DRT-I, Chandigarh allowed HDFC Bank's application for recovery of Rs.22,31,784/- plus interest against Mr. Hilal Ahmed Pandit following verification of loan and mortgage documents.
Recovery of Rs.22,31,784/- with interest allowed; recovery via sale of mortgaged land and personal properties; Recovery Certificate issued.
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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
OA No: 1977/2022 Date of Institution: 26.09.2022 Date of Decision: 07.04.2025
HDFC Bank Limited having its branches all over India and a branch at Shopian.
……..Applicant Vs.
Mr. Hilal Ahmed Pandit s/o Mr. Mohammad Amin Pandit, r/o 123Yaripora, Near Muncipal Park, Kulgam.
……….Defendant
Advocates
Sh. Sumeet Sehgal, Counsel for the applicant bank. Defendant - ex parte .
OA for the Recovery of Rs.22,31,784/- with interest @12% per annum with yearly rests from 26.09.2022.
ORDER
2
| 3. On 13.10.2022, summons was sent to the defendant by registered |
|---|
| post, which was duly served. However, defendant did not put in |
| appearance. Vide order dated 28.04.2023, he was proceeded_ex parte_. |
| 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Assistant Manager along with the loan and security documents and marked them as Exhibit A-1 to A-14. |
| 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 CC Limit of Rs.10.00 Lacs and Term Loan of Rs.1,27,296/- and on 01.10.2021, a sum of Rs.22,31,784/- was due. |
| 6. Accordingly, the application of the bank for the recovery of |
| Rs.22,31,784/- (Rupees Twenty Two Lacs Thirty One Thousand Seven Hundred Eighty Four Only) with interest @12% per annum with yearly rests from 26.09.2022, till the date of payment is hereby allowed with costs. 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 defendant. |
| 7. Pending IAs, if any, stand disposed of. |
| 8. Recovery Certificate be issued accordingly. |
| 9. Party are directed to appear before Recovery Officer on |
| **07.05.2025,**who is directed to distribute the sale proceeds of the |
| mortgaged land and standing crops as per the provisions of Section 19(20- AB) of the Act**.** |
| 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the party. |
| Pronounced in the open Court. (A S Narang) Dated: 07.04.2025 Presiding Officer DRT-1, Chandigarh |
1 issue framed by the court
Whether the application by the bank for recovery of outstanding dues under Section 19 of the RDB Act is maintainable and proves its case.
1 provisions across 1 enactments
HDFC Bank Limited
A S Narang
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
