Allowed

Hdfc Bank Ltd. v. Sh. Gursharan Singh Rattan Alias Major Gursharan Singh Rattan and Others

DRT13 Feb 2026OA/1155/2025

Case brief

AI extract

What is this about?

The DRT allowed the bank's application under the RDB Act for recovery of a housing loan default. The court declared the defendants liable to pay the outstanding sum and ordered the issuance of a recovery certificate and enforcement against mortgaged or personal assets.

What did the court decide?

Declaration of liability for Rs.46,21,246.00 with 8% p.a. interest; Recovery Certificate issued; recovery authorized via sale of mortgaged or personal assets.

Hdfc Bank Ltd. versus Sh. Gursharan Singh Rattan Alias… — Execution and Attachment | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1155/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 19.08.2025

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DATE OF DECISION: 13.02.2026

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HDFC Bank Ltd, a Banking Company duly incorporated under the provisions of the Companies Act, 1956, having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai400013 and its substitution being the Transferee Bank to the then Applicant i.e. erstwhile HDFC Ltd (by virtue of Order dated 17.3.2023 passed by NCLT, Mumbai) having its Regional Office at SCO No. 153155, Sector 8-C, Chandigarh-160008, through its Authorized Representative Sh. Swapnil Verma

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……..Applicant Versus

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Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan, S/o Sh. Ranbir Singh Rattan, R/o 230, St No. 4B, Ram Basti, Sangrur, 148001.

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Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan, S/o Sh. Ranbir Singh, R/o QTR no. 19/256, Turf View 249, AJC Bose Road, Kolkata-700022.

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Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan, S/o Sh. Ranbir Singh, R/o House no. 208, Phillora Enclave, through Tara Poregate, Sangrur Gate, Patiala-147001 Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan S/o Ranbir Singh, R/o Flat no. B-257, Second Floor, Golf Links-II, Sector-116, SAS Nagar-140300.

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Smt. Harveen Kaur w/o Sh. Gursharan Singh, R/o 230, St No. 4B, Ram Basti, Sangrur, 148001.

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Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan S/o Sh. Ranbir Singh, R/o QTR no. 19/256, Turf View 249, AJC Bose Road, Kolkata, 700022.

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OA NO. 1155/2025 HDFC BANK LTD. VS. GURSHARAN SINGH RATTAN ALIAS MAJOR GURSHARAN SINGH RATTAN AND OTHERS

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Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan S/o Sh. Ranbir Singh, R/o House no. 208, Phillora Enclave, through Tara Poregate, Sangrur Gate, Patiala-147001 Also at: Sh. Gursharan Singh Rattan alias Major Gursharan Singh Rattan S/o Sh. Ranbir Singh, R/o Flat no. B-257, Second Floor, Golf Links-II, Sector-116, SAS Nagar-140300

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M/s Ansal Properties & Infrastructure Limited, having its Registered Office at 115, Ansal Bhawan, 16, K.G. Marg, New Delhi - 110001. Also at: Ansal Properties and Infrastructure Ltd. C/o SCO 183 and 184, Sector-9C, Madhya Marg, above British Library Chandigarh-160009

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………. Defendants

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Advocates:

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Argued by Ms. Prerna, Advocate proxy for Ms. Deepika Mittal, Advocate for Applicant

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Defendants already ex-parte vide order dated 15.12.2025.

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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.46,21,246.00 (Rupees Forty Six Lacs Twenty One Thousand Two Hundred and Forty Six Only). The Original Application has been filed through Sh. Swapnil Verma, Authorized Representative, of the applicant who is competent to institute the Original Application vide Power of Attorney dated 04.03.2024, which is Annexure A2 to this OA.

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The brief facts of the OA are that the defendants approached the applicant for grant of Housing Loan of Rs.35.00 Lacs for purchase of Flat in project of defendant no. 3 vide Loan application dated 09.07.2014, which is Annexure A3 to this OA.

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OA NO. 1155/2025 HDFC BANK LTD. VS. GURSHARAN SINGH RATTAN ALIAS MAJOR GURSHARAN SINGH RATTAN AND OTHERS

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The applicant sanctioned the Home Loan of Rs.35.00 Lacs and terms and conditions duly accepted by the defendants. Home Loan agreement dated 09.07.2014, which is Annexure A4 to this OA. Acceptance copy dated 03.06.2014, which is Annexure A5 to this OA. 4. Defendants mortgaged their immoveable property i.e. Residential Unit/Floor no. 0164-0-257SF, measuring 1435 sq. ft., with undivided proportionate area of land underneath, at Second Floor, Victoria Floors, Golf Links-II, Sector-116, SAS Nagar, Mohali, Punjab. Allotment letter dated 16.05.2014, which is Annexure A7 to this OA; Buyer Agreement dated 16.05.2014, which is Annexure A8 to this OA; Tripartite Agreement dated 16.05.2014, which is Annexure A9 to this OA; Permission to mortgage dated 16.05.2014, which is Annexure A10 to this OA.

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As per the OA, the possession of the flat is not handed over by defendant no. 3 to defendant no. 1 and 2.

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Documents executed : NCLT Order dated 17.03.2023 which is Annexure A1 to this OA; DP Note dated 09.07.2014, which is Annexure A6 to this OA; Letter, which is Annexure A11 to this OA; Recall notice dated 29.05.2023, which is Annexure A12 to this OA; Demand Notice dated 14.06.2023 u/s 13(2) of SARFAESI Act, which is Annexure A13 to this OA and Statement of Account, which is Annexure A14 to this OA.

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The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.46,21,246.00, 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 notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex parte vide order dated 15.12.2025.

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OA NO. 1155/2025 HDFC BANK LTD. VS. GURSHARAN SINGH RATTAN ALIAS MAJOR GURSHARAN SINGH RATTAN AND OTHERS

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In support of the OA, affidavit of Mr. Swapnil Verma, Authorized Representative, 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 proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A14 to this OA, it is proved that the defendant nos. 1 and 2 approached the applicant for availing of the loan facility for purchase of flat in project launched by defendant no. 3. The loan facility was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.46,21,246.00 (Rupees Forty Six Lacs Twenty One Thousand Two Hundred and Forty Six Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the account. 10. In so far as pendent lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @10.25% p.a. with 18% p.a. penal interest with monthly rests from 09.08.2025 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 property, undertaking of the defendants, quantum of loan 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 uniform simple interest @08.00%p.a. in

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OA NO. 1155/2025 HDFC BANK LTD. VS. GURSHARAN SINGH RATTAN ALIAS MAJOR GURSHARAN SINGH RATTAN AND OTHERS

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the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.46,21,246.00 (Rupees Forty Six Lacs Twenty One Thousand Two Hundred and Forty Six Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in the loan account 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 property of the defendants 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. 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 27.02.2026. 15. 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. Pronounced by me in the open Tribunal . Dated: 13.02.2026. (MRIDULESH KUMAR SINGH) Presiding Officer,

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DRT-III, Chandigarh

Hdfc Bank Ltd. v. Sh. Gursharan Singh Rattan Alias Major Gursharan Singh Rattan and Others

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. Sh. Gursharan Singh Rattan Alias Major Gursharan Singh Rattan and Others

Case brief

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What did the court decide?

What the court decided

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