Allowed

Hdfc Bank v. Sh. Dharmender

DRT27 Aug 2025OA/1064/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's application to recover Rs.55.10 lakhs plus interest from borrowers and guarantors who failed to repay agricultural loans secured by mortgaged land, ordering sale of mortgaged property and issuance of a recovery certificate.

What did the court decide?

Application allowed; recovery of Rs.55,10,655/- with interest permitted; Recovery Certificate issued; directions for sale of mortgaged property and distribution of proceeds issued.

Hdfc Bank versus Sh. Dharmender — Contract and Commercial Disputes | DRT (2025)

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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:1064/2022 Date of Institution: 09.06.2022 Date of Decision: 27.08.2025

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HDFC Bank Limited at Uklana Mandi, Hisar, Haryana

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……..Applicant

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Vs.

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Sh. Dharmender S/o Ishwar, R/o Daulatpur (124), Bus stand road, Hisar, Haryana-125121

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Sh. Jitender Kumar S/o Sh. Ishwar Singh, r/o House No.1909-P, Ward No.27, Sector-16-17, Near Mother Pride School, Hisar, Haryana-125001

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Sh. Ishwar Singh S/o Sh. Ram Sawrup, R/o Daulatpur (124), Bus stand road, Hisar, Haryana-125121

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Smt. Bimla Devi W/o Sh. Ishwar Singh, R/o Daulatpur(124), Bus stand road, Hisar, Haryana-125121

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Sh. Randhawa S/o Sh. Mewa Singh, R/o Daulatpur(124), Bus stand road, Hisar, Haryana-125121

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……….Defendants

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Advocates

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Sh. Amit Rishi, Counsel for the applicant bank. Defendants- ex parte .

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OA for the Recovery of Rs.55,10,655/- with interest @11% per annum with half yearly rests from 09.06.2022.

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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.55,10,655/- with interest against Sh. Dharmender and others (defendants).

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Bank’s case is that on 17.07.2019, it had granted a loan of Rs.14.00 Lacs in the form of CC-I, Rs.26.50 Lacs in the form of CC-II

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and Rs.7.00 Lacs in the form of Term Loan to defendant Nos. 1 to 4 for agricultural purpose. Defendant No. 5 stood as guarantor. To secure the loan, Defendant Nos. 1 to 4 had mortgaged their agricultural land (fully detailed in para No.3A of the application). The CC Limit-I and II were chargeable to interest @13% per annum with half yearly rests and Term Loan was chargeable to interest @16% per annum with half yearly rests. On 08.04.2022, a sum of Rs.55,10,655 /- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 15.07.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 09.06.2023, Defendant No. 2 was proceeded ex parte and Vide order dated 10.01.2024, Defendant Nos. 1, 3 to 5 were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-12. 5. 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 loan of Rs.47.50 Lacs and on 08.04.2022, a sum of Rs.55,10,655/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.55,10,655/- (Rupees Fifty Five Lacs Ten Thousand Six Hundred Fifty Five Only) with interest @11% per annum with half yearly rests from 09.06.2022, 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 property(ies) fully detailed in para No.3A 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. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 04.10.2025 , who is directed to distribute the sale proceeds of the mortgage property(ies) and standing crops as per the provisions of Section 19(20-AB) 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:27.08.2025 Presiding Officer DRT-2, Chandigarh (Additional charge)

Hdfc Bank v. Sh. Dharmender

Case brief

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Hdfc Bank v. Sh. Dharmender

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