Allowed

Hdfc Bank v. Mohinder Singh

DRT21 Aug 2025OA/2183/2022

Case brief

AI extract

What is this about?

In this OA, the Debts Recovery Tribunal allowed HDFC Bank's application for recovery of Rs.21.40 Lacs plus interest againstdefendantss/their legal heirs. The bank proved an agricultural loan of Rs.25 Lacs with a mortgage. The court ordered joint and several liability for living defendants/defendants heirs of deceased defendants, and issuance of a Recovery Certificate.

What did the court decide?

Application allowed; recovery of principal and interest orders; Recovery Certificate issued; Recovery Officer directed to distribute sale proceeds of mortgaged property.

Hdfc Bank versus Mohinder Singh — 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: 2183/2022 Date of Institution: 04.11.2022 Date of Decision: 21.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Deena Nagar, Distt. Gurdaspur, Punjab.

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……..Applicant

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Vs.

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Mohinder Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and Distt. Gurdaspur, Punjab.

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Dhain Singh s/o Sh. Veer Bhan, r/o Village Paniarh, Tehsil and Distt. Gurdaspur, Punjab, since deceased through his legal heirs:a) Sardo Devi widow of Sh. Dhain Singh

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b) Asha Devi d/o Sh. Sh. Dhain Singh now wife of Sh. Kuldeep Singh, both r/o Village Miani Jhamela, P.O. Behrampur, Distt. Gurdaspur, Punjab.

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c) Mohinder Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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d) Vijay Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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e) Parbhat Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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f) Joginder Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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1. Joginder Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab, since deceased represented by legal heirs. a) Savita Devi w/o Sh. Joginder Singh b) Bhanu Partap Singh s/o Sh. Joginder Singh c) Rohit Thakur s/o Sh. Joginder Singh d) Deepika Pathania d/o Sh. Joginder Singh e) Gopika Thakur d/o Sh. Joginder Singh f) Sardo Devi widow of Sh. Dhain Singh All r/o Village Kothe Pathak, Tehsil Dinanagar, Distt. Gurdaspur, Punjab.

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1. Vijay Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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1. Parbhat Singh s/o Sh. Dhain Singh, r/o Village Paniarh, Tehsil and District Gurdaspur, Punjab.

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Pardeep Singh s/o Sh. Girdhari Lal, r/o Village Paniarh, Tehsil and Distt. Gurdaspur, Punjab. ……….Defendants

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Advocates

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Sh. Sumeet Sehgal proxy counsel for Sh. J.S. Sehgal, Counsel for the applicant bank. Defendants - ex parte vide order dated 20.09.2023 .

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OA for the Recovery of Rs.21,40,713/- with interest @12% per annum with half-yearly rests from 04.11.2022.

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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.21,40,713/- with interest against Sh. Mohinder Singh and others (defendants).

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Bank’s case is that on 19.01.2016, it had granted a loan of Rs.25.00Lacs to defendant Nos. 1 to 5 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.2 had mortgaged his land (fully detailed in para No.3A of the application). Defendant nos. 2 and 3 are deceased and now represented through their legal heirs. Defendant No.6 stood as guarantor. The loan was chargeable to interest @12% per annum with half-yearly rests. On 01.04.2022, a sum of Rs.21,40,713/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application. 3. On 20.12.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 20.09.2023, 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. Harminder Pal Singh, Manager along with the loan and security documents and marked them as Exhibit A-1 to A-20. 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 loan of Rs.25.00 Lacs and on 01.04.2022, a sum of Rs.21,40,713/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.21,40,713/- (Rupees Twenty One Lacs Forty Thousand Seven Hundred Thirteen Only) with interest @12% per annum with half-yearly rests from 04.11.2022, till the date of payment is hereby allowed with costs. The liability of defendant nos. 1, 4, 5 & 6 would be joint and several. The liability of legal heirs of defendant nos. 2 & 3 would be limited upto the extent of the property inherited by them from the deceased defendants i.e. Sh. Dhain Singh and Sh. Joginder Singh. 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 Nos. 1, 4, 5 & 6. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 30.09.2025, 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 . 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: 21.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Mohinder Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Mohinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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