Allowed

Hdfc Bank v. Abhimanyu Singh Jadon

DRT23 Apr 2025OA/1604/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of Rs. 28.72 lakh outstanding dues. The Tribunal held that a certified statement of account constitutes a valid claim of due and completed the liability of borrowers who failed to pay a housing loan despite foreclosure of assets.

What did the court decide?

Joint and several liability to pay Rs. 28,72,562 with future interest at 10% p.a.; entitlement to recover from personal assets; costs awarded.

Hdfc Bank versus Abhimanyu Singh Jadon — Banking and Recovery | DRT (2025)

¶1

“ORIGINALAPPLICATION” No. 1604 of 2023

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

¶4

O.A. NO. 1604 OF 2023

¶5

DATE OF DELIVERY OF ORDER 23.04.2025

¶6

HDFC Bank Limited Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, West Mumbai400013 and Branch Officer at C-25, Bhagwan Das Road, Opp. St. Xaviers School, C-Scheme, Jaipur, Rajasthan-302001, through its Authorized Signatory Sh. Vinay Arora S/o Sh. Vijay Prakash Arora.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Abhimanyu Singh Jadon S/o Sh. Bhanwar Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019.

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Also At :-

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Mr. Abhimanyu Singh Jadon, s/o Sh. Bhanwar Singh Jadon, Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

OA No. 1604 of 2023

2. Mrs. Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019

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Also At :-

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Mrs.Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon , Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

¶18

……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma & Sh. Akash Sharma Defendant no. 1 Sh. Yogesh Pujari Defendant no. 2 None

¶20

JUDGMENT

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This Original Application was filed by the applicant bank on 04.12.2023 for recovery of outstanding amount of Rs. 28,72,562/- from the Defendants.

¶22

As per the pleadings, Defendant in the capacity of the borrower/co-borrower/Mortgagor had approached the applicant bank for availing Housing Loan Facility. After due consideration of credit worthiness of the defendants, loan of Rs. 24,79,822/- was sanctioned by the Applicant Bank vide Home Amendatory cum Supplemental Agreement dated 28.08.2014 and the facility was to be repaid in 240 installments starting from 05.10.2014 and ending on 05.09.2034. Defendants failed to maintain

OA No. 1604 of 2023

financial discipline and therefore, their loan account was classified as NPA and bank has issued Demand notice under Section 13(2) dated 31.07.2017. Despite service of the demand notice the defendant failed to pay the amount and thus the applicant bank took possession of the mortgaged property on 14.10.2020. After taking possession, the applicant bank issued notice under Rule 8(6) dated 10.11.2021 and auctioned the property of Rs. 22.00 Lac and Sale Certificate has been issued on 22.03.2022. After appropriation of sale consideration in the loan account of the borrower, still Rs. 28,72,562/- as on 31.10.2023 is due and recoverable from the defendant, therefore, applicant bank has filed this original application for recovery of its dues against the Defendants.

¶27

Heard arguments and perused the record.

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Summons were issued to the Defendants on 22.07.2024 and on 27.12.2024 Sh. Yogesh Pujari appeared on behalf of the Defendant no. 1.

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Ld. Counsel who appeared for Defendant no. 1 submits that he has sought time to take instructions on behalf of the Defendant No. 2. Counsel for the defendants also submits that on 1st February, 2025, matter was listed before Ld. Registrar and he requested the same but nothing is mentioned in the order sheet regarding this fact and in the order sheet, it was mentioned that none appeared.

¶30

Service of the defendants has already been completed, but reply has not been filed. Counsel defendants submits that

OA No. 1604 of 2023

he has filed reply for Defendant no. 1 today, but the same cannot be taken on record as it has already been notified that same day filing of the pleading cannot be taken on record. Therefore, it is presumed that there is no reply filed by the defendants.

¶35

Counsel for the Defendant No. 1 & 2 submits that Defendant No. 1 & 2 are husband and wife and because of some personal reasons, reply was be filed.

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The applicant bank has sold the mortgaged property and since the property has already been sold counsel for the defendants has taken the plea of limitation and submitted that Original Application was to be filed within 3 years from the date first of default. The counsel further submits that the bank has not disclosed as to whether that amount has been adjusted simply having filed statement of account will not dissolve them from their liability to adjust said amount. Service has not been challenged, therefore, grant of loan, availment of loan, default in the loan and mortgaged of the property all stand admitted.

¶37

There is limited scope under 13(10) and once a statement of account is filed duly certified under Bankers Books Evidence Act, the due adjustment has already been given. Therefore, the Tribunal is of the opinion that the claim of the bank is proved.

¶38

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/7 marked on behalf of the applicant

OA No. 1604 of 2023

bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶43

In the result, this O.A. No. 1604 of 2023 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 28,72,562 (Rupees Twenty Eight Lac Seventy Two Thousand Five Hundred and Sixty Two only) with future interest @ 10% (Simple) p.a. from the date of filing of this Original Application.

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b) The applicant bank is entitled to recover the above amount from the sale of the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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12.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶48

13.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 15.07.2025 .

OA No. 1604 of 2023

14.Prepare Recovery Certificate accordingly.

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15.A copy of the Judgment and Recovery Certificate be given

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or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer

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of this Tribunal for necessary action as per the law.

¶56

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 23.04.2025 .

¶58

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1604 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1604 OF 2023

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DATE OF DELIVERY OF ORDER 23.04.2025

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Mr. Abhimanyu Singh Jadon S/o Sh. Bhanwar Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019.

¶72

Also At :-

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Mr. Abhimanyu Singh Jadon, s/o Sh. Bhanwar Singh Jadon, Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

OA No. 1604 of 2023

2. Mrs. Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019

¶78

Also At :-

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Mrs.Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon , Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

¶80

……Defendants…..

¶81

Recovery Certificate for Rs.28,72,562/-

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In terms of final order dated 23.04.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 28,72,562/- (Rupees Twenty Eight Lac Seventy Two Thousand Five Hundred and Sixty Two only) with future interest @ 10% (Simple) p.a. from the date of filing of this Original Application.

¶84

b) The applicant bank is entitled to recover the above amount from the sale of the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

OA No. 1604 of 2023

c) The applicant bank is entitled to the costs of the O.A.

¶89

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 15.07.2025.

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on 23.04.2025 .

¶92

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1604 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶97

PRESENT- SHRI VIMAL GUPTA

¶98

PRESIDING OFFICER

¶99

O.A. NO. 1604 OF 2023

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DATE OF DELIVERY OF ORDER 23.04.2025

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

¶103

¶104

…..Applicant Bank…..

¶105

VERSUS

¶106

1. Mr. Abhimanyu Singh Jadon S/o Sh. Bhanwar Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019.

¶107

Also At :-

¶108

Mr. Abhimanyu Singh Jadon, s/o Sh. Bhanwar Singh Jadon, Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

OA No. 1604 of 2023

2. Mrs. Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon, Add:- C-147, Flat No. 6, First Floor, Vatika Apartment, Nirman Nagar, Jaipuir- 302019

¶113

Also At :-

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Mrs.Pushpendra Kanwar w/o Mr. Abhimanyu Singh Jadon , Add:- Indergarh Fort Resort And Restaurant, Near Indergarh Toll Plaza, Kota-Lalsot Highway, Indergarh, Bundi-323613, Rajasthan.

¶115

……Defendants…..

¶116

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	31,000.00
2	Process Fee (Inc. Publication)	184.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	32,434.00

¶117

(Vimal Gupta)

¶118

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1604 of 2023

Date : 23.04.2025

¶123

Counsel:

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Sh. Vineet Sharma & Sh. Akash Sharma, Counsel for Applicant Bank

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Sh. Yogesh Pujari, Counsel for the Defendant No. 1 None for the Defendant no. 2

¶126

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

¶127

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1604 of 2023

Date : 23.04.2025

¶132

Counsel:

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Sh. Vineet Sharma & Sh. Akash Sharma, Counsel for Applicant Bank

¶134

Sh. Yogesh Pujari, Counsel for the Defendant No. 1 None for the Defendant no. 2

¶135

The Tribunal vide order dated 23.04.2025 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶136

The Registrar vide order dated 23.04.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶137

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶138

Hdfc Bank v. Abhimanyu Singh Jadon

Case brief

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Hdfc Bank v. Abhimanyu Singh Jadon

Case brief

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