The Tribunal allowed the bank's original application for recovery of Rs. 34.95 lakhs. It granted interest at 8% p.a. and authorized recovery via mortgage sale or attachment of personal assets, directing issuance of a recovery certificate.
Recovery of Rs.34.95 lukhs plus costs and 8% p.a. interest from the date of filing. Issuance of Recovery Certificate.
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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ORIGINAL APPLICATION NO.1515/2025
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 01.10.2025
DATE OF DECISION: 07.01.2026
HDFC Bank Limited, having its Registered Office at Senapati Bapat Marg, Lower Parel (West), Mumbai-400013, also at HDFC Bank House Plot No. I-15, Sector 101 Alpha, IT City, Mohali-160662, also at HDFC Bank Branch, Samana, Patiala, Punjab through its Authorized Representative Sh. Dinesh Kumar.
……..Applicant Versus
Gajewas (Chutehra), Samana, Patiala-147101.
Gajewas, Samana, Patiala-147101
Chutehra, Samana, Patiala, Punjab-147005
….……Defendants
Advocates:
Argued by Sh. Sahaj Punj, Advocate proxy for Sh. Rajesh Jangra, Advocate for applicant
Defendants already ex-parte vide order dated 06.12.2025
FINAL ORDER 1. Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993, against the defendants for recovery of Rs.34,95,238.99 (Rupees Thirty Four Lacs Ninety Five Thousand Two Hundred Thirty Eight & Paise Ninety Nine Only). The Original Application has been filed through Sh. Dinesh Kumar, Authorized Representative, of the applicant, who is competent to institute the Original Application vide Power of attorney dated 17.01.2024, which is Annexure A1 to this OA.
2
OA NO.1515/2025 HDFC BANK LTD. VS. SUKHWINDER SINGH AND OTHERS
Documents executed: Agreement for Overdraft/Cash Credit cum guarantee cum hypothecation and Agreement for Term Loan cum guarantee cum hypothecation, both dated 19.11.2019, which are Annexure A6 (Colly) to this OA; Demand notice dated 04.12.2024, along with postal receipts, which are Annexure A8 (Colly) to this OA and statement of accounts along with certificate under Banker Book of Evidence, which are Annexure A9 (Colly) to this OA.
3
OA NO.1515/2025 HDFC BANK LTD. VS. SUKHWINDER SINGH AND OTHERS
The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property/hypothecated assets, undertaking of the defendants, quantum of loans and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest
4
OA NO.1515/2025 HDFC BANK LTD. VS. SUKHWINDER SINGH AND OTHERS
@8.00%p.a. in all the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.34,95,238.99 (Rupees Thirty Four Lacs Ninety Five Thousand Two Hundred Thirty Eight & Paise Ninety Nine Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in all the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of mortgaged properties/hypothecated assets of defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law. 12. Any other application pending stands disposed of . 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 20.01.2026. 15. Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal . Dated: 07.01.2026. (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh
1 issue framed by the court
Whether the original application filed for recovery of dues under Section 19 of the RDB Act, 1993 was maintainable and evidence of loan was proved.
2 provisions across 2 enactments
HDFC Bank Limited
Sh. Sukhwinder Singh
Sh. Amandeep Kaur
Sh. Gurtej Singh
Mridulesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
