Allowed

Hdfc Bank Limited v. Sh. Sukhbir Singh @Sukhveer Singh and Others

DRT6 Mar 2026OA/1571/2025

Case brief

AI extract

What is this about?

This Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 43.46 lakhs. While upholding liability, the Tribunal modified the interest rate to 8% p.a. uniformly and directed issuance of a Recovery Certificate and future execution proceedings.

What did the court decide?

Directing defendants to pay Rs. 43,46,205.76 with interest at 8% p.a.; issuing Recovery Certificate; permitting recovery via sale of mortgaged or personal assets.

Hdfc Bank Limited versus Sh. Sukhbir Singh… — Contract and Commercial Disputes | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1571/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 11.11.2025

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DATE OF DECISION: 06.03.2026

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HDFC Bank Limited, incorporated under the Companies Act, 1956 and Bank within the meaning of the Banking Regulations Act, 1949 and having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 and its Regional Office at HDFC Bank Ltd., Bank House Plot No, I-15, Sector 101 Alpha, IT City, Mohali, District S.A.S. Nagar, Punjab-160062 and having one of its branch office at Killonwali, District Muktsar (Punjab) through its Authorized Signatory Sh. Sandeep Kumar Garg.

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……..Applicant

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Versus

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Sh. Sukhbir Singh @ Sukhveer Singh S/o Sh. Sukhwinder Singh, R/o 298, Village Kolianwali, (Dhanian) Tehsil Malout, District Muktsar-152197.

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Smt. Amarjit Kaur W/o Sh. Sukhwinder Singh, R/o 298, Village Kolianwali, (Dhanian) Tehsil Malout, District Muktsar-152197.

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Sh. Jagjit Singh S/o Sh. Rajbir Singh, R/o Kolianwali, (Dhanian) Tehsil Malout, District Muktsar-152197.

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……. Defendants

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Advocates:

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Argued by Sh. Abhinav Singla, Advocate proxy for Sh. Ankur Jindal Advocate for applicant (Through VC)

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Defendants already ex-parte vide order dated 27.01.2026

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FINAL ORDER

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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.43,46,205.76 (Rupees Forty Three Lacs Forty Six Thousand Two Hundred Five and Paise Seventy

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¶19

OA NO.1571/2025 HDFC BANK LIMITED VS. SUKHBIR SINGH ALIAS SUKHVEER SINGH AND OTHERS

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Six Only). The Original Application has been filed through Mr. Sandeep Kumar Garg, Authorized Officer 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.

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The brief facts of the OA are that the defendant nos. 1 and 2 approached the applicant for grant of Agriculture Cash Credit Limit of Rs.25.63 Lacs and Agriculture Overdraft of Rs.5.02 Lacs and Agriculture DOD of Rs.2.15 Lacs vide Loan Application dated 20.01.2022, which is Annexure A2 to this OA. Defendant no. 3 stood as guarantor.

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The applicant sanctioned the Agriculture Cash Credit Limit of Rs.23.50 Lacs and Agriculture Overdraft of Rs.6.50 Lacs vide Sanction Letter dated 01.02.2022, which are Annexures A3 & A4 to this OA and terms and conditions were duly accepted by the defendants. 4. Defendant nos. 1 and 2 mortgaged their immovable properties i.e. Land Measuring 96Kanal-00Marla (47Kanal in the name of defendant no. 1 and 49Kanal in the name of defendant no. 2) situated at Village Kolianwali, Hadbast no. 54, Tehsil Malout, District Sri Muktsar Sahib, Punjab vide Declaration dated 04.02.2022 u/s 4(1) of Punjab Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1978, which is Annexure A5 to this OA; Confirmation Letter by Advocate dated 08.02.2022, which is Annexure A6 to this OA. Documents executed: Agreements for Overdraft/Cash Credit cum guarantee cum hypothecation, both dated 03.02.2022, which are Annexures A7 & A8 to this OA; Statement of Accounts with certificate, which are Annexures A9 to A11 to this OA; Legal Notice dated 19.06.2025, with postal receipts dated 23.06.2025, which are Annexures A12 to A15 to this OA.

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¶24

OA NO.1571/2025 HDFC BANK LIMITED VS. SUKHBIR SINGH ALIAS SUKHVEER SINGH AND OTHERS

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The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in both the loan accounts there was a debit of Rs.43,46,205.76, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 27.01.2026.

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In support of the OA, affidavit of Sh. Sandeep Kumar Garg, Authorized Officer, HDFC Bank Limited has been filed. 8. Heard ex-parte arguments and perused record.

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It was argued by learned proxy counsel through video conferencing that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A15 to this OA, it is proved that the defendants approached applicant for availing of the loan facilities which were granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, accounts of the defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant bank is entitled to recover a sum of Rs.43,46,205.76 (Rupees Forty Three Lacs Forty Six Thousand Two Hundred Five and Paise Seventy Six Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the accounts. 10. In so far as pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest

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OA NO.1571/2025 HDFC BANK LIMITED VS. SUKHBIR SINGH ALIAS SUKHVEER SINGH AND OTHERS

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@13%p.a. in CC Limit and @ 16%p.a. in Overdraft from 01.04.2025 till the realization.

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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 @8.00%p.a. in both 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.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.43,46,205.76 (Rupees Forty Three Lacs Forty Six Thousand Two Hundred Five and Paise Seventy Six Only), jointly and severally, with costs, current and future simple interest @8.00%p.a. in both 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 hypothecated assets/mortgaged properties 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.

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12. Any other application pending stands disposed of .

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Issue Recovery Certificate accordingly.

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OA NO.1571/2025 HDFC BANK LIMITED VS. SUKHBIR SINGH ALIAS SUKHVEER SINGH AND OTHERS

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Parties to appear before Learned Recovery Officer of this Tribunal on 24.03.2026.

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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.

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Pronounced by me in the open Tribunal .

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Dated: 06.03.2026.

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(MRIDULESH KUMAR SINGH)

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Presiding Officer,

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DRT-III, Chandigarh

Hdfc Bank Limited v. Sh. Sukhbir Singh @Sukhveer Singh and Others

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Sh. Sukhbir Singh @Sukhveer Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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