Allowed

Hdfc Bank v. Sh. Surender Singh

DRT11 Feb 2026OA/1284/2023

Case brief

AI extract

What is this about?

This is an original application under Section 19 of the RDB Act for recovery of a loan of ₹19 Lacs availed by a borrower with another as guarantor. The Tribunal allowed the application, directed recovery of dues with interest costs, and issued a recovery certificate for execution through sale of mortgaged and other properties.

What did the court decide?

Recovery of ₹21,20,764.24 plus interest at 12% p.a. with half-yearly rests from 03.07.2023; mandatory costs; recovery certificate issued; sale of mortgaged land and personal properties directed.

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

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1284/2023 Date of Institution: 03.07.2023 Date of Decision: 11.02.2026

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HDFC Bank Limited having its branches all over India and a branch at Khasra No.251 and 491/1, Mauja Kasba Bazzar, Opp. MC Building, Rampur, District Shimla, Himachal Pradesh.

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……..Applicant

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Vs.

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Sh. Surender Singh S/o Sh. Sohan Lal, R/o Village Kuhl, PO Deothi, Tehsil Rampur Kuhl, Patena 140, Deothi, District Shimla, Himachal Pradesh.

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Sh. Rajender Kumar Ghondi S/o Sh. Sohan Lal Ghondi, R/o Village Kuhl, PO Deothi, Tehsil Rampur Kuhl, Patena 140, Deothi, District Shimla, Himachal Pradesh.

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……….Defendants

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Advocates

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Sh. K.P.S. Dhillon, Counsel for the applicant bank. Defendants - ex parte vide order dated 03.10.2024 .

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OA for the Recovery of ₹21,20,764.24p with interest @12% per annum with half-yearly rests from 03.07.2023.

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ORDER

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HDFC Bank Limited has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹21,20,764.24p with interest against Sh. Surender Singh and another (defendants).

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Bank’s case is that on 04.11.2013, it had granted a loan of ₹19.00 Lacs to defendant No.1 in the form of K.C.C Limit for agricultural purpose. To secure the loan, Defendant No.1 had mortgaged his land (fully detailed in para No.3A of the application). Defendant No.2 stood as guarantor vide guarantee cum hypothecation agreement dated

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12.11.2013, (Annexure A/5). The loan was chargeable to interest @12% per annum with half-yearly rests. Defendants had duly acknowledged their liability towards the debt on 04.08.2022. On 31.05.2023, a sum of ₹21,20,764.24p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 10.08.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 03.10.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Harminder Pal Singh, Senior Manager along with the loan and security documents and marked them as Exhibit A-1 to A-9.

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I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced the loan of ₹19.00 Lacs and on 31.05.2023, a sum of ₹21,20,764.24p was due.

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Accordingly, the application of the bank for the recovery of ₹21,20,764.24p (Rupees Twenty One Lacs Twenty Thousand Seven Hundred Sixty Four and Paise Twenty Four Only) with interest @12% per annum with half-yearly rests from 03.07.2023, till the date of payment is hereby allowed with costs. The liability of both the defendants would be joint and several. Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A of the application as well as from the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 20.03.2026, who is directed to distribute the sale proceeds of the mortgaged land and standing crops as per the provisions of Section 19(20-AB) of the Act . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

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Pronounced in the open Court. (A S Narang) Dated: 11.02.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Hdfc Bank v. Sh. Surender Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sh. Surender Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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