Hdfc Bank versus Saara Begum

IF

DEBTS RECOVERY TRIBUNAL LUCKNOW

r Office action
taken with
proceeding
date
O.A. No.346/2023
25.09.2025 The Judgment is signed and
pronounced on separate sheets. Separately
attached in 06 sheets.
Order be uploaded on the Tribunal’s
website.
(Dictated)
Nt
(Pravas Kumar Sin'gh)
Presiding Officer
(MK)

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IN THE DEBTS RECOVERY TRIBUNAL AT LUCKNOW

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Present: Pravas Kumar Singh, Presiding Officer

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Case No. Original Application No.346 of 2023

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Dated: 25.09.2025

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HDFC Bank Limited, having Branch at 17/4-A, lst Floor, Nikhilesh Palace, Ashok Marg, Lucknow -226001, U.P.

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........Applicant-bank

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Versus

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Saara Begum, D/o Laeeq Ahmad, House No.66, Butlerganj, Parag Narayan Road 01, Flat No.502 B, 5th Floor, Allayah Galaxy Apartment, Near Baikunth Dham, Lucknow 226001, Uttar Pradesh.

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Also, at:- Saara Begum C/o Abeer Designer Traders (Proprietor) Abeer Builders Pvt Ltd. 5th Floor, Cyber Heighter, Near Shalimar Tower, Vibhuti I<hand, Gomti Nagar, Lucknow 226010, Uttar Pradesh.

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Also, at:- Saara Begum C/o A.R Builders 4 A Parag Narayan Road, Baalu Adda, Lucknow 226001, Uttar Pradesh.

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...... Defendant

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Ld. Counsel for Applicant-bank: Shri Ritesh Goel, Advocate

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Ld. Counsel for the Defendant: Shri Ankit Yadav, Advocate

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JUDGEMENT

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This Original Application has been filed by the Applicant-bank under

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Section 19(1) of the Recovery of Debts & Bankruptcy Act/ 19931 against the

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defendant for the recovery of Rs.36,13,906.84/- (Rupees Thirty six Lac's/

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:+r

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2 O.A. No.346 of 2023

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Thirteen Thousand, Nine Hundred Six and Paisa EightY Four OnIY) together with pendent-lite and future interest, costs and other reliefs etc.

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The brief facts of case:- The Defendant had approached the applicant bank for grant of Vehicle Loan of Rs.31,65,086/- was executed on 27..08.2019/ for financing for purchase of Auto Premium Loan – Mahindra Alturas G4 4x2 AT and another Vehicle Loan of Rs.6,86,761/- was executed on 11.10.2017/ for financing for purchase of Hyundai 1 10 Grand Sports.

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To secure aforesaid credit facilities, defendant had executed and signed various security documents in favour of the Applicant-bank on 27.08.2019 & 11.10.2017. (Annexure No.A-3 & Annexure No.A-4) to this Original Application.

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To avail the aforesaid credit facility, the Applicant-bank had opened two loan accounts in the name of defendant No. 1 in order to maintain the credit facilities.

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After availing the aforesaid credit facility, the defendant failed to maintain financial discipline and also failed to comply with the terms and conditions of the loan agreement, consequently, the loan account of the defendant no.1/ was classified as NPA on 03.09.2022 by the bank as per RBI guidelines, thereafter the Applicant-bank issued Recall Notice dated 15.02.2023 to the defendant (Annexure No. A-5/6), but, the defendant stated no-response and they failed to repay the same and the loan accounts of the defendant is still un-liquidated, hence, this Original Application has been instituted.

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As per books of the bank maintained in the usual and ordinary course of banking business, an outstanding of Rs.36,13,906.84/- (Rupees Thirty Six

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3 O.A. No.346 of 2023

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Lacs, Thirteen Thousand, Nine Hundred Six and Paisa Eighty Four Only) including interest upto 08.02.2023, were lying due for payment, for which the defendant is liable to repay the same, which they did not pay despite repeated requests and demand. The Applicant-bank filed the Statement of loan Accounts. (Exhibit No.A-7) to this Original Application.

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The cause of action for filing the present application arose firstly on 27.08.2019 & 11.10.2017 when the aforesaid credit facility were sanctioned by the Applicant-bank and the same were availed by the defendant and necessary documents were executed by the defendant. The cause of action further arose on when legal demand Notice dated 15.02.2023 was sent to the defendant, recalling the entire outstanding dues and they failed to pay the same.

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The summons were served upon the defendant through registered post, the defendant through counsel has appeared before this Tribunal, but no written statement has been filed within statutory period hence, the opportunity to file the written statement is closed. The case is proceeded against the defendant.

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From the perusal of the record, it is evident that the defendant were provided with fair opportunities to contest the claim of the bank. As the defendant opted not to contest the case, so only point of consideration before this Tribunal is as to whether bank is legally entitled to the amount as claimed in Original Application on the basis of documents and pleading

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submitted by it.

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r-/ A

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4 O.A. No.346 of 2023

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In support of the case Shri Saurabh Singh, Legal Manager of the

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Applicant-bank has filed an affidavit.

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On a careful scrutiny of the evidence on affidavit and Exhibits marked as Exhibit No.A-1 to Exhibit No.A-7, it is proved that defendant had availed the credit facilities from the Applicant-bank by executing loan and security documents detailed as above in favour of the Applicant-bank. A perusal of the application, evidence and documents relied upon clearly show that defendant had utilized the above loan facilities as granted to them. The Applicant-bank had maintained the Books of account in the ordinary course of banking business showing disbursal of the loan amount. The Bank had also charged interest from time to time and the entries are relevant u/s 4 of the Banker Books of Evidence Act. It is also proved that the Applicant-bank’s claim is within limitation against defendant, therefore, the

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defendant is liable to pay the dues.

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Accordingly, the defendant is directed to pay the balance dues to the Applicant-bank within a period of 2 months from the date of judgement failing which the Applicant-bank will be entitled to sell the hypothecated assets and personal assets/ properties of the defendant.

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The Applicant-bank has claimed [email protected]% & @8.65% per annum with monthly rest w.e.f. 09.02.2023 till the date of realization and costs. On the basis of foregoing discussion, interest of justice will be served if pendent- lite and future interest is granted @8% in above the vehicle loan

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accounts per annum with monthly rest reducing balance from the date of

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filing of the O.A. till the date of realization with costs.

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5 O.A. No.346 of 2023

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1 find that the bank has proved the execution of loan documents and creation of hypothecation in its favour. In the result, the Original Application succeeds as proceeded against the defendant with costs. The bank has proved the loan execution of loan documents in favour of the bank and availment of credit facility. The liability of the defendant No.1 hypothecated asset as well as the personal properties are to be sold.

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It is, therefore , ordered

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(i) That the Original Application No.346 of 2023 of the Applicant bank for issuance of Recovery Certificate to the tune of Rs.36,13,906.84/(Rupees Thirty Six Lacs, Thirteen Thousand, Nine Hundred Six and Paisa Eighty Four Only) along with the interest @8% per annum with monthly rest from the date of filing of the Original Application i.e. 29.03.2023 till the loan is fully liquidated and costs succeeded against the defendant.

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(ii) The defendant is directed to pay the dues within a period of two months from the date of judgement, failing which the Applicant-bank will be entitled to recover the same from the secured assets, personal movables and immovable assets of the defendant.

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(iii) The Applicant–bank is entitled to recover aforesaid amount by sale of hypothecated assets (if not sold earlier under the provision of the S.A.R.F.A.E.S.I. Act 2002). The amount, if any already recovered by sale of any hypothecated assets or otherwise shall be recoverable, if the dues of the Applicant-bank still remain unsatisfied, the same shall

b/

6

O.A. No.346 of 2023

be recovered by attachment and sale of the personal movable assets of the defendant.

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(iV) The defendant is hereby restrained by means of injunction from depleting, transferring, encumbering, alienating or in any way dealing with his properties/estates without first paying the claim of the Applicant-bank.

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(V) Let Recovery Certificate be issued immediately u/s 19(22) of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 by fixing 22.12.2025 before R.O., DRT, Lucknow.

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(Vi) The Applicant-bank is directed to file a memo of cost for preparing Recovery Certificate u/s 19(22) of the Recovery of Debts Bankruptcy Act, 1993 .

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Judgment is pronounced in the open court.

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Dated: 25.09.2025

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,~~, ew ,9 (Pravas Kumar Singh) Presiding Officer

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(MK)

Hdfc Bank v. Saara Begum

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Hdfc Bank v. Saara Begum

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