Allowed

Hdfc Bank v. Jagdish Chandra

DRT10 Mar 2026OA/35/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's application for recovery of outstanding dues arising from a defaulted loan. The borrower was declared liable to pay the claim with interest and costs, and entitled to recover the amount from the sale of the hypothecated vehicle and other assets.

What did the court decide?

Directing the defendant to pay Rs. 37,94,293.77/- with future interest at 10%; authorizing recovery from the sale of hypothecated vehicle and other assets.

Hdfc Bank versus Jagdish Chandra — Banking and Recovery | DRT (2026)

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“ORIGINALAPPLICATION” No. 35 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 35 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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HDFC Bank Limited , Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai - 400013, Regional Branch Office is: 4th Floor, Time Square Building, Central Spine, Vidhyadhar Nagar, Jaipur - 302023, Rajasthan, through authorized signatory Gaurav Sharma.

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…..Applicant Bank…..

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VERSUS

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Mr. Jagdish Chandra Paliwal , S/o Mr. Narayan Lal Paliwal, R/o 188/98, Shiv Nagar, Shiv Colony, MPS Masala wali gali, Near HDFC Bank, Rajsamand- 313334, Rajasthan.

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Also At:-

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R/o Chhapar Khedi, Rajasamand - 313334, Rajasthan.

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……Defendant…..

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Counsel for the Applicant Bank Ms Vidisha Kaul Defendant Ex parte

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Ex parte

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Order signed and uploaded on 11.03.2026.

OA No. 35 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 14.12.2023 for recovery of outstanding amount of Rs. 37,94,293.77/- from the Defendant.

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As per the pleadings, the Defendant in the capacity of borrower had approached the applicant bank for availing Credit facility in the form of Auto Premium Loan for the purpose of business improvement. After due consideration, the said credit facility was sanctioned by the Applicant Bank in favour of Defendant in the year 2022 vide loan agreement dated 31.05.2022 for a sum of Rs. 41,58,202/-.

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It is submitted that in lieu of the aforesaid finance facility so availed, the defendant executed several documents in agreements on 31.05.2022 governing the terms & conditions, including Loan Agreement, Loan Schedule in favor of the applicant bank.

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It is submitted that soon after the availing the said finance facility the defendant failed to abide by the agreed terms of the agreement and started committing defaults on regular basis. Consequently, in view of the regular defaults committed by the defendant, various reminders were given to them to clear the due amount but the same went unheard to the deaf ears of the defendant. That looking to the regular defaults committed by the defendant, the applicant bank issued loan recall notice dated 11.10.2023 to the defendant calling them to pay the outstanding amount, however the defendant have failed to deposit the outstanding dues and

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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have further failed to return the hypothecated vehicle in compliance of the loan recall notice.

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Defendant failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendant.

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Summons were issued to the Defendant on 02.02.2024. Counsel for the Applicant Bank filed affidavit of service and counsel for the Applicant Bank submitted that the defendant misbehaved with the bank officials while visited their address for service of summons and neither they accept the summons nor they permitted to affixed the same. Despite service none was appeared on behalf of the defendant therefore he was proceeded ex-parte vide order dated 29.08.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Gaurav Sharma coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/7 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 35 of 2024 is allowed declaring that:-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 37,94,293.77/- (Rupees Thirty Seven Lac

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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Ninety Four Thousand Two Hundred Ninety Three and Seventy Seven Paisa Only) with pendente lite and future interest @ 10% (simple) from 29.11.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated asset/vehicle –

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Loan	Model	Chassis No.	Engine No.	Reg. No.
Account	No.
No.
130094369	AUDI A4	WAUZDNF41NY700618	DEM100161	RJ30CC7111

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as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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10.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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11.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 13.04.2026 .

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12.Prepare Recovery Certificate accordingly.

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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13.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 10.03.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 35 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

Mr. Jagdish Chandra Paliwal , S/o Mr. Narayan Lal Paliwal, R/o 188/98, Shiv Nagar, Shiv Colony, MPS Masala wali gali, Near HDFC Bank, Rajsamand- 313334, Rajasthan.

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Also At:-

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R/o Chhapar Khedi, Rajasamand - 313334, Rajasthan.

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……Defendant…..

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Recovery Certificate for Rs. 37,94,293.77/-

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In terms of final order dated 10.03.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendant is liable to pay to the applicant bank a sum of Rs. 37,94,293.77/- (Rupees Thirty Seven Lac

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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Ninety Four Thousand Two Hundred Ninety Three and Seventy Seven Paisa Only) with pendente lite and future interest @ 10% (simple) from 29.11.2023 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated asset/vehicle –

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Loan	Model	Chassis No.	Engine No.	Reg. No.
Account	No.
No.
130094369	AUDI A4	WAUZDNF41NY700618	DEM100161	RJ30CC7111

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as well as from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 13.04.2026 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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This Certificate has been issued under my signatures and seal of the Tribunal on this 10.03.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 35 OF 2024

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DATE OF DELIVERY OF ORDER 10.03.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

Mr. Jagdish Chandra Paliwal , S/o Mr. Narayan Lal Paliwal, R/o 188/98, Shiv Nagar, Shiv Colony, MPS Masala wali gali, Near HDFC Bank, Rajsamand- 313334, Rajasthan.

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Also At:-

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R/o Chhapar Khedi, Rajasamand - 313334, Rajasthan.

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……Defendant…..

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Order signed and uploaded on 11.03.2026.

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OA No. 35 of 2024

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S. No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	40,005.00
2	Process Fee (Inc. Publication)	178.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	41,433.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

OA No. 35 of 2024

10.03.2026

Counsel:

Ms Vidisha Kaul, Counsel for Applicant Bank Defendant is ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

OA No. 35 of 2024

10.03.2026

Counsel:

Ms Vidisha Kaul, Counsel for Applicant Bank Defendant is ex-parte

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The Tribunal vide order dated 10.03.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 10.03.2026 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed and uploaded on 11.03.2026.

Hdfc Bank v. Jagdish Chandra

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Jagdish Chandra

Case brief

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