Allowed

Hdfc Bank v. Sukhwant Singh

DRT6 Oct 2025OA/836/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs. 32,99,396/- with interest against the respondents, confirming the loan advance and security mortgage, and directed issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 32,99,396/- with interest at 11% per annum with half-yearly rests; joint and several liability of all defendants; Recovery Certificate to be issued.

Hdfc Bank versus Sukhwant Singh — Cheque Dishonour | 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: 836/2023 Date of Institution: 15.04.2023 Date of Decision: 06.10.2025

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HDFC Bank Limited having its branches all over India and a branch at Zira Branch, District Ferozepur, Punjab.

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……..Applicant

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Vs.

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Sukhwant Singh s/o Sh. Kuldeep Singh, r/o H.No.33, Village Beri Qadarabad, Shah Abu Bakkar, Tehsil Zira, District Ferozepur, Punjab.

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Sarabjeet Kaur w/o Sh. Kuldeep Singh, r/o H.No.33, Village Beri Qadarabad, Shah Abu Bakkar, Tehsil Zira, District Ferozepur, Punjab.

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Balwinder Singh s/o Sh. Lakhbir Singh, r/o Basti Gamewali, Behk Gujaran, Tehsil & District Ferozepur, Punjab. ……….Defendants

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Advocates Sh. Sumeet Sehgal proxy counsel for Sh. Saurabh Bhardwaj, Counsel for the applicant bank.

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Defendants - ex parte vide order dated 01.07.2024 .

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OA for the Recovery of Rs.32,99,396/- with interest @11% per annum with half-yearly rests from 15.04.2023.

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ORDER

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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.32,99,396/- with interest against Sh. Sukhwant Singh and others (defendants).

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Bank’s case is that on 15.04.2017, it had granted a C.C. Limit (I) of Rs.23.00 Lacs and another C.C. Limit (II) of Rs.5.00 Lacs and a Term Loan of Rs.9.00 Lacs to defendant Nos. 1 & 2 for agricultural purpose. To secure the loans, Defendant No.1 had mortgaged his land (fully detailed

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in para No.3A of the application). Defendant No.3 stood as guarantor for all the facilities. The loans were chargeable to different rates of interest. On 28.11.2022, a sum of Rs.32,99,396/- was due from the defendants. The defendants had duly acknowledged their liability towards the debt on 24.04.2020. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 25.05.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 01.07.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Miss Pooja Arora, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-12.

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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 28.11.2022, a sum of Rs.32,99,396/- was due.

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Accordingly, the application of the bank for the recovery of Rs.32,99,396/- (Rupees Thirty Two Lacs Ninety Nine Thousand Three Hundred Ninety Six Only) with interest @11% per annum with half-yearly rests from 15.04.2023, 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 land fully 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.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 07.11.2025, 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: 06.10.2025 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Sukhwant Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sukhwant Singh

Case brief

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