Allowed

Hdfc Bank v. Guzar Ahmad Wani

DRT23 Oct 2025OA/171/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs. 49,75,706.40p with interest against two defendants. The court held that the bank proved its case and directed the issuance of a Recovery Certificate and the sale of mortgaged land to recover dues. Pending Inquiries for Admission (IAs) were disposed of.

What did the court decide?

Recovery of Rs. 49,75,706.40p with interest and costs allowed; Recovery Certificate issued; Sale of mortgaged land and property directed.

Hdfc Bank versus Guzar Ahmad Wani — Specific Performance | 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: 171/2022 Date of Institution: 12.01.2022 Date of Decision: 23.10.2025

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HDFC Bank Limited having its branches all over India and a branch at Ground Floor Nazia Complex Goriwan, Bijbehara, District Anantnag, J&K.

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……..Applicant Vs.

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Guzar Ahmad Wani s/o Mohammad Abdullah Wani, r/o Village Badi Marg, PO Yaripora Shopian, Tehsil Shopian, District Shopian, J&K (U.T.)

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Manzoor Ahmad Pala s/o Abdul Ahad Pala, r/o Village Badi Marg, PO Yaripora Shopian, PS Yaripora Shopian, Near Masjid Sharief, District Shopian, J&K (U.T.)

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……….Defendants

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Advocates

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Ms. Pinki proxy counsel for Sh. Amit Rishi, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 19.09.2022 .

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OA for the Recovery of Rs.49,75,706.40p with interest from 12.01.2022.

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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.49,75,706.40p with interest against Mr. Guzar Ahmad Wani and another(defendants).

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Bank’s case is that on 25.08.2011, it had granted a C.C. Limit of Rs.9.50 Lacs to defendant No.1 for agricultural purpose. Again on 23.07.2014, on the request of defendants, applicant Bank granted another C.C. Limit of Rs.20.00 Lacs to defendant No.1 for agriculture purpose. To secure the loans, Defendant No.1 had mortgaged his agricultural land

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(fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor for both the loan facilities. The loans were chargeable to different rates of interest. On 29.10.2021, a sum of Rs.49,75,706.40p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 21.03.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 19.09.2022, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-18.

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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.29.50 Lacs and on 29.10.2021, a sum of Rs.49,75,706.40p was due. 6. Accordingly, the application of the bank for the recovery of Rs.49,75,706.40p (Rupees Forty Nine Lacs Seventy Five Thousand Seven Hundred Six and Paise Forty Only) i.e. Rs.38,45,631.35p in K.C.C. Limit with interest @13.00% p.a. and Rs.11,30,075/- in Term Loan with interest @12% p.a. (both the facilities) with half-yearly rests from 12.01.2022, 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.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 25.11.2025, 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: 23.10.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Guzar Ahmad Wani

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Guzar Ahmad Wani

Case brief

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What did the court decide?

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