The DRT allowed the bank's application for recovery of a loan defaulting to legal heirs and guarantors, directing payment of the principal with reduced interest rates via the sale of mortgaged property.
Recovery of Rs. 30,32,237.76 with simple interest at 8% p.a. from sale of mortgaged property and personal assets.
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.622/2024
PRESIDED OVER BY MRIDULESH KUMAR SINGH
DATE OF INSTITUTION: 24.05.2024
DATE OF DECISION: 11.08.2026
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, Punjab- 160662 and also at HDFC Bank Branch Malout, Punjab through its Authorized Representative, Sh. Dinesh Kumar
……..Applicant
Versus
Smt. Paramjit Kaur, W/o Late Sh. Gurpreet Singh, R/o Abul Khurana, Malout, Shri Muktsar Sahib, Punjab- 152114
2 OA NO. 622/2024 HDFC BANK LIMITED VS. GURPREET SINGH THROUGH HIS LEGAL HEIRS AND OTHERS
ii. Ms. Manveer Kaur, D/o Late Sh. Gurpreet Singh, R/o Abul Khurana, Malout, Shri Muktsar Sahib, Punjab152114 iii. Sh. Dilsher Singh, S/o Late Sh. Gurpeet Singh (since minor through its natural guardian): Smt. Paramjit Kaur, W/o Late Sh. Gurpreet Singh, R/o Abul Khurana, Malout, Shri Muktsar Sahib, Punjab152114
………Defendants
Advocates:
Argued by Ms. Sunita Rani, Advocate proxy for Sh. Abhishek Garg, Advocate for applicant (through VC)
None for defendant nos. 1.a. to 1.d., 2.a. and 2.b. (i) to 2.b (iii) (already ex-parte vide order dated 07.08.2026) and none for defendant no. 3 (already ex-parte vide order dated 25.06.2026)
FINAL ORDER
3 OA NO. 622/2024 HDFC BANK LIMITED VS. GURPREET SINGH THROUGH HIS LEGAL HEIRS AND OTHERS
dated 28.02.2020, which is Annexure A3 (Colly) to this OA. Defendant no. 3 stood as guarantor in all the loan accounts. 4. Defendant nos. 1 and 2 (since both deceased) mortgaged their immovable property i.e. Land measuring 60K 00M situated at Village Abul Khurana, Malout, Shri Muktsar Sahib, Punjab vide Declaration u/s 4 (1) of the Punjab Agriculture Credit Operations and Miscellaneous Provision (Banks) Act, 1978 dated 12.03.2020, which is Annexure A5 to this OA. Documents executed: Loan Agreement dated 28.02.2020, which is Annexure A4 (Colly) to this OA; Demand Notice dated 19.04.2024 along with postal receipts, which is Annexure A6 to this OA and Statement of Accounts with certificate, which is Annexure A7 (Colly) to this OA. 5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in loan accounts there was a debit of Rs. 30,32,237.76 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.
4 OA NO. 622/2024 HDFC BANK LIMITED VS. GURPREET SINGH THROUGH HIS LEGAL HEIRS AND OTHERS
approached applicant for availing of the loan facilities which were granted to them. Defendant no. 3 stood as guarantor in all the loan accounts. Defendants had executed all the relevant documents in favour of the applicant. 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 is entitled to recover a sum of Rs. 30,32,237.76 (Rupees Thirty Lacs Thirty Two Thousand Two Hundred Thirty Seven and Paise Seventy Six Only) along with interest from all the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the amount.
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, 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 simple interest @08.00% 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.
5 OA NO. 622/2024
HDFC BANK LIMITED VS. GURPREET SINGH THROUGH HIS LEGAL HEIRS AND OTHERS
the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of defendant no. 3 and also of defendant nos. 1.a. to 1.d., 2.a. and 2.b. (i) to 2.b (iii) to the extent they inherited the property of deceased defendant nos. 1 and 2. The applicant is at liberty to enforce the claim through due process of law.
12. Any other application pending stands disposed of .
Pronounced by me in the open Tribunal .
Dated: 11.08.2026
(MRIDULESH KUMAR SINGH)
Presiding Officer,
DRT-III, Chandigarh
1 issue framed by the court
Whether the applicant is entitled to recover the outstanding debt along with interest from the legal heirs and guarantor.
1 provisions across 1 enactments
HDFC Bank Limited
Smt. Paramjit Kaur
Smt. Surjeet Kaur
Ms. Manveer Kaur
Sh. Dilsher Singh
Sh. Surjeet Singh
MRIDULESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
