Allowed

Hdfc Bank v. Sukhmander Singh

DRT20 Feb 2025OA/1323/2022

Case brief

AI extract

What is this about?

The DRT allowed the bank application for recovery of ₹26.24 lakh plus interest against defendants who failed to repay agricultural loans. The court ordered the recovery certificate to be issued and directed the sale of mortgaged properties under Section 19(20-AB) of the RDB Act. The judgment was pronounced ex parte as defendants did not appear.

What did the court decide?

Recovery of Rs.26,24,387/- with interest, joint and several liability of defendants, and order to sell mortgaged property.

Hdfc Bank versus Sukhmander Singh — Contract and Commercial Disputes | 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: 1323 of 2022 Date of Institution: 01.07.2022 Date of Decision: 20.02.2025

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HDFC Bank Ltd. having its branches all over India and a branch at Raman, District Bathinda, Punjab.

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……..Applicant

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Vs.

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Sukhmander Singh s/o Makhan Singh r/o H.no. 226, Village Phullo, Tehsil Dabwali, District Sirsa.

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Pritpal Singh s/o Makhan Singh r/o H.no. 226, Village Phullo, Tehsil Dabwali, District Sirsa.

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Raj Singh s/o Gamdur Singh r/o H.no.60, Village Phullo, Tehsil Dabwali, District Sirsa.

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……….Defendants

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Advocates

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Sh. JS Sehgal, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.26,24,387/- with interest @12% per annum with half-yearly rests from 01.07.2022.

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ORDER

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HDFC Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.26,24,387/- with interest against Sh. Sukhmander Singh and others (defendants).

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Bank’s case is that on 23.09.2013, it had granted a CC Limit of Rs.19.17 Lacs and Term loan of Rs.5.52 Lacs to Defendant nos. 1 and 2 for agricultural purpose. To secure the loan, Defendant no. 1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant no. 3 stood as the guarantor. The loan was chargeable to interest @12% per annum with half-yearly rests. On 01.10.2021, a sum

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of Rs.26,24,387/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 25.07.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 12.01.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Parampreet Singh Kahlon, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A- 17.

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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 loans under various schemes and on 01.10.2021, a sum of Rs.26,24,387/- was due.

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Accordingly, the application of the bank for the recovery of Rs.26,24,387/- (Rupees Twenty Six Lacs Twenty Four Thousand Three Hundred Eighty Seven Only) with interest @12% per annum with halfyearly rests from 01.07.2022, 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 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.

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Parties are directed to appear before Recovery Officer on

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21.03.2025, who is directed to distribute the sale proceeds of the

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mortgaged 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: 20.02.2025 Presiding Officer DRT-1, Chandigarh

Hdfc Bank v. Sukhmander Singh

Case brief

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Hdfc Bank v. Sukhmander Singh

Case brief

What is this about?

What did the court decide?

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