Allowed

Hdfc Bank v. Sh. Gurjant Singh and Others

DRT19 Mar 2026OA/1788/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by HDFC Bank Limited for recovery of Rs.51,96,977.51. The court modified the claimed penal interest to uniform simple interest at 8% per annum and directed the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs.51,96,977.51 with simple interest at 8% p.a. issued Recovery Certificate and directed appearance before Recovery Officer.

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

¶1

DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

¶2

ORIGINAL APPLICATION NO.1788/2025

¶3

PRESIDED OVER BY MRIDULESH KUMAR SINGH

¶4

DATE OF INSTITUTION: 18.12.2025

¶5

DATE OF DECISION: 19.03.2026

¶6

HDFC Bank Limited, having its Registered Office at HDFC Bank Ltd., Senapati Bapat Marg, Lower Parel (West), Mumbai- 400013, having its Branch Office at VPO Chola Sahib, Rudiwala Road, District Tarn Taran, Punjab-143408, Also at Plot No I-15, Sector 101 Alpha, It City, Mohali, District S.A.S. Nagar, Punjab, through its Authorized Representative, Sh. Dinesh Kumar.

¶7

……..Applicant

¶8

Versus

¶9

Sh. Gurjant Singh S/o Sh. Swaran Singh, R/o Kambo Dhaiwala,

¶10

District Tarn Taran, Punjab-143408

¶11

Sh. Gurmeet Singh S/o Sh. Swaran Singh, R/o Kambo Dhaiwala, District Tarn Taran, Punjab-143408

¶12

Sh. Gurdev Singh S/o Sh. Salwinder Singh, R/o Kambo Dhaiwala, District Tarn Taran, Punjab-143408.

¶13

….……Defendants

¶14

Advocates:

¶15

Argued by Ms. Kanika Rana, Advocate proxy for Sh. Tarunjit Singh, Advocate for the applicant.

¶16

Defendants already ex-parte vide order dated 11.02.2026.

¶17

FINAL ORDER

¶18

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.51,96,977.51 (Rupees Fifty One Lacs Ninety Six Thousand Nine Hundred Seventy Seven And Paise Fifty One 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.

¶19

¶20

OA NO.1788/2025 HDFC BANK LTD. VS. GURJANT SINGH AND OTHERS

¶21

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.31.00 Lacs & Agriculture Overdraft limit of Rs.5.00 Lacs. Defendant no. 3 stood as guarantor. 3. The applicant sanctioned Agriculture Cash Credit Limit of Rs.31.00 Lacs & Agriculture Overdraft limit of Rs.5.00 Lacs vide sanction letters dated 22.04.2020, which are Annexure A2 (Colly) to this OA and terms and conditions were duly accepted by the defendants. 4. The Defendant nos. 1 & 2 mortgaged their immovable property i.e. Land measuring 128Kanal-0Marla (16 Acres), situated in Village Kambo Dhai Wala, Hadbast No.355, Tehsil and District Tarn Taran, Punjab vide declaration dated 22.05.2020 u/s 4(1) of Punjab Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1978, which is Annexure A5 to this OA; Title Search Report dated 31.03.2020, which is Annexure A6 to this OA; Letter for Registration of Bank Charge, which is Annexure A7 to this OA. Documents executed: Agreement for Overdraft/Cash Credit cum guarantee cum hypothecation dated 08.06.2020, which are Annexures A3 and A4 to this OA; Demand Notices dated & 12.09.2025, which is Annexure A8 to this OA; Demand Notice dated 21.05.2024 with postal receipts, which is Annexure A9 to this OA and Statements of the accounts with certificate, which are Annexures A10 to A12 to this OA. 5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in the loan accounts, there was a debit of Rs.51,96,977.51, 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.

¶22

¶23

OA NO.1788/2025 HDFC BANK LTD. VS. GURJANT SINGH AND OTHERS

¶24

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 11.02.2026.

¶25

In support of the OA, affidavit of Mr. Dinesh Kumar, Authorized Representative, HDFC Bank Ltd. has been filed.

¶26

Heard ex-parte arguments and perused record.

¶27

It was argued by learned proxy counsel 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 A12 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, both the accounts of the defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.51,96,977.51 (Rupees Fifty One Lacs Ninety Six Thousand Nine Hundred Seventy Seven And Paise Fifty One 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 @10.50%p.a. plus 16% penal interest with half yearly rests from 02.04.2025 till the realization.

¶28

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 loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this

¶29

¶30

OA NO.1788/2025 HDFC BANK LTD. VS. GURJANT SINGH AND OTHERS

¶31

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. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.51,96,977.51 (Rupees Fifty One Lacs Ninety Six Thousand Nine Hundred Seventy Seven And Paise Fifty One 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 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 09.04.2026. 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: 19.03.2026.

¶32

(MRIDULESH KUMAR SINGH)

¶33

Presiding Officer, DRT-III, Chandigarh

Hdfc Bank v. Sh. Gurjant Singh and Others

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sh. Gurjant Singh and Others

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

State Bank of India versus Sh. Balwant Singh and Another

Bank of Baroda versus M/S Knight Detectives and Security Services Pvt. Ltd. and Others

Hdfc Bank Ltd. versus M/S Beri Industries and Another

Canara Bank versus M/S Shani Kirpa Enterprises and Another

Icici Bank Limited versus Sh. Phuman Singh and Another

Yes Bank Ltd. versus Sh. Gurpiar Singh and another