Allowed

Hdfc Bank v. Deepak Goswami

DRT25 Mar 2026OA/1227/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the Applicant Bank's Original Application for recovery of a loan of Rs. 33,78,246.07 plus interest. The court declared the respondents jointly and severally liable and directed the issuance of a Recovery Certificate to enforce payment from mortgaged and personal assets.

What did the court decide?

Recovery Certificate issued ordering repayment of Rs. 33,78,246.07 with interest from mortgaged and personal assets.

Hdfc Bank versus Deepak Goswami — Banking and Recovery | DRT (2026)

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“ORIGINAL APPLICATION” No. 1227 OF 2024

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

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PRESIDING OFFICER O.A. NO. 1227 OF 2024

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DATE OF RESERVE OF ORDER 23.03.2026

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DATE OF DELIVERY OF ORDER 25.03.2026

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HDFC Bank limited , having its registered office at HDFC Bank House, S.B. Marg, lower Parel (West), Mumbai, 400013 and Regional Office at 4th Floor, Time Square Building, 10, Central Spine, Vidhyadhar Nagar, Jaipur, Rajasthan - 302023, through its Authorized Signatory Mr. Tarun Yadav.

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…..Applicant Bank…..

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VERSUS

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1. Sh. Deepak Goswami , Address: Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu, Rajasthan331023.

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2. Sh. Rajendra Prasad S/o Sh. Jugal Kishore, Address - Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu Rajasthan- 331023.

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3. Smt. Geeta Deepak W/o Sh. Deepak, Address: Ward No. 29, Mohalla Rambass, Rajgarh, Churu- 331023, Rajasthan.

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4. Sh. Punit Goswami S/o Sh. Sunil Goswami, Address - lndasar Gothya Bari, Rajgarh, Churu- 331023, Rajasthan.

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……Defendants…..

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Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants Ex parte

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JUDGMENT

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This Original Application was filed by the applicant bank on 14.08.2024 for recovery of outstanding amount of Rs. 33,78,246.07/- from the Defendants.

¶20

As per the pleadings, Defendant No. 1 in the capacity of borrower, Defendant no. 2 & 3 in the capacity of co-borrower and Defendant no. 4 in the capacity of Guarantor had approached the applicant bank for availing credit facility in the form of KGC limit by mortgage of immovable properties.

¶21

After due consideration, the said credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2021 vide sanction letter dated 25.01.2021 for a total sum of Rs. 20,20,000/which was subsequently renewed/reduced/modified/enhanced from time to time and lastly renewed vide sanction letter dated 29.11.2021 for a total sum of Rs. 27,80,000/-.

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It is submitted that to secure the credit facility, the defendants specifically agreed to mortgage the immovable property as mentioned in Para 3A of this OA.

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It is submitted that, looking to the regular defaults committed by the Defendant(s), the applicant issued loan recall notices dated 26.06.2024 pertaining to the aforesaid loan Account(s),

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Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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despite of which the Defendant(s) to clear the due amount of the applicant bank.

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Defendants 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 Defendants.

¶29

Summons were issued to the Defendants on 03.10.2024. Counsel for the Applicant Bank filed proof of dasti summons on 11.04.2025. Despite service none appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 07.07.2025.

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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 Tarun Yadav coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/12 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally 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. 1227 OF 2024 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 33,78,246.07/- (Rupees Thirty Three Lac Seventy Eight Thousand Two Hundred Forty Six and Seven Paisa Only) with

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Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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pendente lite and future interest @ 10% (simple) from 20.06.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties –

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1. 1347 /1705 portion in the name of defendant no. 2 of Khata No. 102, Khasra No. 150, Village lndasar, Tehsil Rajgarh, District Churu, Rajasthan.

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1. 1461/50800 portion in the name of defendant no. 2 of Khata No. 103, Khasra No. 130 and 172, Village lndasar, Tehsil Rajgarh, District Churu; Rajasthan.

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as well as from the personal movable and immovable properties/assets of Defendants. 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 28.04.2026 .

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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 & uploaded on 25.03.2026

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OA No. 1227 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. 23.03.2026 .

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

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Order signed & uploaded on 25.03.2026

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OA No. 1227 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. 1227 OF 2024

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DATE OF RESERVE OF ORDER 23.03.2026 DATE OF DELIVERY OF ORDER 25.03.2026

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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

1. Sh. Deepak Goswami , Address: Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu, Rajasthan331023.

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2. Sh. Rajendra Prasad S/o Sh. Jugal Kishore, Address - Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu Rajasthan- 331023.

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3. Smt. Geeta Deepak W/o Sh. Deepak, Address: Ward No. 29, Mohalla Rambass, Rajgarh, Churu- 331023, Rajasthan.

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4. Sh. Punit Goswami S/o Sh. Sunil Goswami, Address - lndasar Gothya Bari, Rajgarh, Churu- 331023, Rajasthan.

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……Defendants…..

¶71

Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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Recovery Certificate for Rs. 33,78,246.07/-

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In terms of final order dated 25.03.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 33,78,246.07/- (Rupees Thirty Three Lac Seventy Eight Thousand Two Hundred Forty Six and Seven Paisa Only) with pendente lite and future interest @ 10% (simple) from 20.06.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties –

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1. 1347 /1705 portion in the name of defendant no. 2 of Khata No. 102, Khasra No. 150, Village lndasar, Tehsil Rajgarh, District Churu, Rajasthan.

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1. 1461/50800 portion in the name of defendant no. 2 of Khata No. 103, Khasra No. 130 and 172, Village lndasar, Tehsil Rajgarh, District Churu; Rajasthan.

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as well as from the personal movable and immovable properties/assets of Defendants. 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. Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 28.04.2026 .

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Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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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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This Certificate has been issued under my signatures and seal of the Tribunal on this 25.03.2026 .

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

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Order signed & uploaded on 25.03.2026

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OA No. 1227 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. 1227 OF 2024

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DATE OF RESERVE OF ORDER 23.03.2026 DATE OF DELIVERY OF ORDER 25.03.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Sh. Deepak Goswami , Address: Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu, Rajasthan331023.

¶101

2. Sh. Rajendra Prasad S/o Sh. Jugal Kishore, Address - Ward No. 38, Near Bhakkad School, Sadulpur, Rajgarh, Churu Rajasthan- 331023.

¶102

3. Smt. Geeta Deepak W/o Sh. Deepak, Address: Ward No. 29, Mohalla Rambass, Rajgarh, Churu- 331023, Rajasthan.

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4. Sh. Punit Goswami S/o Sh. Sunil Goswami, Address - lndasar Gothya Bari, Rajgarh, Churu- 331023, Rajasthan.

¶104

……Defendants…..

¶105

Order signed & uploaded on 25.03.2026

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OA No. 1227 OF 2024

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	36,000.00
2	Process Fee (Inc. Publication)	230.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	37,480.00

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

¶110

Order signed & uploaded on 25.03.2026

OA No. 1227 OF 2024

25.03.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are 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

¶118

Order signed & uploaded on 25.03.2026

OA No. 1227 OF 2024

25.03.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

¶124

The Tribunal vide order dated 25.03.2026 , 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 25.03.2026 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

¶127

Order signed & uploaded on 25.03.2026

Hdfc Bank v. Deepak Goswami

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Deepak Goswami

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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Case details

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