The DRT upheld the bank's application for recovery of dues arising from an auto loan. The court directed the debtors to pay the claimed amount within two months and issued a recovery certificate, granting future interest.
Issuance of Recovery Certificate; Payment of Rs. 22,04,619.01 + interest within two months; Injunction on asset transfer to pay debt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
e
IP
DEBTS RECOVERY TRIBUINAL LUC KNOW
Date of order or M lee action
taken with date
proceedin}
O.A.No.355/2023 Heard Ld. Counsdl for the
17.7.2025
Sl No.24 applicant-bank.
Case is reserved.
Put UP on 18.8.2026 f+r ord.
Order be uploadeb on the
Tribunal’s website.
(dictate
~<br>(Pravas kuma, Singh)
Presi#ing Officer
(Veeresh)
P
DEBTS RECOVERY FRI .L LUCKNO
Date of order or Order with signature of court Face action lroceedin$ taken with date OA ICo 355/2023 18.08.2025 The JudgMent is signed, and pronounced on separate she+ts. Separately attached in 07 sheets. Order be uploaded on the Tribunal’s website. (bictated (Pravas Kuma} Jlngh) Presiding Officer (Manoj)
IN THE DEBTS RECOVERY TRIBU IAL AT LUCKNC W Present: Pravas Kumar Singh, dresiding Offic Ir to. 355 of 20 Case No. Original Application Dated: 18.08.20l5
HDFI Bank Ltd, having its office at HD FC Bank Ltd, 17/4-A, 1't Floor, Ni <hiles Palace, Ashok Marg, Lucknow - 126 U.P. th rough its Authorized Repres Saur bh Singh.
,phlicant Bank
Versus
Ff4r d,,t,
Advocate Counsel for applicant-bank: Shri Ritesh Go41, Counsel fod the defendants: None
JUDGEMENT
No. 355 of 2023
2
e Twenty-Two Lacs, Four Thousand, Six Hundred Nine a palse one only) together with pendentelite and futuFe interest, co: and other reliefs etc.
Registratiorl No. UP32KV-0030.
:endants had !cuted and 3. To sequre aforesaid credit facility, dl signed various security documents in favou r of the applic; :-bank on 21.07.2019 loan and security documents. 4. To avail the aforesaid credit facility, the applicant]b, Ik opened loan account in the name of the defendant o.I 5. After availing the abovementione( credit facil from the applicant-bank, the defendants failed to ainta finanji discipline and also failed to comply with the terms a ld ditions bfI greernent nk ble efforts as required 'in the matter. The applicant-baI le all p 4s: through oral persuasion and letters etc. Thb defendants reminded many times by several applications by the ppli It bank tb regularize the loan account, but the defendants kep t rnurrl and hdvl not come forward to make any efforts regarding pa' ment of d i It the loan LI-
(1) No. 355 of 2023
3
account of the defendants were remained irregul and tAeaefendants lariz. le account did „Ot „,e to d,po,it the amount to adjust/ rl despite vi }us assurances given by defendants Consequ4n+ly, the loan accounts :he defendant No.1 were class#ied a P.A. bn 04.08.2021 by the applicant-bank as per RBI guidelin4s, thel Fore, +hh applicant bank issu notice Dated 15.02.2023dExhibi' No.A i to the defendants and requested for repayments] but tI Defer{dbnts did not
paid their heed to the same, hence, this qriginal Applica Iibn has been instituted
6 As per books of the bank maintainqd in usua Id ordinary course of banking business, an outstandi dg 1,04,61 $1 (Rupees Twenty Twb Lacs, Four Thousand, Six Huhdl ahqpaise one only) incluqing interest UPto 08.02.2023-, Were lyi du hr payment, for which the defendants are jointly and keverally liabl' o repay the same, which they did not pay despite rep#ated questS ahd demand The applicant bank filed the Statement of joan Accounts.(Hxhibit No.A 7)
7 The luse of action for filing the prqsent applicati+nbrose firstly when the pforesaid credit facility were #anctio by tOe applicant Bank and the same were availed by th4 defI :S a necessary documents were executed by the defendahts o 1.07.26lb. The cause of action fi otice atI 15.02.2023 rther arose on when Legal ddman
0 No. 355 of 2023
4
was sent to the defendants, recalling the 'ntire outstandi dues and
they failed to pay the same.
:(B No. 355 of 2023
5
time to time and the entries are relevant d/s 4 o- the Ba Alder Books of
ank’s dlabm is within Evidence Act. It is also proved that the apdlicant-1 e defendants limitation against defendants, therefore, th lr4 jointly and
severally liable to pay the dues.
ire direct 12. Accorgingly, the defendants No. 1 4 2 'd to pay the balance dugs to the applicant bank within a period of 2 donths from the date ofFjudgement failing which the a1 llicant bank 'ill be entitled to sell thb hypothecated vehicle /askts and per;offal assets/
properties Qf the defendants.
be sold
It is, therefore , ordered
of t (i) That the Original Application No.354 of 20 applicant to t tune of bank for issuance of Recovery C4rtifil 22,04,&09.or (R.p„, Twenty Twol Lac: :our TdoUsand, Six Hundred Nine and paise one only) jalong with th4 ibterest 9% p,+ a„..m with m,nthly rest froh the date of filkhg of the OriginJt Application i.e. 24.03.2023 tillithe loan is ful quidated &2 and co pts succeeds exparte against th4 defendant Nd
(ii) The de+endants are directed to pay tHe duel ithin a l:beriod of lilin ,hich the two months from the date of judgbment,
th :rom the ,ppli„nt b,„k will b, entitled to re+ove lrrlrrt O ble ;sbts of the secureq assets, personal movables an
defendbnts
lount by (iii) The apdlicant–bank is entitled to rec4ver aforesaid sold earli lder the sale of hypothecated vehicle /assets (ifl provision of the S.A.R.F.A.E.S.I. Act 21 amdu bt, if any d vehic lssets or already :recovered by sale of any hypoqhecat hIgh <g
7
No. 355 of 2023
otherwise shall be recoverable, if th4 dues )f the abJlicant bank still remain unsatisfied, the samb shal be 4e+overed by attachment and sale of the persohal m lvable bs;ets of the defendant jointly and severally. (iV) The dbfendants are here by restrai4ed by means o+ injunction from depleting, transferring, encumbering, alienajir+ or in any way healing with their properties/4states withouk First paying the claim of the applicant-bank. (V) Let Rjcovery Certificate be issued immedial Ily u/s 1+(22) of the Reco+ery of Debts & Bankruptcy Ac 4, 1993 by fixiNg 29.10.2025 beforb Recovery Officer, DRT, Luckndw. Judg4ment is pronounced in the opeh cour Dated: 18.08.2025 kV* Pravas KQma. Singh) Pr4sibing Officer
2 issues framed by the court
Whether the debt recovery tribunal is legally entitled to the amount claimed by the bank on the basis of documents and pleading submitted.
Whether pendent-lite and future interest should be granted at 9% per annum under the Debt Recovery Act.
Colour shows how this judgement treated each authority
Central Bank of India vs. Ravindra and othersReferred¶43
Central Bank of India vs. Ravindra and others
4 provisions across 2 enactments
HDFC Bank Ltd
Shishir Srivastava
Priyanka Jain
Pravas Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pravas Kumar Singh
Parties & counsel
