Allowed

Hdfc Bank v. Sri Nirmal Kr Rai

DRT14 Sept 2026OA/125/2024

Case brief

AI extract

What is this about?

Presiding Officer Rakesh Pati Tiwari of the Debt Recovery Tribunal, Siliguri, disposed of an ex-parte application filed by HDFC Bank Limited against Sri Nirmal Kr Rai for the issuance of a Certificate of Recovery. The Bank sought recovery of outstanding dues of approximately Rs. 26.27 Lakhs arising from a personal loan and credit card facility. The Tribunal, satisfied with the documentary evidence and the absence of contradiction from the non-present respondent, adjudged the debt amount, adjusted the interest rate on the credit card facility to 20% p.a., and issued orders for recovery with an asset preservation injunction and a 30-day repayment timeline.

What did the court decide?

Certification of recovery for Rs. 26,27,658.13 plus interest; temporary injunction barring asset disposal; 30-day repayment period.

Hdfc Bank versus Sri Nirmal Kr Rai — Contract and Commercial Disputes | DRT (2026)

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DEBTS RECOVERY TRIBUNAL, SILIGURI

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Case No. OA/125/2024	ORDERSHEET HDFC Bank -VS- Sri Nirmal Kr. Rai
Date of the order.	Order with signature	Office action with date and dated signature of parties when necessary.
14.09.2026	Present :- Counsel for the Applicant : None. Counsel for the Defendant : Ex-parte. Today there is one Resolution of the Bar. The order is dictated and corrected by the undersigned and pronounced in the open Tribunal under my signature on this 14^thday of September, 2026. Let the Certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendants in favour of Applicant Bank under Sub-Section 7 and 22 of Section – 19 of The Recovery of Debts and Bankruptcy Act, 1993 and put up the same for signature for issuance. Copy of the judgment/final order be given/sent to the parties. (Rakesh Pati Tiwari) Presiding Officer DRT-Siliguri RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI Date: 2026.09.15 17:24:14 +05'30'

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THE DEBTS RECOVERY TRIBUNAL,SILIGURI

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O.A. No. 125/2024

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HDFC BANK LIMITED, URRENCY CHEST BUILDING, 1ST FLOOR, 8334, M.N. SARKAR ROAD, CHANAPATTI, SILIGURI — 734001, WEST BENGAL.

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…………………….Applicant

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Vs.

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SRI NIRMAL KR RAI, H.NO 66, LOWER LJNGDUM, VILL-LOWER LINGDUM, LINGDUM, EAST SIKKIM, PIN: 737135. ALSO AT, EDUCATION DEPARTMENT OF SIKKIM, RANKA SENIOR SECONDARY SCHOOL, RANKA PERBING ROAD, GANGTOK, SIKKIM, PIN — 737102.

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……..……………Defendant

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Counsel for the Applicant : Mr. Sagnik Bhowmik. Counsel for the defendant : Ex-parte.

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PRESIDING OFFICER : RAKESH PATI TIWARI Date of Judgment -14.09.2026

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J U D G M E N T

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This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the sole defendant seeking issuance of Certificate of Recovery for realization of a sum of Rs.26,27,658.13P (Rupees Twenty-Six Lakhs Twenty-Seven Thousand Six Hundred Fifty-Eight and Thirteen Paisa) only inclusive of interest calculated upto 08.11.2024 and further interest from 09.11.2024 till realization of the entire amount along with injunction restraining the defendant from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs. 2. The facts in brief, giving rise to the present application as pleaded are that considering the application of the sole defendant, the Applicant Bank sanctioned a personal loan to the tune of Rs.29,06,305.00 (Rupees Twenty-Nine Lakhs Six Thousand Three Hundred and Five) only on 02.08.2023.The Defendant executed digitally through his Customer Id and Password a Personal Loan Agreement dated 02.08.2023, vide loan agreement no. PT02082300107, additional banking document, specifically a Customer Standing Instruction (S.I.) Debit Authorization. Thereafter on 24.06.2023 the Defendant, holding an existing Customer ID

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RAKES Digitally signed by RAKESH PATI H PATI TIWARI Date: 2026.09.15 TIWARI 17:24:24 +05'30'

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(Contd…)

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numbered 154118123, applied to the Applicant Bank for the issuance of a credit card, vide Application No. 23F24252530360EC and in consideration of the same, the Applicant Bank on 25.06.2023, sanctioned the requested credit card facility and a credit card bearing number 5372 06XX XXXX 5936 was issued to the defendant for personal use. After availing the loan facilities, the defendant failed to regularize the loan account and as such the loan account was classified as N.P.A. on 05.06.2024. Thereafter, the Applicant Bank issued Demand Notice on 22.07.2024 upon the defendant but the defendant did not comply with the said notice. After giving credits for all sums of moneys paid by and/or realized on behalf of the defendant a sum of Rs.26,27,658.13P (Rupees Twenty-Six Lakhs Twenty-Seven Thousand Six Hundred Fifty-Eight and Thirteen Paisa) only with interest calculated upto 08.11.2024 was due against the defendant.

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The defendant did not put their appearance before this Tribunal despite the service of summons upon the defendant through newspaper publications. Hence the matter is proceeding ex-parte against the defendant, vide order dated 09.01.2026.

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The Applicant Bank in support of its case has filed evidence by way of affidavit as affirmed by Sri Tarun Dutta, the Legal Manager of the Applicant Bank and also relied upon the following documents:-

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Sl. No.	Name of the documents	Exhibits No.
1.	Online loan application dated 02.08.2023	A
2.	Sanction Letter dated 02.08.2023	B
3.	Personal Loan Agreement dated 02.08.2023	C
4.	Customer Standing Instruction (S.I.) Debit Authorization dated 02.08.2023	D
5.	Credit Card Application dated 24.06.2023	E
6.	Legal Notice dated 22.07.2024 along with postal receipts	F Series
7.	Bankers Certificate, Notional Interest Calculation Sheet, Statements of accounts showing the aforesaid outstanding amounts along with the foreclosure statement	G Series
8.	Board Resolution of the Authorized Signatory of the Applicant Bank	H

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I have heard the learned counsel for the applicant bank and perused the documents and evidence adduced by the applicant bank. The Applicant bank has proved documentary evidence which are marked as Exhibits– ‘A’ to ‘H’. The

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.09.15 TIWARI 17:24:36 +05'30'

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(Contd…)

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sanction of loan has been proved by producing the Sanction Letter dated 02.08.2023 (Exhibit - ‘B’), the execution of required documents like online loan application, Personal Loan Agreement, Customer Standing Instruction (S.I.) Debit Authorization, Credit Card Application etc. have been proved by exhibiting the same at ‘A’, ‘C’ to ‘E’. By filing the statement of accounts (Exhibit-‘G Series’), the applicant bank has proved the total outstanding dues of Rs.26,27,658.13P (Rupees TwentySix Lakhs Twenty-Seven Thousand Six Hundred Fifty-Eight and Thirteen Paisa) only against the defendant.

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The applicant bank has filed this case against the defendant within three years from the date of sanction of loan and execution of loan documents on 02.08.2023 by the defendant and as such the claim of the applicant bank is within limitation.

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The applicant bank has got valid cause of action to file this case as after taking the loan the defendant failed to make payment as per the terms and conditions of the sanction letter agreed by the defendant.

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In the instant matter applicant bank has not pleaded about the specific rate of interest rather simply under para 6-II it is mentioned that the applicant bank is entitled to get pendente lite and further interest at the contractual rate. The rate of interest as mentioned in the loan documents is 10.75% p.a. with monthly rests for Personal loan account being no. 459212216. The rate of interest for the credit card being no.5372 06XX XXXX 5936 mentioned in notional interest calculation sheet is 42.00% p.a., which appears to be exorbitant. Thus the Applicant Bank is entitled to get interest @20.00% p.a. with monthly rests, which is reasonable, for the credit card being no. 5372 06XX XXXX 5936 for the pendente lite and post RC period till the realization of dues amount.

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There is nothing available on the record to contradict the version of the applicant bank as the ex-parte hearing has been made in this case. Thus the applicant bank has sufficiently proved its case by exhibiting all relevant documents.

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In the above circumstances, following order is passed ;

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O R D E R

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(i) O.A. No.125/2024 filed by the applicant bank is allowed against the sole defendant and it is hereby ordered that the applicant bank is entitled to recover the

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.09.15 TIWARI 17:24:49 +05'30'

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(Contd…)

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total dues debt amount for Rs.26,27,658.13/- (Rupees Twenty-Six Lakhs TwentySeven Thousand Six Hundred Fifty-Eight and Thirteen Paisa)only with interest calculated upto 08.11.2024 and further interest thereon @10.75% per annum with monthly rests from 09.11.2024 for Personal loan account being no. 459212216, and @20.00% p.a. with monthly rests for the credit card being no. 5372 06XX XXXX 5936 for the pendente lite and post RC period till the realization of dues amount from the defendant along with the cost amount.

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(ii) Amount, if any, paid by the defendant in the loan account or amount recovered by the applicant bank, if any, made towards the loan accounts after filing of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendant.

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(iii) The defendant is debarred from transferring; alienating, encumbering or disposing of any property and assets belonging to the defendant till the aforesaid adjudicated debt amount is recovered from the defendant.

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(iv) The defendant is given a time of thirty days from the date of this judgment for repayment of the above decreed debt amount with interest failing which the applicant bank is entitled to proceed against the said defendant personally and/or personal properties to recover the dues in accordance with law. (v) Let the certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendant in favour of applicant bank under Sub-Section 22 of Section-19 of The Recovery of Debts and Bankruptcy Act, 1993and put up the same for signature and issuance.

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(vi) Learned Recovery Officer is directed to realize the dues amount from the defendant as per the recovery certificate in accordance with law.

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(vii) Let this judgment be uploaded on website of the tribunal and the Registry is directed to serve/send copy of this judgment to the parties free of cost.

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(viii) Record is consigned to the record room along with the judgment.

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The judgment is signed and pronounced in the open Tribunal on 14^th

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day of September, 2026.

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.09.15 TIWARI 17:25:00 +05'30' (RAKESH PATI TIWARI) Presiding Officer DRT, Siliguri.

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(Contd…)

Hdfc Bank v. Sri Nirmal Kr Rai

Case brief

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Hdfc Bank v. Sri Nirmal Kr Rai

Case brief

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