Allowed

Hdfc Bank v. Sobha Singh

DRT13 Aug 2025OA/1268/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an application by HDFC Bank for recovery of an outstanding loan of Rs.20.43 lakh with interest from two borrowers. The application was heard ex parte after the borrowers failed to appear. The Tribunal authorized recovery from mortgaged land and issued a Recovery Certificate.

What did the court decide?

Recovery of Rs.20,43,738.36 with interest from the respondents, joint and several liability, recovery via sale of mortgaged land, and issuance of a Recovery Certificate.

Hdfc Bank versus Sobha Singh — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1268/2022 Date of Institution: 13.06.2022 Date of Decision: 13.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Tarsikka, Tehsil Baba Bakala, District Amritsar, Punjab.

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……..Applicant

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Vs.

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Sobha Singh s/o Sh. Chanan Singh, r/o House No.532, Part-4, Village Tarsikka, Tehsil Baba Bakala, District Amritsar, Punjab.

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Nirmal Kaur w/o Sh. Sobha Singh, r/o House No.532, Part-4, Village Tarsikka, Tehsil Baba Bakala, District Amritsar, Punjab.

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……….Defendants

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Advocates

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Sh. Abhinav Singla proxy counsel for Sh. Ankur Jindal, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 01.03.2023 .

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OA for the Recovery of Rs.20,43,738.36p with interest @12% per annum with half-yearly rests from 13.06.2022.

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ORDER

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HDFC Bank Limited has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.20,43,738.36p with interest against Sh. Sobha Singh and another (defendants).

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Bank’s case is that on 27.01.2014, it had granted a C.C. Limit of Rs.15.00 Lacs and a Term Loan of Rs.4.00 Lacs under KGC Scheme to defendant Nos. 1 and 2 for agricultural purpose. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). The loans were chargeable to different rates of interest with half-yearly rests. On 18.01.2022, a sum of Rs.20,43,738.36p was due

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from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 13.07.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 01.03.2023, they were proceeded_ex parte_.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Harminder Pal Singh, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-18. 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 total loan of Rs.19.00 Lacs (Rs.15.00 Lacs in C.C. Limit and Rs.4.00 Lacs in Term Loan) and on 18.01.2022, a sum of Rs.20,43,738.36p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.20,43,738.36p (Rupees Twenty Lacs Forty Three Thousand Seven Hundred Thirty Eight and Paise Thirty Six Only) with interest @12% per annum with half-yearly rests from 13.06.2022, till the date of payment is
hereby allowed with costs. The liability of both the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.
7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on
23.09.2025,who is directed to distribute the sale proceeds of the
mortgaged land and standing crops as per the provisions of Section 19(20- AB) of the Act.

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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: 13.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Sobha Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sobha Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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