Allowed

Hdfc Bank v. Prabhu Dayal Saaran

DRT25 Jul 2025OA/316/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of outstanding loan dues. The court held the borrowers jointly liable to pay Rs. 47.38 Lakhs with interest, directing the issuance of a recovery certificate to the Recovery Officer under the RD Act.

What did the court decide?

Recovery Certificate issued directing defendants to pay Rs. 47,38,648.57 with 10% p.a. interest and costs, recoverable from their assets under Section 25 and 28 of the RDBFI Act, 1993.

Hdfc Bank versus Prabhu Dayal Saaran — Company and Corporate | DRT (2025)

¶1

“ORIGINALAPPLICATION” No. 316 OF 2025

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 316 OF 2025

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DATE OF DELIVERY OF ORDER 25.07.2025

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HDFC Bank Limited, having its registered office at HDFC Bank House, S.B. Marg, Lower Parel (West), Mumbai-400013 and Regional Office at 4^th Floor, Time Square Building, 10 Central Spine, Vidhyadhar Nagar, Jaipur, Rajasthan -302023, through its Authorized Signatory Sh. Shailendra Singh.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: B 1, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

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Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan

¶12

Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: G 2, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

¶14

Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: Plot No. 11, Bhuvaneshwari Vatika, Vaishali Nagar, Jaipur-302021, Rajasthan.

OA No. 316 of 2025

2. Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add: B 1, Plot no. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur 302012, Rajasthan.

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Also At:

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Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

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Also At:

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Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma and Sh. Akash Sharma Defendants None

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JUDGMENT

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This Original Application was filed by the applicant bank on 08.01.2025 for recovery of outstanding amount of Rs. 47,38,648.57 from the Defendants.

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As per the pleadings, Defendant No. 1 is proprietor of M/s Mahima Fashion and Defendant no. 2 is the proprietor of M/s Vishal Handloom in the capacity of borrower/coborrower/mortgagor had approached the applicant bank for availing loan against property facilities. After due consideration of credit worthiness of the defendants and also agreeing of various terms & conditions, a sum of Rs. 60.00 Lac and Rs. 80.00 Lac was sanctioned vide sanction letter dated 20.08.2015 by the Applicant Bank in favour of Defendants. The defendants failed to maintain financial

OA No. 316 of 2025

discipline and therefore, their loan account was classified as NPA. Thereafter, the bank issued demand notice under Section 13(2) dated 26.08.2017. Despite service of the demand notice the defendants avoid repayment of the loan, therefore, the applicant bank took physical possession of the property i.e. “Plot no. 376, Ganesh Nagar Vistar, Jaipur, Rajasthan admeasuring 226.60 Sq. Yds. and Plot No. 389, Ganesh Nagar Vistar, Jaipur Rajasthan admeasuring 263.86 Sq.Yds” on 24.12.2019. Thereafter, the applicant bank in accordance with SARFAESI Act and Rules auctioned the above said property on 09.04.2025 and bank received sum of Rs. 1,73,81,500/- and sale certificate was issued by the applicant bank on 16.04.2024 to the highest bidder. After adjusting the sale amount the Applicant Bank has filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 03.03.2025. Despite service none appeared on behalf of the defendants.

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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 A/1 to A/6 marked on behalf of the applicant bank, clinches the claim of the applicant bank 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 pendente lite and future interest and costs.

OA No. 316 of 2025

In the result, this O.A. No. 316 OF 2025 is allowed declaring that:-

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a) The defendants appeared in the Securitization application, but avoid the service of the OA, therefore, this attitude of the borrowers for avoiding the service in OA and contesting the matter in the Securitization Application is not accepted. This shows that they have nothing to say and they are also not available at the addresses given in the OA.

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b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 47,38,648.57 (Rupees Forty Seven Lac Thirty Eight Thousand Six Hundred Forty Eight and Fifty Seven Paise only) with pendente lite and future interest @ 10.00% p.a. from 08.01.2025 till the date of realization.

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c) The applicant bank is entitled to recover the above amount from the sale of 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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d) The applicant bank is entitled to the costs of the O.A.

OA No. 316 of 2025

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 13.10.2025 .

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Prepare Recovery Certificate accordingly.

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10.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

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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. 25.07.2025 .

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

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Signed & uploaded on 30.07.2025

OA No. 316 of 2025

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 316 OF 2025

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DATE OF DELIVERY OF ORDER 25.07.2025

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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

1. Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: B 1, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

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Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan

¶71

Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: G 2, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

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Also At:

¶74

Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: Plot No. 11, Bhuvaneshwari Vatika, Vaishali Nagar, Jaipur-302021, Rajasthan.

OA No. 316 of 2025

2. Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add: B 1, Plot no. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur 302012, Rajasthan.

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Also At:

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Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

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Also At:

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Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

¶83

……Defendants…..

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Recovery Certificate for Rs. 47,38,648.57

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In terms of final order dated 25.07.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The defendants appeared in the Securitization application, but avoid the service of the OA, therefore, this attitude of the borrowers for avoiding the service in OA and contesting the matter in the Securitization Application is not accepted. This shows that they have nothing to say and they are also not available at the addresses given in the OA.

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b) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 47,38,648.57 (Rupees Forty Seven Lac Thirty Eight Thousand Six Hundred Forty Eight and Fifty Seven Paise only) with pendente lite and

OA No. 316 of 2025

future interest @ 10.00% p.a. from 08.01.2025 till the date of realization.

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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 13.10.2025.

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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 30.07.2025 .

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

OA No. 316 of 2025

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶101

PRESENT- SHRI VIMAL GUPTA

¶102

PRESIDING OFFICER

¶103

O.A. NO. 316 OF 2025

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DATE OF DELIVERY OF ORDER 25.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: B 1, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

¶111

Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan

¶113

Also At:

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Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: G 2, Plot No. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur-302012, Rajasthan.

¶115

Also At:

¶116

Mr. Prabhu Dayal Saaran Proprietor of M/s Mahima Fashions, Add: Plot No. 11, Bhuvaneshwari Vatika, Vaishali Nagar, Jaipur-302021, Rajasthan.

OA No. 316 of 2025

2. Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add: B 1, Plot no. 55, Shree Ram Nagar B, Main Khirni Phatak Road, Jaipur 302012, Rajasthan.

¶121

Also At:

¶122

Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

¶123

Also At:

¶124

Mrs. Rama Devi Saaran Proprietor of M/s Vishal Handloom, Add; 21, Kalyan Kunj, 12B, Near Kanta Crossing, Jhotwara, Jaipur-302012, Rajasthan.

¶125

……Defendants…..

¶126

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	50,000.00
2	Process Fee (Inc. Publication)	240.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	51,490.00

¶127

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

OA No. 316 of 2025

Date : 25.07.2025

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Counsel:

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Sh. Vineet Sharma & Sh. Akash Sharma, Counsel for Applicant Bank None for the Defendants.

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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. 316 of 2025

Date : 25.07.2025

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Counsel:

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Sh. Vineet Sharma & Sh. Akash Sharma, Counsel for Applicant Bank None for the Defendants.

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The Tribunal vide order dated 25.07.2025 , 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 25.07.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is 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

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Hdfc Bank v. Prabhu Dayal Saaran

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Prabhu Dayal Saaran

Case brief

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