Allowed

Hdfc Bank v. Balvir Singh

DRT22 Jul 2025OA/1406/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application by HDFC Bank for recovery of Rupees 55,35,932 with interest against three respondents who were absent. The court ordered issuance of a recovery certificate and directed sale of mortgaged property to satisfy the dues.

What did the court decide?

Recovery of Rs. 55,35,932 with interest; issuance of Recovery Certificate; direction for sale of mortgaged land and standing crops.

Hdfc Bank versus Balvir 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: 1406/2022 Date of Institution: 12.07.2022 Date of Decision: 22.07.2025

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HDFC Bank Limited having its branches all over India and a branch at Malsian Branch, District Jalandhar, Punjab.

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……..Applicant

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Vs.

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Balvir Singh s/o Sh. Jagtar Singh, r/o Village Rupowali, Tehsil Shahkot, District Jalandhar, Punjab.

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Jagtar Singh s/o Sh. Shingara Singh, r/o Village Rupowali, Tehsil Shahkot, District Jalandhar, Punjab.

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Malkit Singh s/o Sh. Gurmail Singh, r/o Village Patti Haweli Malsian, Tehsil Shahkot, District Jalandhar, Punjab.

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……….Defendants

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Advocates

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Sh. Saurabh Bhardwaj, Counsel for the applicant bank. Defendants - ex parte vide order dated 17.05.2023 .

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OA for the Recovery of Rs.55,35,932/- with interest @10.25% per annum with half-yearly rests from 12.07.2022.

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ORDER

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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.55,35,932/- with interest against Sh. Balvir Singh and others (defendants).

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Bank’s case is that on 17.06.2015, it had granted a loan of Rs.32.00 Lacs to defendant Nos. 1 and 2 in the form of C.C Limit for agricultural purpose. The above mentioned limit was enhanced from Rs.32.00 Lacs to Rs.35.20 Lacs vide sanction letter dated 18.05.2017. To secure the loan, Defendant No. 2 had mortgaged his agricultural land (fully detailed in para No.3A of the application). Defendant No.3 stood as guarantor. The loan

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was chargeable to interest @10.25% per annum with half-yearly rests. On 15.01.2022, a sum of Rs.55,35,932/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 16.08.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 17.05.2023, 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, Manager along with the loan and security documents and marked them as Exhibit A-1 to A-15. 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.35.20 Lacs and on 15.01.2022, a sum of Rs.55,35,932/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.55,35,932/- (Rupees Fifty Five Lacs Thirty Five Thousand Nine Hundred Thirty Two Only) with interest @10.25% per annum with halfyearly rests from 12.07.2022, 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 agricultural 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 28.08.2025, who is directed to distribute the sale proceeds of the mortgaged 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: 22.07.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Balvir Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Balvir Singh

Case brief

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What did the court decide?

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