Allowed

Hdfc Bank v. Sh. Kuldeep Singh

DRT21 Feb 2025OA/1360/2022

Case brief

AI extract

What is this about?

Presiding Officer of DRT-I Chandigarh allowed the bank's application under Section 19 of the RDB Act to recover Rs.24.84 Lacs with interest against defendants who failed to repay agricultural loan. Court directed sale of mortgaged land and issuance of recovery certificate.

What did the court decide?

Recovery of Rs.24,84,147/- with interest @13% p.a. allowed; Recovery Certificate issued; direction to Recovery Officer to sell mortgaged land and crops.

Hdfc Bank versus Sh. Kuldeep Singh — Execution and Attachment | 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: 1360/2022 Date of Institution: 01.07.2022 Date of Decision: 21.02.2025

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HDFC Bank Limited, having its branches all over India and a branch at Sangat, Distt. Bathinda, Punjab.

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……..Applicant

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Vs.

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Sh. Kuldeep Singh s/o Sh. Labh Singh, r/o House No.44, Village Phulo Mithi, Tehsil and District Bathinda, Punjab.

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Sh. Labh Singh s/o Sh. Harnek Singh, r/o House No.44, Village Phulo Mithi, Tehsil and District Bathinda, Punjab.

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Smt. Jangir Kaur w/o Sh. Harnek Singh, r/o House No.44, Village Phulo Mithi, Tehsil and District Bathinda, Punjab.

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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.24,84,147/- with interest @13% 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.24,84,147/- with interest against Sh. Kuldeep Singh and others (defendants).

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Bank’s case is that on 06.11.2015, it had granted a loan of Rs.14.40 Lacs in the form of C.C Limit and Rs.5.50 Lacs in the form of Term Loan to defendants, for agricultural purpose. To secure the loans, Defendant No.1 and 2 had mortgaged their land (fully detailed in para No.3A of the application). The loan was chargeable to different rates of interest. On 04.03.2022, a sum of Rs.24,84,147/- was due from the

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defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 29.07.2022, 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 Sh. Parampreet Singh Kahlon, Assistant Manager along with loan and security documents and marked them as Exhibit A-1 to A-21. 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 under various schemes and on 04.03.2022, a sum of Rs.24,84,147/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.24,84,147/- (Rupees Twenty Four Lacs Eighty Four Thousand One Hundred Forty Seven Only) with interest @13% 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 land 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 24.03.2025, who is directed to distribute the sale proceeds of the mortgage land and standing crops as per the provisions of Section 19(20AB) 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: 21.02.2025 Presiding Officer DRT-1, Chandigarh

Hdfc Bank v. Sh. Kuldeep Singh

Case brief

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Hdfc Bank v. Sh. Kuldeep Singh

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