Allowed

Hdfc Bank v. Takhi Devi

DRT26 Aug 2025OA/1558/2022

Case brief

AI extract

What is this about?

In this OA, the applicant bank sought recovery of Rs. 52,11,920/- plus interest from two defendants, joint and several liable, who mortgaged land as security for agricultural loans. Being proceeded with ex parte due to non-appearance, the tribunal validated the bank's evidence, allowed the recovery application, directed the sale of mortgaged assets, and issued a recovery certificate.

What did the court decide?

Recovery of Rs. 52,11,920/- with 13% interest, costs issued, Recovery Certificate issued, sale of mortgaged land with crops ordered.

Hdfc Bank versus Takhi Devi — 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: 1558/2022 Date of Institution: 29.07.2022 Date of Decision: 26.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Waryam Khera, District Fazilka, Punjab.

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……..Applicant

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Vs.

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Takhi Devi w/o Sh. Anant Ram, r/o Village Sherewala, Tehsil Abohar, District Fazilka, Punjab.

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Hanuman Anant Ram s/o Sh. Anant Ram, r/o Village Sherewala, Tehsil Abohar, District Fazilka, Punjab.

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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 21.04.2023 .

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OA for the Recovery of Rs.52,11,920/- with interest @13% per annum with half-yearly rests from 29.07.2022.

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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.52,11,920/- with interest against Smt. Takhi Devi and another (defendants).

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Bank’s case is that on 04.05.2015, it had granted a K.C.C. Limit of Rs.15.00 Lacs and a Term Loan of Rs.4.20 Lacs to defendant Nos. 1 and 2 for agricultural purpose. On 06.07.2019, the applicant bank transferred the K.C.C. Limit into two Term Loan Accounts of Rs.15,07,660/- and Rs.9,41,265/-. To secure the loans, Defendant had mortgaged his land (fully detailed in para No.3A of the application). The loans were chargeable to different rates of interest. On 08.03.2022, a sum of Rs.52,11,920/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 29.09.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 21.04.2023, 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, Assistant Manager 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 loan of Rs.19.20 Lacs and on 08.03.2022, a sum of Rs.52,11,920/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.52,11,920/- (Rupees Fifty Two Lacs Eleven Thousand Nine Hundred Twenty Only) with interest @13% per annum with half-yearly rests from 29.07.2022, 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 06.10.2025, 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 . 10. 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: 26.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Takhi Devi

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Takhi Devi

Case brief

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