Allowed

Hdfc Bank v. Ms Aamna Enterprises

DRT24 Jul 2025OA/17/2025

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's original application for recovery of an outstanding loan of Rs. 23,84,594.74. The debtor was held jointly and severally liable, the debt was declared recoverable from personal and hypothecated assets, and a recovery certificate was directed for issuance.

What did the court decide?

Declaration of joint and several liability to pay Rs. 23,84,594.74 plus future interest at 10%; entitlement to recover from personal and hypothecated assets; issuance of recovery certificate.

Hdfc Bank versus Ms Aamna Enterprises — Specific Performance | DRT (2025)

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“ORIGINALAPPLICATION” No. 17 of 2025

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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. 17 OF 2025

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DATE OF DELIVERY OF ORDER 24.07.2025

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HDFC BANK LTD. , having its registered office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, West Mumbai400013 and Regional Office at 4^th Floor, Time Square Building, 10, Central Spine, Vidhyadhar Nagar, Jaipur, Rajasthan – 302023, through its Authorized Signatory.

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…..Applicant Bank…..

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VERSUS

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1. M/s Aamna Enterprises Through its Proprietor Mr. Mohmmad Akram S/o Mr. Mohammad Salimuddin Add: Ground Floor, 2614, Fakeer Saha Mohalla, Kawatiyo Ka Khurra, Ramganj Bazar, Jaipur- 302003, Rajasthan.

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Also At:-

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Add: Plot No. 128, C/o Amazon Seller Services Private Limited, Jhotwara Industrial Area, Jaipur- 302016, Rajasthan.

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2. Mr. Mohmmad Akram S/o Mr. Mohammad Salimuddin Add: 2614, Fakeer Saha Mohalla, Kawatiyo Ka Khurra, Ramganj Bazar, Jaipur- 302003, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants Ex-parte

OA No. 17 of 2025

JUDGMENT

This Original Application was filed by the applicant bank on 29.11.2024 for recovery of outstanding amount of Rs. 23,84,594.74 from the Defendants.

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As per the pleadings, Defendant No. 1 in the capacity of borrower and Defendant no. 2 in the capacity of Proprietor had approached the applicant bank for availing Cash Credit facility wherein the credit facility was guaranteed under credit guarantee scheme of CGTMSE. After due consideration, cash credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2023 vide sanction letter dated 13.02.2023 for a total sum of Rs. 20 Lac. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued through Court Commissioner to the Defendants on 06.01.2025. Ld. Counsel Tapish Saraswat filed his report dated 26.03.2025. None appeared on behalf of the Defendants and Defendants were proceeded ex-parte vide order dated 14.05.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit 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

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OA No. 17 of 2025

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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. 17 of 2025 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. 23,84,594.74/(Rupees Twenty Three Lac Eighty Four Thousand Five Hundred Ninety Four and Seventy Four Paisa only) with future interest @ 10% (Simple) from 26.11.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets as well as from 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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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.10.2025 .

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Prepare Recovery Certificate accordingly.

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OA No. 17 of 2025

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A copy of the Judgment and Recovery Certificate be given 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. 24.07.2025 .

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

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OA No. 17 of 2025

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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. 17 OF 2025

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DATE OF DELIVERY OF ORDER 24.07.2025

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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

Also At:-

Add: Plot No. 128, C/o Amazon Seller Services Private Limited, Jhotwara Industrial Area, Jaipur- 302016, Rajasthan.

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2. Mr. Mohmmad Akram S/o Mr. Mohammad Salimuddin Add: 2614, Fakeer Saha Mohalla, Kawatiyo Ka Khurra, Ramganj Bazar, Jaipur- 302003, Rajasthan.

……Defendants…..

OA No. 17 of 2025

Recovery Certificate for Rs. 23,84,594.74/-

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In terms of final order dated 24.07.2025 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. 23,84,594.74/- (Rupees Twenty Three Lac Eighty Four Thousand Five Hundred Ninety Four and Seventy Four Paisa only) with future interest @ 10% (Simple) from 26.11.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets as well as from 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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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.10.2025 .

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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 this 24.07.2025 .

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

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OA No. 17 of 2025

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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. 17 OF 2025

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DATE OF DELIVERY OF ORDER 24.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

Also At:-

Add: Plot No. 128, C/o Amazon Seller Services Private Limited, Jhotwara Industrial Area, Jaipur- 302016, Rajasthan.

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2. Mr. Mohmmad Akram S/o Mr. Mohammad Salimuddin Add: 2614, Fakeer Saha Mohalla, Kawatiyo Ka Khurra, Ramganj Bazar, Jaipur- 302003, Rajasthan.

……Defendants…..

OA No. 17 of 2025

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00
2	Process Fee (Inc. Publication)	NIL
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	37,250.00

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

OA No. 17 of 2025

24.07.2025

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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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

OA No. 17 of 2025

24.07.2025

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 24.07.2025 , 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 24.07.2025 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

Hdfc Bank v. Ms Aamna Enterprises

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Ms Aamna Enterprises

Case brief

What is this about?

What did the court decide?

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