Allowed

Hdfc Bank v. Kabul Singh

DRT11 May 2026OA/1382/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of an outstanding loan of ₹32,29,392.76p with interest against two defendants who were proceeded ex parte for non-appearance, ordering a recovery certificate and subsequent sale of hypothecated vehicles.

What did the court decide?

Order allowing recovery of ₹32,29,392.76p with interest from Defendants; Liability declared joint and several; Recovery Certificate to be issued.

Hdfc Bank versus Kabul Singh — Contract and Commercial Disputes | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

¶2

BEFORE: A S NARANG, PRESIDING OFFICER

¶3

OA No: 1382 of 2023 Date of Institution: 25.07.2023 Date of Decision: 11.05.2026 HDFC Bank Ltd. having its branches all over India and a branch at Plot ……..Applicant Vs.

¶4

HDFC Bank Ltd. having its branches all over India and a branch at Plot No 1-15, Sector 101, ALPHA IT City, SAS Nagar (Mohali).

¶5

Kabul Singh s/o Sukhwinder Singh, Near Primary School, Bhukra, Gurdaspur, Punjab.

¶6

Sukhwant Kaur C/O Sewa Singh, Village Bhukra, Gurdaspur, Punjab.

¶7

……….Defendants

¶8

Advocates

¶9

Ms. Dipti Toni, Counsel for the applicant bank. Defendants - ex parte .

¶10

OA for the Recovery of ₹32,29,392.76p with interest @10% per annum with monthly rests from 25.07.2023.

¶11

ORDER

¶12

HDFC Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹32,29,392.76p with interest against Sh. Kabul Singh and another (defendants).

¶13

Bank’s case is that on 13.05.2021, it had granted a loan of ₹10,04,598/- and on 30.11.2022, it had granted another loan of ₹28,56,627/- to defendant no.1, both in the form of Vehicle Loan. To secure the loan, Defendant no.1 had hypothecated vehicle (fully detailed in para No.5.4 of the application). Defendant no.2 stood as the guarantor. The loans were chargeable to interest @10% per annum with monthly rests. On 07.07.2023, a sum of ₹32,29,392.76p was due from the

¶14

¶15

defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

¶16

On 24.08.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 06.09.2024, they were proceeded ex parte .

¶17

In order to prove its case, the Bank has placed on record the affidavit of Mr. Rajendra Prasad, Authorised officer along with the loan and security documents and marked them as Exhibit A-1 to A-9. 5. 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 loans under different schemes and on 07.07.2023, a sum of ₹32,29,392.76p was due. 6. Accordingly, the application of the bank for the recovery of ₹32,29,392.76p (Rupees Thirty Two Lacs Twenty Nine Thousand Three Hundred and Ninety Two and Seventy Six Paise Only) with interest @10% per annum with monthly rests from 25.07.2023, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of hypothecated vehicles fully detailed in para No.5.4) of the application as well as from the personal movable and immovable property(ies) of the defendants.

¶18

Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 15.06.2026, who is directed to distribute the sale proceeds of the hypothecated vehicles as per the provisions of Section 19(20-AB) of the Act .

¶19

¶20

A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open Court. (A S Narang) Dated: 11.05.2026 Presiding Officer DRT-1, Chandigarh

¶21

(Law Researcher)

Hdfc Bank v. Kabul Singh

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Kabul Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bank of India versus Mr Faisal Khan

Yes Bank versus Rcc Limited Nad Anr.

Hdfc Bank versus Sahely Sari Palace and Ors.

State Bank of India versus Sh. Harjit Singh

Shishir Sharma versus Canara Bank

Anita Gupta versus Indian Bank