Hdfc Bank versus Suresh

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“ORIGINALAPPLICATION” No. 1615 of 2023

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1615 OF 2023

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DATE OF DELIVERY OF ORDER 19.09.2025

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HDFC Bank Limited, Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai – 40013, Branch Office is : G.S. Complex, Link Road, Bagru, Distt. Jaipur- 303007, through authorized signatory Gurpreet Singh Gambhir.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Suresh Jat S/o Mr. Baktavar Jat R/o Khajpura key dhaani,Peegen, Sali, Jaipur- 303008 Rajasthan.

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2. Mr. Bakhtavar S/o Mr. Chittar R/o Khajpura, Sali Jaipur303008, Rajasthan.

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3. Mr. Ramprasad S/o Mr. Bakhtavar R/o Chandiwale ka Mohalla, Khajpura, th. Mozmabad, Khajpura, Sali, Jaipur 303008, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Ms.Vidisha Kaul Defendants None

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JUDGMENT

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This Original Application was filed by the applicant bank on 30.11.2023 for recovery of outstanding amount of Rs. 34,47,313.04 from the Defendants.

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OA No. 1615 of 2023

As per the pleadings, Defendants approached the applicant bank and requested to avail various loan facilities namely Cash Credit Finance Facility, Term Loan facility and Farm Development Dropline Overdraft facility. After due consideration, the applicant bank has sanctioned various finance facilities namely Agri Term Loan, Agri Cash Credit and Farm Development Dropline Overdraft Facilities in favour of Defendants vide sanction letters dated 22.01.2016. The defendants availed a working capital loan facility in the form of Cash Credit under KGC Scheme of a total limit to the tune of Rs. 18.00 Lac and the limit was renewable annually. The facility was to be repaid by the defendants along with the interest at the rate of 12% on half yearly basis. The defendants also availed a Farm Development Dropline Overdraft Facility for crop production, the applicant bank for a total limit to the tune of Rs. 1.90 Lac and the same was also renewable annually. The facility was to be repaid by the defendants with the interest rate of 15.50% on half yearly basis. In the period of COVID-19 pandemic, the defendants were unable to make repayments and defendants made earnest request for a term loan finance facility. The applicant bank in terms to the request, sanctioned a term loan facility for sum of Rs. 1,62,668.74/-.

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Defendants failed to maintain financial discipline and committed defaults on regular basis on account of which the applicant bank issued recall notice under on 11.10.2023, but the defendants failed to clear the due amount therefore,

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OA No. 1615 of 2023

the applicant bank has filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 08.04.2025 and affidavit of service has been filed by the, as per the service the Defendant no. 1 misbehaved and abused to the Bank officials and Defendant no. 2 also do not accept the summons and stated that they have nothing to do with the loan which is only availed by the defendant no. 1.

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Heard arguments and perused the record.

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In view of the affidavit of service filed by the Authorized Officer Sh. Gurpreet Singh Gambhir, the defendants misbehaved with the bank officials and this is a fit case where final orders must be passed as no borrower can take law into their own hand and misbehave with the bank officials in such a fashion. This arrogance shows that they do not wish to pay.

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As stated supra, the Applicant Bank filed the evidence affidavit of Sh. Gurpreet Singh Gambhir, coupled with the recitals in the documents, viz Exhibit AW/1 to AW/8 marked on behalf of the applicant 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.

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In the result, this O.A. No. 1615 of 2023 is allowed declaring that:-

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OA No. 1615 of 2023

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 34,47,313.04 (Rupees Thirty Four Lac Forty Seven Thousand Three Hundred Thirteen and Four Paisa only) with future interest @ 10.00% half yearly from 09.11.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of the mortgaged property i.e. Agricultural Property situated at “Kahta No. 69, 70, 71 and 72 Khajpura, TehDudu, Jaipur admeasuring 46.33 Acres owned by Bakhtavar s/o Chittar and 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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The recovery certificate be issued forthwith and be sent to

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the Recovery Officer, DRT, Jaipur.

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OA No. 1615 of 2023

10.Parties are directed to appear before the Recovery Officer,

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DRT, Jaipur on 09.12.2025 .

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11.Prepare Recovery Certificate accordingly.

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12.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 of this Tribunal for necessary action as per the law.

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

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Order pronounced in the open court today i.e. 19.09.2025 .

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

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Uploaded and signed on 23.09.2025.

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OA No. 1615 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1615 OF 2023

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DATE OF DELIVERY OF ORDER 19.09.2025

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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)

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HDFC Bank Limited, Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai – 40013, Branch Office is : G.S. Complex, Link Road, Bagru, Distt. Jaipur- 303007, through authorized signatory Gurpreet Singh Gambhir.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Suresh Jat S/o Mr. Baktavar Jat R/o Khajpura key dhaani,Peegen, Sali, Jaipur- 303008 Rajasthan.

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2. Mr. Bakhtavar S/o Mr. Chittar R/o Khajpura, Sali Jaipur303008, Rajasthan.

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3. Mr. Ramprasad S/o Mr. Bakhtavar R/o Chandiwale ka Mohalla, Khajpura, th. Mozmabad, Khajpura, Sali, Jaipur 303008, Rajasthan.

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……Defendants…..

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Recovery Certificate for Rs. 34,47,313.04

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In terms of final order dated 19.09.2025 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

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pay to the applicant bank a sum of Rs.

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OA No. 1615 of 2023

34,47,313.04 (Rupees Thirty Four Lac Forty Seven Thousand Three Hundred Thirteen and Four Paisa only) with future interest @ 10.00% half yearly from 09.11.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of the mortgaged property i.e. Agricultural Property situated at “Kahta No. 69, 70, 71 and 72 Khajpura, TehDudu, Jaipur admeasuring 46.33 Acres owned by Bakhtavar s/o Chittar and 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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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.12.2025.

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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

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OA No. 1615 of 2023

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.

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

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Uploaded and signed on 23.09.2025.

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OA No. 1615 of 2023

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1615 OF 2023

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DATE OF DELIVERY OF ORDER 19.09.2025

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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HDFC Bank Limited, Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai – 40013, Branch Office is : G.S. Complex, Link Road, Bagru, Distt. Jaipur- 303007, through authorized signatory Gurpreet Singh Gambhir.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Suresh Jat S/o Mr. Baktavar Jat R/o Khajpura key dhaani,Peegen, Sali, Jaipur- 303008 Rajasthan.

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2. Mr. Bakhtavar S/o Mr. Chittar R/o Khajpura, Sali Jaipur303008, Rajasthan.

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3. Mr. Ramprasad S/o Mr. Bakhtavar R/o Chandiwale ka Mohalla, Khajpura, th. Mozmabad, Khajpura, Sali, Jaipur 303008, Rajasthan.

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……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	37,505.00
2	Process Fee (Inc. Publication)	277.00
3	Advocate Fee	1,250.00

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OA No. 1615 of 2023

4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	39,032.00

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

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Uploaded and signed on 23.09.2025.

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OA No. 1615 of 2023

Date : 19.09.2025

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Counsel:

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Ms Vidisha Kaul, Counsel for Applicant Bank None for the Defendants

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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.

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

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Uploaded and signed on 23.09.2025.

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OA No. 1615 of 2023

Date : 19.09.2025

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Counsel:

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Ms Vidisha Kaul, Counsel for Applicant Bank None for the Defendants

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The Tribunal vide order dated 19.09.2025 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 19.09.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be 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.

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

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Uploaded and signed on 23.09.2025.

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Hdfc Bank v. Suresh

Case brief

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What did the court decide?

Hdfc Bank v. Suresh

Case brief

What is this about?

What did the court decide?

What the court decided

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