Allowed

Hdfc Bank Limited v. Sh. Bhupinder Singh

DRT25 May 2026OA/101/2025

Case brief

AI extract

What is this about?

In an ex-parte Original Application, the Tribunal allowed the bank's request for recovery of a debtor amount along with interest after finding the defendants liable for loan defaults and mortgage defaults.

What did the court decide?

Declared defendants liable to pay Rs.1,32,68,545.00 with simple interest @ 8% p.a. Issued Recovery Certificate. Authorized execution through sale of mortgaged or personal assets.

Hdfc Bank Limited versus Sh. Bhupinder Singh — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO. 101/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 03.02.2025

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DATE OF DECISION: 25.05.2026

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HDFC Bank Ltd. banking company, carrying on the banking business under the Banking Regulation Act, 1949, incorporated under The Companies Act, 1956 and having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai - 400013 and Branch Office amongst other places one at Devigarh, District Patiala, Punjab through Smt. Pooja Arora, Senior Manager holder of an Attorney from the Applicant Bank.

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……..Applicant

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Versus

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Sh. Bhupinder Singh S/o Sh. Baldev Singh, R/o Village Bangran, Davigarh, District Patiala -147111.

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Sh. Harvir Singh S/o Sh. Baldev Singh, R/o Village Bangran, Davigarh, District Patiala -147111.

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Smt. Parminder Kaur W/o Sh. Bhupinder Singh, R/o Village Bangran, District Patiala -147111.

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Smt. Kamalpreet Kaur W/o Sh. Harvir Singh, R/o Village Bangran, District Patiala -147111.

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Sh. Gurwinder Singh S/o Sh. Jasbir Singh, R/o Village Bathoi Kalan, District Patiala -147001.

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……..Defendants

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Advocates:

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Argued by J.S. Sehgal, Advocate for the applicant

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None for defendants (Already ex-parte vide order dated 21.05.2026).

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act 1993, against the defendants for recovery of Rs.1,32,68,545.00 (Rupees One Crore Thirty Two Lacs Sixty Eight Thousand Five Hundred and Forty Five Only). The Original Application has been filed through Smt. Pooja

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OA/101/2025 HDFC BANK LTD. VS SH. BHUPINDER SINGH AND OTHERS

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Arora, Senior Manager of the applicant, who is competent to institute the Original Application vide General Power of Attorney dated 16.01.2024, which is Annexure A1 to this OA.

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The brief facts of the OA are the defendant nos. 1 to 4 approached the applicant for grant of Cash Credit Limit of Rs.79,00,000.00 and Overdraft Limit of Rs.23,80,000.00 vide Application for Retail Agricultural Loan dated 02.04.2022, which is Annexure A2 to this OA. 3. The applicant sanctioned Cash Credit Limit of Rs.79,00,000.00 and Overdraft Limit of Rs.23,80,000.00 vide Sanction Letters, both dated 21.05.2022, which are Annexures A3 & A4 to this OA and terms and conditions were duly accepted by defendants. Defendant no. 5 stood as guarantor. 4. Defendant nos. 1 to 4 mortgaged their immovable properties i.e., Total Land measuring 104 Bigha 16 Biswa as mentioned below: A. Land measuring 100 Bigha 16 Biswa as per Jamabandi for the year 2016-17 situated at Village Bangran, Hadbast No. 242, Tehsil Dudhan Sadhan, District Patiala, mortgaged by defendant nos. 1 to 4 vide Declaration Under Section 4 (1) dated 23.05.2022, which is Annexure A7 to this OA.

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B. Land measuring 4 Bigha 00 Biswa as per Jamabandi for the year 2018-19 situated at Village Bathoi Kalan, Hadbast No. 182, Tehsil and District Patiala, mortgaged by defendant nos. 1 & 2 vide Declaration Under Section 4 (1) dated 23.05.2022, which is Annexure A8 to this OA. Documents executed : Agreements for Overdraft/ Cash Credit cum Guarantee cum Hypothecation, both dated 24.05.2022, which are Annexures A5 & A6 to this OA; Legal Notice dated 11.11.2024 along with postal receipts, which are Annexures A9 to A14 to this OA; Statement of Accounts along with certificate, which are Annexures A15 & A16 to this OA.

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The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in the loan accounts there

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3 OA/101/2025 HDFC BANK LTD. VS SH. BHUPINDER SINGH AND OTHERS

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was a debit of Rs.1,32,68,545.00, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served summons to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 21.05.2026.

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In support of the OA, affidavit of Smt. Pooja Arora, Senior Manager, HDFC Bank Ltd. has been filed.

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Heard ex-parte arguments and perused record.

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It was argued by learned counsel for applicant that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case.

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From the perusal of all the Annexures A1 to A16 to this OA, it is proved that defendant nos. 1 to 4 approached applicant for availing of the loan facilities, which were granted to them, defendant no.5 stood as guarantor and for that they had executed all the relevant documents in favour of the bank. Defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, loan accounts were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.1,32,68,545.00 (Rupees One Crore Thirty Two Lacs Sixty Eight Thousand Five Hundred and Forty Five Only), along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the amount.

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In so far as pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @9.00%p.a. with half yearly rests in both the loan accounts from 02.10.2024 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged properties/

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4 OA/101/2025 HDFC BANK LTD. VS SH. BHUPINDER SINGH AND OTHERS

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hypothecated assets, undertaking of the defendants, quantum of loans and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant simple interest @08.00% p.a. in both the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.1,32,68,545.00 (Rupees One Crore Thirty Two Lacs Sixty Eight Thousand Five Hundred and Forty Five Only), jointly and severally, with costs, current and future simple interest @8.00%p.a. in both the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of mortgaged properties of defendant nos. 1 to 4 in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this

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Tribunal on 16.06.2026.

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the open Tribunal .

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Dated: 25.05.2026

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(MRIDULESH KUMAR SINGH)

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Presiding Officer,

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DRT-III, Chandigarh

Hdfc Bank Limited v. Sh. Bhupinder Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Sh. Bhupinder Singh

Case brief

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What did the court decide?

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