Allowed

Hdfc Bank v. Sh. Ashwani Kumar

DRT17 May 2025OA/643/2022

Case brief

AI extract

What is this about?

The DRT allowed HDFC Bank's application for recovery of Rs.28,13,820/- with interest against four defendants who failed to appear. The court directed joint and several liability and issuance of a recovery certificate for sale of mortgaged properties.

What did the court decide?

Application for recovery of Rs.28,13,820/- with interest allowed; recovery certificate issued; proceedings directed under Section 19(20-AB).

Hdfc Bank versus Sh. Ashwani Kumar — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 643/2022 Date of Institution: 28.03.2022 Date of Decision: 17.05.2025

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HDFC Bank at Matan Hail Branch, Jhajjar, Haryana

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……..Applicant

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Vs.

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Sh. Ashwani Kumar S/o Sh. Desh Raj, r/o House No. 40, Sector 38, South City (II), Islampur, District Gurgaon @Gurugram Haryana-122018.

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Sh. Desh Raj S/o Sh. Rattan Singh, r/o House No. 40, Sector 38, South City (II), Islampur, District Gurgaon @Gurugram Haryana122018.

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Second Address: Desh Raj S/o Sh. Rattan Singh, r/o Village Daboda, Tehsil Fharukhnagar, District Gurgaon @Gurugram Haryana-122018.

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Smt. Anuradha Swami W/o Sh. Ashwani Kumar, r/o House No. 40, Sector 38, South City (II), Islampur, District Gurgaon @Gurugram Haryana-122018.

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Sh. Deepak Kumar S/o Sh. Satya Pal, r/o House No. 32, Palra, Tehsil Fharukhnagar, District Gurgaon @Gurugram, Haryana122018.

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…….Defendants

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Advocates

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Sh. Anup Parajapati proxy counsel for Sh. Saurabh Bhardwaj, Counsel for the applicant bank

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Defendants- ex parte

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OA for the Recovery of Rs.28,13,820/- with interest @12% per annum with half-yearly rests from 28.03.2022.

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ORDER

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HDFC Bank (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.28,13,820/- with interest against Sh. Ashwani Kumar and Others (defendants).

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Bank’s case is that on 19.03.2018, it had granted loans of Rs.18.00 Lacs in the form of Cash Credit Facility-I, Rs.4.20 Lacs in the form of Cash Credit Facility-II and Rs.1.60 Lacs in the form of Cash Credit Facility-III to defendant Nos. 1, 2 and 3 for agricultural purpose. Defendant No. 4 stood as guarantor. To secure the loans, the defendant No. 2 had mortgaged his agricultural land (fully detailed in para No.3A of the application). The loans were chargeable to interest @12% per annum with half-yearly rests in Cash Credit-I Facility and Cash Credit Facility-II and @14.60% per annum with half-yearly rests in Cash Credit Facility-III. On 04.02.2022, a sum of Rs.28,13,820/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 30.04.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.07.2023, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Jatinder Mishra, Manager(Agri Legal) along with the loan and security documents and marked them as Exhibit A-1 to A-13. 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 loan of Rs.23.80 Lacs and on 04.02.2022, a sum of Rs.28,13,820/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.28,13,820/- (Rupees Twenty Eight Lacs Thirteen Thousand Eight Hundred and Twenty Only) with interest @12% per annum with halfyearly rests from 28.03.2022, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged property(ies) fully

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detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 20.06.2025 , who is directed to distribute the sale proceeds of the mortgage property(ies) and standing crops 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.

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Pronounced in the open Court (A S Narang) Dated: 17.05.2025 Presiding Officer DRT-2, Chandigarh (Additional charge)

Hdfc Bank v. Sh. Ashwani Kumar

Case brief

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Hdfc Bank v. Sh. Ashwani Kumar

Case brief

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