Allowed

Hdfc Bank v. Mohammad Yousuf Reshi

DRT22 Aug 2025OA/1495/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by HDFC Bank Limited for recovery of Rs. 26.62 lakhs with interest against two defendants who failed to repay loans for C.C limits and a term loan. The court affirmed the debts by sale of mortgaged land and recovery from personal assets.

What did the court decide?

Recovery of Rs. 26,62,535/- with interest @12% p.a. allowed; Recovery Certificate issued; Sale of mortgaged land ordered.

Hdfc Bank versus Mohammad Yousuf Reshi — 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: 1495/2022 Date of Institution: 25.07.2022 Date of Decision: 22.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Anantnag, Jammu & Kashmir.

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……..Applicant

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Vs.

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Mohammad Yousuf Reshi s/o Ghulam Ahmad, r/o 172- Reban gund Behram P.O Yaaripora, PS Zainapora, Shopian, Jammu & Kashmir.

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Altaf Ahmad Lone s/o Ghulam Mohi Ud din, r/o 46- Reban gund Behram P.O Yaaripora, PS Zainapora, Shopian, Jammu & Kashmir.

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……….Defendants

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Advocates

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Sh. J.S. Sehgal, Counsel for the applicant bank. Defendants - ex parte vide order dated 21.07.2023 .

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OA for the Recovery of Rs.26,62,535/- with interest @12% per annum with half-yearly rests from 25.07.2022.

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ORDER

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HDFC Bank Limited has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.26,62,535/- with interest against Mr. Mohammad Yousuf Reshi and another (defendants).

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Bank’s case is that on 17.03.2012, it had granted a loan of Rs.10.25 Lacs to defendant No.1 in the form of C.C Limit 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.2 stood as guarantor. On 17.01.2017, as per the guidelines of the RBI, a Term Loan of Rs.2,75,712/was granted to the defendants. The loans were chargeable to interest

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@12% per annum with half-yearly rests. On 08.04.2022, a sum of Rs.26,62,535/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 21.09.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 21.07.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Assistant 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 loans under various schemes and on 08.04.2022, a sum of Rs.26,62,535/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.26,62,535/- (Rupees Twenty Six Lacs Sixty Two Thousand Five Hundred Thirty Five Only) with interest @12% per annum with halfyearly rests from 25.07.2022, till the date of payment is hereby allowed with costs. The liability of both 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. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 01.10.2025, 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: 22.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Mohammad Yousuf Reshi

Case brief

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Hdfc Bank v. Mohammad Yousuf Reshi

Case brief

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