Allowed

Hdfc Bank v. Harun Deen Mohammad

DRT10 Mar 2026OA/1064/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by HDFC Bank Limited for recovery of Rs. 22,10,468.06 along with future interest and costs from the defendant borrower who failed to repay a commercial vehicle loan and did not appear despite summons.

What did the court decide?

Recovery of Rs. 22,10,468.06 with interest from sale of hypothecated vehicle or defendant's properties; issuance of recovery certificate.

Hdfc Bank versus Harun Deen Mohammad — Consumer Protection | DRT (2026)

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“ORIGINALAPPLICATION” No. 1064 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1064 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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HDFC Bank Limited , Registered Off ice at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai - 400013, Regional Branch Office is: 4th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur - 302023, Rajasthan, through authorized signatory Karunesh Srivastava.

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…..Applicant Bank…..

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VERSUS

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Mr. Harun Deen Mohammad, S/o Deen Mohammad, R/o Khanpur Mewan, Alwar - 301405, Rajasthan.

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……Defendant…..

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Counsel for the Applicant Bank Ms Vidisha Kaul Defendant Ex parte

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Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 24.06.2024 for recovery of outstanding amount of Rs. 22,10,468.06/- from the Defendant.

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As per the pleadings, the Defendant in the capacity of borrower had approached the applicant bank for availing

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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loan facility in the form of used commercial vehicle loan for the purpose of business improvement. After due consideration, the said loan facility was sanctioned by the Applicant Bank in favour of Defendant in the year 2023 vide loan agreement dated 04.08.2023 for a total sum of Rs. 19,65,131/-. It was specifically agreed between the parties that the asset that was financed by the applicant shall be hypothecated in favor of the applicant bank and the applicant shall enjoy first and exclusive charge upon the asset in question till the full repayment of the loan amount.

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It is submitted that in lieu of the aforesaid finance facility so availed, the defendant executed several documents in agreements on 04.08.2024 governing the terms & conditions, including Loan Agreement, Loan Schedule and Irrevocable Power of Attorney in favor of the applicant bank.

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It is submitted that soon after the availing the said finance facility the defendant failed to abide by the agreed terms of the agreement and started committing defaults on regular basis. Consequently, in view of the regular defaults committed by the defendant, various reminders were given to them to clear the due amount but the same went unheard to the deaf ears of the defendant.

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It is submitted that looking to the regular defaults committed by the defendant, the applicant bank issued loan recall notice dated 29.04.2024 to the defendant calling them to pay the outstanding amount, however the defendant have failed to deposit the outstanding dues and have further failed to return

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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the hypothecated asset in compliance of the loan recall notice.

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Defendant failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendant.

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Summons were issued to the Defendant on 28.08.2024. Counsel for the Applicant Bank has filed proof of dasti summons along with affidavit of service. Despite service none was appeared therefore he was proceeded ex-parte vide order dated 02.05.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Karunesh Shrivastava coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/7 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 1064 of 2024 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 22,10,468.06/(Rupees Twenty-Two Lac Ten Thousand Four Hundred SixtyEight and Six Paisa Only) with pendente lite and

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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future interest @ 10% (simple) from 18.06.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above

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amount from the sale of hypothecated asset/vehicle –

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Loan	Nature of	Model	Chassis No.	Engine No.	Reg. No.
Account	Facility/Description	No.
No.	of Hypothecated Asset
88274318	USED COMMERCIAL VEHICLE	TATA LPT 3718	MAT541068J1B23815	81B63671487	RJ14GN0757

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as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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11.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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12.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.04.2026 .

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13.Prepare Recovery Certificate accordingly.

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14.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 10.03.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1064 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

Mr. Harun Deen Mohammad, S/o Deen Mohammad, R/o Khanpur Mewan, Alwar - 301405, Rajasthan.

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……Defendant…..

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Recovery Certificate for Rs. 22,10,468.06/-

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In terms of final order dated 10.03.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 22,10,468.06/(Rupees Twenty-Two Lac Ten Thousand Four Hundred SixtyEight and Six Paisa Only) with pendente lite and

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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future interest @ 10% (simple) from 18.06.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above

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amount from the sale of hypothecated asset/vehicle –

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Loan	Nature of	Model	Chassis No.	Engine No.	Reg. No.
Account	Facility/Description	No.
No.	of Hypothecated Asset
88274318	USED COMMERCIAL VEHICLE	TATA LPT 3718	MAT541068J1B23815	81B63671487	RJ14GN0757

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as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 10.04.2026 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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This Certificate has been issued under my signatures and seal of the Tribunal on this 10.03.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1064 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

Mr. Harun Deen Mohammad, S/o Deen Mohammad, R/o Khanpur Mewan, Alwar - 301405, Rajasthan.

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……Defendant…..

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Order signed and uploaded on 11.03.2026.

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OA No. 1064 of 2024

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S. No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	25,000.00
2	Process Fee (Inc. Publication)	89.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	26,339.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

OA No. 1064 of 2024

10.03.2026

Counsel:

Ms Vidisha Kaul, Counsel for Applicant Bank Defendant is ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

OA No. 1064 of 2024

10.03.2026

Counsel:

Ms Vidisha Kaul, Counsel for Applicant Bank Defendant is ex-parte

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The Tribunal vide order dated 10.03.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 10.03.2026 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

Hdfc Bank v. Harun Deen Mohammad

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Harun Deen Mohammad

Case brief

What is this about?

What did the court decide?

What the court decided

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