Allowed

Hdfc Bank v. Sh Sarabjit Singh

DRT29 Sept 2025OA/64/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by HDFC Bank Ltd. for the recovery of an outstanding loan sum of Rs.23,44,892.89p with interest against the borrower and guarantor. The court permitted recovery via sale of hypothecated vehicle or personal property.

What did the court decide?

Recovery of Rs.23,44,892.89p with interest allowed; Recovery Certificate issued; Sale of hypothecated vehicle directed.

Hdfc Bank versus Sh Sarabjit Singh — Contract and Commercial Disputes | 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: 64 of 2022 Date of Institution: 12.01.2022 Date of Decision: 29.09.2025

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HDFC Bank Ltd. having its branches all over India and a branch at Retail Loan Service Centre, S.C.F.1, Improvement Trust Market, Hanuman Nagar, Gurdaspur, Punjab.

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……..Applicant

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Vs.

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Sh. Sarabjit Singh s/o Sh. Dalbir Singh r/o Hardowal Kalan, Gurdaspur, Punjab.

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Sh. Jagir Singh s/o Sh. Surat Singh r/o Hardowal Kalan, Gurdaspur, Punjab.

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……….Defendants

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Advocates

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Sh. Neha Arora proxy counsel fort Sh. K.P.S. Dhillon, Counsel for the applicant bank.

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Defendants - ex parte .

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OA for the Recovery of Rs.23,44,892.89p with interest @9.01% per annum with monthly rests from 12.01.2022.

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ORDER

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HDFC Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.23,44,892.89p with interest against Sh. Sarabjit Singh and another (defendants).

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Bank’s case is that on 14.12.2017, it had granted a loan of Rs.28,07,867/- to defendant no.1 in the form of Vehicle Loan. To secure the loan, Defendant no.1 had hypothecated vehicle (fully detailed in para No.3A of the application). Defendant no.2 stood as the guarantor. On 19.11.2020, bank had granted a loan of Rs.3,55,046/- to defendant no.1 in the form of GECL under ECLGS. Defendant no. 2 stood as the guarantor. The loans were chargeable to different rates of interest. The defendants

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had acknowledged the liability towards the debt on 27.12.2021. On 22.12.2021, a sum of Rs.23,44,892.89p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 06.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 28.10.2022, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Rajendra Prasad, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-9. 5. 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 different schemes and on 22.12.2021, a sum of Rs.23,44,892.89p was due. 6. Accordingly, the application of the bank for the recovery of Rs.23,44,892.89p (Rupees Twenty Three Lacs Forty Four Thousand Eight Hundred Ninety Two and Eighty Nine Paise Only) with interest @9.01% per annum with monthly rests from 12.01.2022, 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 hypothecated vehicle 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 03.11.2025, who is directed to distribute the sale proceeds of the

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hypothecated vehicle as per the provisions of Section 19(20-AB) 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: 29.09.2025 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Hdfc Bank v. Sh Sarabjit Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sh Sarabjit Singh

Case brief

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What did the court decide?

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