Allowed

Hdfc Bank v. M/S Daulat Store

DRT3 Jul 2025OA/612/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed the applicant bank's Original Application for recovery of outstanding dues. The court declared the respondents jointly and severally liable, ordered the issuance of a Recovery Certificate, and authorized recovery from mortgaged and personal assets under the RBI DBFIA.

What did the court decide?

Recovery of Rs. 1,11,14,905.90 with future interest at 10% p.a., enforceable via a Recovery Certificate against mortgaged property and personal assets of respondents.

Hdfc Bank versus M/S Daulat Store — Contract and Commercial Disputes | DRT (2025)

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“ORIGINALAPPLICATION” No. 612 OF 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 612 OF 2024

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DATE OF DELIVERY OF ORDER 03.07.2025

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HDFC Bank Limited having its Registered Office at HDFC Bank Housing, S.B. Marg, Lower Parel (West), Mumbai400013 and Branch Office At A1, Shree Plaza, 3^rd Floor, Near Laxmi Mandir Hall, Tonk Road, Jaipur-302015, Rajasthan, through its Authorized Signatory Sh. Kailash Sharma.

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…..Applicant Bank…..

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VERSUS

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1. M/s Daulat Store through its proprietor Mr. Chandra Kumar Ladhani S/o Sh. Assan Das Ladhani, Address: ½ U/D share of shop no. 763, Shardul Singh Ki Nal, Gangori Bazar, Jaipur-302002, Rajasthan

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2. Mr. Chandra Kumar Ladhani S/o Mr. Assan Das Ladhani, Address -144, Kanwar Nagar, Tripoliya Bazar, Jaipur-302002, Rajasthan.

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3. Mrs. Komal Ladhani W/o Mr. Chandra Kumar Ladhani, Address-144-A, Kanwar Nagar, Tripoliya Bazar, Jaipur3020002, Rajasthan.

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4. Mrs. Savitri Devi Ladhani W/o Sh. Assan Das Ladhani, Address-144, Kanwar Nagar, Tripoliya Bazar, Jaipur-30

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants

Ex parte

OA No. 612 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 02.04.2024 for recovery of outstanding amount of Rs. 1,11,14,905.90 from the Defendants.

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As per the pleadings, Defendant No. 1 represented as borrower and Defendant no. 2 in the capacity of Proprietor, Mortgagor and Guarantor and Defendant no. 3 in the capacity of Guarantor and Defendant No. 4 in the capacity of mortgagor and guarantor had approached the applicant bank for availing Cash Credit facility by mortgaged of immovable property. After due consideration, cash credit facility was sanctioned by the Applicant Bank in favour of Defendants on 07.02.2022 which was subsequently renewed/reduced/modified/enhanced from time to time and lastly renewed vide the sanction letter dated 27.01.2023 for a sum of Rs. 99.00 Lac. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 14.09.2023. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 24.06.2024 and Sh. Naveen Sharma filed Vakalatnama on behalf of the Defendants, but reply has not been filed by the defendant, therefore, their right to file reply stands closed and they were proceeded ex-parte on 02.04.2025.

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Heard arguments and perused the record.

OA No. 612 of 2024

As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/11 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 future interest and costs.

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In the result, this O.A. No. 612 OF 2024 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,11,14,905.90 (Rupees One Crore Eleven Lac Fourteen Thousand Nine Hundred Five and Ninety Paisa only) with future interest @ 10% p.a. from 19.02.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property i.e. all part and parcel of Commercial Property (including tehkhana) situated at Shop No. (Nagar Palika No.) 763, Sardulsingh Ji Nal, Gangori Bazar, Jaipur, Rajasthan admeasuring 19.70 Sq. Mtr. in the name of the defendant no. 2 & 4 as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

OA No. 612 of 2024

c) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to

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the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 25.09.2025 .

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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 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. 03.07.2025.

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

OA No. 612 of 2024

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 612 OF 2024

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DATE OF DELIVERY OF ORDER 03.07.2025

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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

2. Mr. Chandra Kumar Ladhani S/o Mr. Assan Das Ladhani, Address -144, Kanwar Nagar, Tripoliya Bazar, Jaipur-302002, Rajasthan.

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3. Mrs. Komal Ladhani W/o Mr. Chandra Kumar Ladhani, Address-144-A, Kanwar Nagar, Tripoliya Bazar, Jaipur3020002, Rajasthan.

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4. Mrs. Savitri Devi Ladhani W/o Sh. Assan Das Ladhani, Address-144, Kanwar Nagar, Tripoliya Bazar, Jaipur-30

……Defendants…..

OA No. 612 of 2024

Recovery Certificate for Rs.1,11,14,905.90

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In terms of final order dated 03.07.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,11,14,905.90 (Rupees One Crore Eleven Lac Fourteen Thousand Nine Hundred Five and Ninety Paisa only) with future interest @ 10% p.a. from 19.02.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property i.e. all part and parcel of Commercial Property (including tehkhana) situated at Shop No. (Nagar Palika No.) 763, Sardulsingh Ji Nal, Gangori Bazar, Jaipur, Rajasthan admeasuring 19.70 Sq. Mtr. in the name of the Defendant No. 2 & 4 as well as from 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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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 25.09.2025.

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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

OA No. 612 of 2024

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 03.07.2025.

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

OA No. 612 of 2024

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 612 OF 2024

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DATE OF DELIVERY OF ORDER 03.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

2. Mr. Chandra Kumar Ladhani S/o Mr. Assan Das Ladhani, Address -144, Kanwar Nagar, Tripoliya Bazar, Jaipur-302002, Rajasthan.

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3. Mrs. Komal Ladhani W/o Mr. Chandra Kumar Ladhani, Address-144-A, Kanwar Nagar, Tripoliya Bazar, Jaipur3020002, Rajasthan.

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4. Mrs. Savitri Devi Ladhani W/o Sh. Assan Das Ladhani, Address-144, Kanwar Nagar, Tripoliya Bazar, Jaipur-30

……Defendants…..

OA No. 612 of 2024

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	1,14,000.00
2	Process Fee (Inc. Publication)	168.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	1,15,418.00

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

OA No. 612 of 2024

Date : 03.07.2025

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Counsel:

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Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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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. 612 of 2024

Date : 03.07.2025

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Counsel:

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Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 03.07.2025 , 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 03.07.2025 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.

¶117

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

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Hdfc Bank v. M/S Daulat Store

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. M/S Daulat Store

Case brief

What is this about?

What did the court decide?

What the court decided

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