Hdfc Bank v. Nisar Ahmed
Case brief
What is this about?
The Debts Recovery Tribunal allowed an application by HDFC Bank for recovery of Rs.38,78,086/- and interest from three defendants who were proceeded ex parte for failing to appear in an agricultural loan dispute.
What did the court decide?
Allowed recovery of Rs.38,78,086/- with interest; issued Recovery Certificate; directed sale of mortgaged land and distribution of proceeds.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
OA No: 1478/2022 Date of Institution: 25.07.2022 Date of Decision: 23.04.2026
HDFC Bank Limited having its branches all over India and a branch at Anantnag, State J & K.
……..Applicant Vs.
- Nisar Ahmed s/o Abdul Gani Itoo, r/o 192, Reban Gund Behram, Shopian, J&K.
- Abdul Gani Itoo s/o Abdul Satar Itoo, r/o 192, Reban Gund Behram, Shopian, J&K.
- Ghulam Nabi s/o Asadullah Sheikh, r/o 31-Hatipora Naid Gund, PO Yaripora, Distt Kulgam, J& K.
……….Defendants
Advocates
Sh. J.S. Sehgal, Counsel for the applicant bank. Defendants - ex parte vide order dated 19.07.2024 .
Issues for consideration
3 issues framed by the court
Whether the bank is entitled to recover the outstanding dues of Rs.38,78,086/- under the RDB Act.
How the joint and several liability of the borrowers and guarantor is to be enforced.
Whether a Recovery Certificate should be issued to proceed with the sale of mortgaged properties.
Parties & counsel
- applicant
HDFC Bank Limited
- respondent
Nisar Ahmed
- respondent
Abdul Gani Itoo
- respondent
Ghulam Nabi
Coram
Case details
As recorded by the court registry
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