In an ex-parte original application filed under the Recovery of Debts and Bankruptcy Act, the Tribunal allowed the debtor recovery application for Rs. 81,32,927.00, granted interest at 8% p.a., and issued a recovery certificate.
Recovery Certificate issued for Rs. 81,32,927.00 along with 8% per annum simple interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ORIGINAL APPLICATION NO.1804/2025
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 30.12.2025
DATE OF DECISION: 15.04.2026
HDFC Bank Ltd., a banking company. carrying on the banking business under the Banking Regulation Act, 1949, incorporated under The Companies Act, 1956 and having its registered office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai 400011, whereas one of its branch at "Mandi Dabwali, Haryana" through Sh. Vivek Singh, Deputy Manager (Agriculture Legal), HDFC Bank Ltd., Regional Office, Mohali, District Mohali, Punjab being Power of Attorney holder/Authorized Officer of applicant bank.
Versus
….. Defendants
Advocates:
Argued by Ms. Harpreet Kaur, Advocate proxy for Sh. Dheeraj Gautam, Advocate for applicant
None for Defendants (Already ex-parte vide order dated 19.02.2026)
FINAL ORDER
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
Deputy Manager of the applicant, who is competent to institute the Original Application vide Power of Attorney dated 21.03.2025, which is Annexure A1 to this OA.
| 4. Def (i) T |
endant nos. 1 to 3 mortgaged their immovable properties i.e., otal Land Measuring 160 Kanals 16 Marla detailed as |
|---|---|
| unde | r:- |
| a) | Land measuring 05 Kanals 00 Marla 100/3097 Spare of land |
| measuring 154 Kanals 17 Marlas under Khewat No. 532, 534, | |
| 535 rect., ownership of defendant no.1, vide Mutation No. 5342. | |
| b) | Land measuring 16 Kanals 11 Marla 331/1992 Share of land |
| measuring 99 Kanals 12 Marlas under Khewat No. 581 rect., | |
| ownership of defendant no. 1, vide Mutation No. 5436, 5437. | |
| c) | Land measuring 03 Kanals 02 Maria 62/1348 Share of land |
| measuring 67 Kanals 08 Marlas under Khewat No. 581 rect., | |
| ownership of defendant no.1, vide Mutation No. 5437. |
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
All properties situated at village Tarmala, Tehsil Malout District Sri Muktsar Sahib vide Jampbandi for the Year 2014-15 and Declaration u/s 4(1) of PACO Act dated 18.12.2019 along with copy of Mutation form dated 18.12.2019 for creation of mortgage in favor of applicant, which are Annexures A9 & A10 to this OA; (ii) Total Land Measuring 162 Kanals 11 Marla detailed as under:-
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
h) 7K-00M Comprised In Khewat no. 677, Khatoni No. 964, Rect, No. 195 Killa no. 4/2(7-0), (120/419 share of Nirbhay Singh and 299/419 share of defendant no.3)
i) 40K-00M Comprised in Khewat no. 578, Khatoni no. 808, Rect, no. 190 Killaino, 23/2(4-0), 24(8-0), 25(7-12), Rect, no, 195 killa no. 3/1/2(1-8), 5(7-12), 10/1(5-6), 11/2(6-0), (Share of defendant no.3).
As per Jamabandi for the year 2019-20 situated in village Tarmala, Hadbast no. 22, Tehsil Lambi, District Sri Muktsar Sahib & Mutation bearing no. 5749. Declaration u/s 4(1) of PACO Act dated 06.10.2023 along with copy of Mutation form for creation/extension of mortgage in favor of applicant, which are Annexures A18 & A19 to this OA; Documents executed: Agreements for Overdraft facilities/Cash Credit Facility Cum Guarantee Cum Hypothecation, dated 16.12.2019, which are Annexures A6 to A8 to this OA; Agreements for Overdraft facilities/Cash Credit Facility Cum Guarantee Cum Hypothecation dated 07.10.2023, which are A nnexures A15 to A17 to this OA; Legal Notice 24.04.2025 along with postal receipts which is Annexure A20 to this OA; Statement of Accounts along with Certificate, which are Annexures A21 to A24 to this OA;
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
From the perusal of all the Annexures A1 to A24 to this OA, it is proved that the defendant nos. 1 to 3 approached applicant bank for availing of the loan facilities which were granted to them, defendant no.4 stood as guarantor and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, loan 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.81,32,927.00 (Rupees Eighty One Lacs Thirty Two Thousand Nine Hundred Twenty Seven 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.
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
properties/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 Tribunal deems it just and appropriate to grant simple interest @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.
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OA NO.1804/2025 HDFC BANK LTD. VS SH. NIRBHAY SINGH AND OTHERS
Hundred Twenty Seven 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 of defendant nos. 1 to 3 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 05.05.2026.
(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh
2 issues framed by the court
Whether the debt recovery tribunal had the jurisdiction to invoke the powers under Section 18 and 19 of the RDB Act for recovery of the loan.
Whether interest at 8.00% p.a. should be allowed on the principal sum instead of the claimed 11% p.a..
2 provisions across 2 enactments
HDFC Bank Ltd.
Sh. Nirbhay Singh
Smt. Amandeep Kaur
Smt. Baksheesh Kaur
Sh. Ranjodh Singh
MRIDULESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
