Allowed

Hdfc Bank v. Surinder Kumar

DRT11 Aug 2025OA/848/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by HDFC Bank Limited to recover Rs.63,31,818.24p with interest against the borrowers and guarantors. The court found the bank proved its case regarding advanced loans and due amounts, ordering joint and several liability and issuance of a recovery certificate.

What did the court decide?

Recovery of Rs.63,31,818.24p with interest at 8.25% p.a. allowed. Liability declared joint and several. Recovery Certificate issued.

Hdfc Bank versus Surinder Kumar — 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: 848/2022 Date of Institution: 22.04.2022 Date of Decision: 11.08.2025

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HDFC Bank Limited having its branches all over India and a branch at Plot No.28, HDFC Bank House, Industrial Area, Phase-I, Chandigarh.

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……..Applicant Vs.

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Surinder Kumar s/o Sh. Tej Bhan, HNK/129, Ward No. 18, Jatinder Chowk, Faridkot, Punjab.

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Aspish Chanana s/o Sh. Surinder Kumar, HNK/129, Ward No. 18, Jatinder Chowk, Faridkot, Punjab.

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Hari Chand Asija s/o Sh. Arjan Dass Asija, Nr Ram Bagh Gate, Mohalla Jania Wala, Faridkot, Punjab.

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……….Defendants

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Advocates

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Ms. Dipti Toni, Counsel for the applicant bank. Defendants - ex parte vide order dated 05.12.2023 .

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OA for the Recovery of Rs.63,31,818.24p with interest @8.25% per annum with monthly rests from 22.04.2022.

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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.63,31,818.24p with interest against Sh. Surinder Kumar and others (defendants).

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Bank’s case is that, on the following dates, it had granted various loans to defendant No.1.

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S.no	Account No.	Product	Loan Amount	Sanction Date
1	83166541	CTG	Rs.23,19,934	30.04.2018
2	83166544	CTG	Rs.6,00,000	30.04.2018
3	83612854	CTG	Rs.21,65,892	07.01.2019
4	83617603	CTG	Rs.7,17,813	07.01.2019
5	83882295	CTG	Rs.11,00,000	10.06.2019
6	84034745	CTG	Rs.12,00,000	28.08.2019

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To secure the loans, Defendant No.1 had hypothecated his vehicles (fully detailed in para No.5.3 of the application). Defendant Nos. 2 and 3 stood as guarantors.

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2A) Apart from all above mentioned loans, the applicant bank granted a loan during the pandemic period of COVID-19. On 21.09.2020, a loan of Rs.12,15,800/- was granted to defendant No.1 GECL by the way of Term Loan. The loans were chargeable to interest @8.25% per annum with monthly rests. On 06.04.2022, a sum of Rs.63,31,818.24p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 23.05.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 05.12.2023, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Sh. Rajendra Prasad, Manager (Legal) along with the loan and security documents and marked them as Exhibit A-1 to A-24. 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 under various schemes and on 06.04.2022, a sum of Rs.63,31,818.24p was due. 6. Accordingly, the application of the bank for the recovery of Rs.63,31,818.24p (Rupees Sixty Three Lacs Thirty One Thousand Eight Hundred Eighteen and Paise Twenty Four Only) with interest @8.25% per annum with monthly rests from 22.04.2022, till the date of payment is

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hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of hypothecated vehicles fully detailed in para No.5.3 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 19.09.2025, who is directed to distribute the sale proceeds of the hypothecated vehicles as per 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: 11.08.2025 Presiding Officer DRT-1, Chandigarh

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MANOJ KALRA

Hdfc Bank v. Surinder Kumar

Case brief

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What did the court decide?

Hdfc Bank v. Surinder Kumar

Case brief

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What did the court decide?

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