Hdfc Bank v. Gurpal Singh

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

BEFORE: A S NARANG, PRESIDING OFFICER

OA No: 1368/2022

Date of Institution: 05.07.2022 Date of Decision: 16.05.2025

HDFC Bank Limited having its branches all over India and a branch at Abohar Branch, Tehsil & District Firozepur, Punjab.

……..Applicant Vs. 1. Gurpal Singh s/o Sh. Simarjeet Singh, r/o House No.243, Village Patti Sadiq, Near Hargobind Gurdwara, Tehsil Abohar, District Ferozepur, Punjab. 2. Simarjeet Singh s/o Sh. Santa Singh, r/o House No.243, Village Patti Sadiq, Near Hargobind Gurdwara, Tehsil Abohar, District Ferozepur, Punjab. 3. Gurraj Singh s/o Sh. Simranjeet Singh, r/o House No.243, Village Patti Sadiq, Near Hargobind Gurdwara, Tehsil Abohar, District Ferozepur, Punjab. 4. Jeeta Singh s/o Sh. Jand Singh, r/o House No.274, Village Patti Sadiq, Near Hargobind Gurdwara, Tehsil Abohar, District Ferozepur, Punjab. ……….Defendants Advocates Sh. Abhinav Singla, proxy Counsel for Sh. Ankur Jindal, Counsel for the applicant bank. Defendants- ex parte vide order dated 23.01.2023 . OA for the Recovery of Rs.32,08,153.56p with interest @12% per annum with half-yearly rests from 05.07.2022. ORDER 1. HDFC Bank Limited, (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.32,08,153.56p with interest against Sh. Gurpal Singh and others (defendants).

2 2. Bank’s case is that on 24.05.2012, it had granted a loan of
Rs.22,13,000/- to defendant Nos.1 to 3 in the form of K.C.C Limit for
agricultural purpose. To secure the loan, Defendant No.1 and 3 had
mortgaged their land (fully detailed in para No.3A of the application).
Defendant No.4 stood as guarantor. The loan was chargeable to interest @12% per annum with half-yearly rests. Due to COVID 19, as per the guidelines of RBI, bank had sanctioned Rs.1,43,811/- and adjusted to
maintain the schedule of repayment in the main loan account. On 21.01.2022, a sum of Rs.32,08,153.56p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.
3. On 03.08.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 23.01.2023, they were proceeded_ex_ parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Parampreet Singh Kahlon, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A- 17.
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 loans and on 21.01.2022, a sum of Rs.32,08,153.56p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.32,08,153.56p (Rupees Thirty Two Lacs Eight Thousand One
Hundred Fifty Three and Fifty Six Paise Only) with interest @12% per
annum with half-yearly rests from 05.07.2022, till the date of payment is hereby allowed with costs. The liability of all the defendants would be