Allowed

Hdfc Bank v. Gurdeep Singh Cheema

DRT18 Aug 2025OA/1686/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an order for recovery filed by HDFC Bank Limited against two defendants. The court found the bank proved its case regarding an agricultural loan with mortgage security and granted recovery of dues with interest, directing issuance of a recovery certificate and appearance for distribution of sale proceeds.

What did the court decide?

Recovery of Rs.37,28,048.36p with interest and costs allowed; recovery certificate issued; appearance directed for distribution of sale proceeds.

Hdfc Bank versus Gurdeep Singh Cheema — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 1686/2022 Date of Institution: 10.08.2022 Date of Decision: 18.08.2025

¶4

HDFC Bank Limited having its branches all over India and a branch at 5^th Floor, B-21-14570, GT Road, Dholewal Chownk, Ludhiana, Punjab.

¶5

……..Applicant

¶6

Vs.

¶7

Gurdeep Singh Cheema s/o Sh. Randhir Singh Cheema, r/o House No. 904, Sector 36, Near Park, Tehsil District Chandigarh.

¶8

Gurmeet Singh Cheema s/o Sh. Jagdeep Singh Cheema, r/o Village Karimpura (Nogawan) Tehsil and District Fatehgarh Sahib, Punjab. ……….Defendants

¶9

Advocates

¶10

Sh. Abhinav Singla proxy counsel for Sh. Ankur Jindal, Counsel for the applicant bank.

¶11

Defendants - ex parte vide order dated 04.12.2023 .

¶12

OA for the Recovery of Rs.37,28,048.36p with interest @11% per annum with half-yearly rests from 10.08.2022.

¶13

ORDER

¶14

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.37,28,048.36p with interest against Sh. Gurdeep Singh Cheema and another (defendants).

¶15

Bank’s case is that on 27.10.2016, it had granted a C.C. Limit of Rs.12.00 Lacs and another C.C. Limit of Rs.8.50 Lacs and a Term Loan of Rs.4.30 Lacs under KGC Limit to defendant No.1 for agricultural purpose. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No. 2 stood as guarantor for all the facilities. The loans were chargeable to interest

¶16

¶17

@11% per annum with half-yearly rests. On 05.03.2022, a sum of Rs.37,28,048.36p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶18

On 03.11.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 04.12.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Mrs. Pooja Arora, Remedial Manager along with the loan and security documents and marked them as Exhibit A-1 to A-16. 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 total loan of Rs.24.80 Lacs and on 05.03.2022, a sum of Rs.37,28,048.36p was due. 6. Accordingly, the application of the bank for the recovery of Rs.37,28,048.36p (Rupees Thirty Seven Lacs Twenty Eight Thousand Forty Eight and Paise Thirty Six Only) with interest @11% per annum with half-yearly rests from 10.08.2022, 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 25.09.2025, 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 .

¶19

¶20

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: 18.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Gurdeep Singh Cheema

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Gurdeep Singh Cheema

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bank of India versus M/s Shekhar Enterprises

Arvind Dubey and others versus Canara Bank

Canara Bank versus Hanumant Gouda Belludi

Sh Lali Gulati versus Punjab National Bank

Bhupinder Singh Rana son of Bharat SIngh Rana versus Indian Overseas Bank

Canara Bank versus Sh Dilbag Singh