2025.
7. In support of the OA, affidavit ofSh. Dinesh Kumar, Manager
Legal, HDFC Bank Ltd.,has been filed.
8. Heard ex-parte arguments and perused record.
9. It was argued by learned counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant
had proved its case. From the perusal of all theAnnexures A1 to A16
to this OA, it is proved that the defendants approached applicant for availing of the loan facilities which were granted to them and for that they had executed all the relevant documents in favour of the applicant.
The defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, accounts of the
defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.29,49,099.92p (Rupees Twenty Nine Lacs Forty Nine Thousand Ninety Nine Hundred and Paise Ninety Two Only) along with interest
from the defendants, jointly and severally from the date of filing of the present Original Application till realization of the accounts.
10. In so far as pendente elite and future rate of interest is concerned,
the applicant in relief clause has claimed interest @12.00% p.a. with
half yearly rests along with penal interest @16% p.a. in CC Limit and
@12.00% p.a. with half yearly rests along with penal interest @ 14%
p.a. in OD from 21.06.2024 till the realization. The Tribunal is of the considered opinion that sometimes in
appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the
instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loans and prevalent market rates of interest
which have gone drastically downhill in yester years, while exercising
the discretion vested in this Tribunal, this Tribunal deems it just and

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OA NO.1022/2024

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HDFC BANK LIMITED VS SH. SUKHJINDER SINGH AND OTHERS

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appropriate to grant uniform simple interest @8.00%p.a. in both the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.29,49,099.92p (Rupees Twenty Nine Lacs Forty Nine Thousand Ninety Nine Hundred and Paise Ninety Two Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in both the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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Any other application pending stands disposed of . 13. Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 14.10.2025.

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 22.09.2025

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Hdfc Bank Limited v. Sh. Sukhjinder Singh and Others

Case brief

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Hdfc Bank Limited v. Sh. Sukhjinder Singh and Others

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