The DRT allowed the bank's application for recovery of an agricultural loan. The Tribunal held the defendants liable for the debt plus interest at 8% p.a. and ordered the issuance of a Recovery Certificate.
Granted recovery of Rs. 25,58,830.36 plus 8% simple interest and ordered issuance of Recovery Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ORIGINAL APPLICATION NO.1407/2025
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 19.09.2025
DATE OF DECISION: 19.11.2025
HDFC Bank Limited, having its Registered Office at: Senapatі Ваpat Мarg, Lower Parel–(West), Mumbai- 400013
Also at: - HDFC Bank House Plot No. I-15, Sector 101 Alpha, IT City, Mohali Also at: - HDFC Bank Branch, Patti, Tarn Taran, Punjab Through Its Authorised Representative, Mr. Dinesh Kumar.
……..Applicant
Versus
………Defendants
Advocates:
Present: Sh. Sachin Malik, Advocate proxy for Sh. Rajesh Jhangra, Advocate for Applicant
Defendants already ex parte
FINAL ORDER
2 OA NO.1407/2025 HDFC BANK LIMITED VS SH. SHER SINGH AND ANOTHER
Lacs vide application form dated 20.12.2017, which is Annexures A2 to this OA.
(i) Land measuring 34K-19M, situated at Village Bhura Kohna, Tehsil Patti, District Tarn Taran, Punjab.
(ii) Land measuring 24K-10M, situated at Village Muthianwala, Tehsil Patti, District Tarn Taran, Punjab vide Declaration u/s 4(1) dated 22.01.2018 and letter to Sub Registrar for creation of charge, which are Annexure A5 (Colly) to this OA. Documents executed:- DP Note, Letter of Continuity for DP, Agreement for Overdraft/Cash Credit cum Guarantee cum Hypothecation, all dated 07.02.2018, which are Annexure A4 (Colly) to this OA; Demand Notice dated 22.03.2025, along with postal receipts, which is Annexure A6 (Colly) to this OA and Statement of accounts, which is Annexure A7(Colly) to this OA.
3 OA NO.1407/2025 HDFC BANK LIMITED VS SH. SHER SINGH AND ANOTHER
The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property/hypothecated assets, undertaking of the defendants, quantum of loans and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @08.00%p.a. in both the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.
4 OA NO.1407/2025 HDFC BANK LIMITED VS SH. SHER SINGH AND ANOTHER
Hundred Thirty & Paise Thirty Six Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in both the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of mortgaged properties/hypothecated assets of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law. 12. Any other application pending stands disposed of . 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 01.12.2025. 15. Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 19.11.2025 (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh
1 issue framed by the court
Whether the applicant is entitled to recovery of the outstanding loan amount and issuance of Recovery Certificate.
2 provisions across 2 enactments
HDFC Bank Limited
Sh. Sher Singh
Smt. Sukhbir Kaur
Mridulesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
