Allowed

Hdfc Bank v. Abdul Hameed Wani

DRT29 Aug 2025OA/46/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an Originatory Application filed by HDFC Bank Limited for recovery of Rs. 53,99,606/- with interest from two defendants. The bank proved its case via affidavits showing a valid agricultural loan and security documents despite the defendants being absent. The order mandated the issuance of a Recovery Certificate and directed the Recovery Officer to sell mortgaged land for distr

What did the court decide?

Recovery of Rs. 53,99,606/- with interest @11% per annum from defendants' mortgaged land and personal property issued via Recovery Certificate.

Hdfc Bank versus Abdul Hameed Wani — Banking and Recovery | 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: 46/2022 Date of Institution: 31.12.2021 Date of Decision: 29.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Lal Chowk, Anantnag Branch, Jammu & Kashmir (U.T.). ……..Applicant Vs. 1. Abdul Hameed Wani s/o Sh. Munawar Wani, r/o H.No.72, Sersuna Poyaripora, Kulgam, Jammu & Kashmir (U.T.) 2. Showkat Ahmad Bhat s/o Sh. Abdul Ahmad Bhat, r/o H.No.20, Sursona, Kulgam, Jammu & Kashmir (U.T.) ……….Defendants Advocates Sh. Saurabh Bhardwaj, Counsel for the applicant bank. Defendants - ex parte vide order dated 15.12.2023 . OA for the Recovery of Rs.53,99,606/- with interest @11% per annum with half-yearly rests from 31.12.2021. ORDER 1. 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.53,99,606/- with interest against Abdul Hameed Wani and another (defendants). 2. Bank’s case is that on 10.06.2015, it had granted a loan of Rs.26.50 Lacs to defendant No.1 in the form of C.C Limit for agricultural purpose. During the Year 2016, as per the directions of Government of India, the interest of the Credit Limit Facilities was converted into FITL Account (Agricultural Term Loan) of Rs.3,87,443.31p. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor. The loan was

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chargeable to interest @11% per annum with half-yearly rests. On 29.10.2021, a sum of Rs.53,99,606/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 30.03.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 15.12.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Assistant Manager (Agri. Legal) along with the loan and security documents and marked them as Exhibit A-1 to A-11.

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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 loans under various schemes and on 29.10.2021, a sum of Rs.53,99,606/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.53,99,606/- (Rupees Fifty Three Lacs Ninety Nine Thousand Six Hundred Six Only) with interest @11% per annum with half-yearly rests from 31.12.2021, till the date of payment is hereby allowed with costs. The liability of both the defendants would be joint and several. 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 defendants. 7. Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 09.10.2025, who is directed to distribute the sale proceeds of the

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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: 29.08.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Abdul Hameed Wani

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Hdfc Bank v. Abdul Hameed Wani

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