The Debt Recovery Tribunal allowed the bank's application for recovery of Rs. 85.51 lakhs plus interest. The defendants were absent. The tribunal directed payment within 30 days, with recovery measures including mortgage sale if necessary.
Direct payment of Rs. 85,51,830.01 with interest and costs within 30 days, failing which recovery from mortgaged property.
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O.A. No. 675 of 2024
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma
O.A. No.675 of 2024
HDFC Bank Ltd.
Department for Special Operations Gulab Bhawan, Ground Floor 6, Bahadur Shah Zafar Marg
Applicant
Versus
Also at:
Sh.Yogesh Kumar Jain s/o Jayanti Prashad Jain H.No.91, First Floor, Krishan Kunj Laxmi Nagar, Shakarpur, Delhi-110092
Present: Shri Navin Kumar, Counsel for the applicant bank
Date of Reserve: 13.05.2026
Date of Pronouncement: 29.05.2026
FINAL ORDER
This original application has been filed by the applicant bank on 10.09.2024 under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.85,51,830.01 (Rupees Eighty Five Lacs Fifty One Thousand Eight Hundred Thirty & paisa One only) as on 01.08.2024 along with pendentelite and future interest @18%
5d-
O.A. No. 675 of 2024
rate of interest from 01.08.2024 till the date of its realization with costs.
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O.A. No. 675 of 2024
O.A. No. 675 of 2024
representative of the applicant bank, who has submitted the documents such as Board Resolution, Loan Application with KYC documents, Sanction Letter dated 10.02.2020, Master Facility Agreement, Letter of Continuing Guarantee, Power of Attorney, Networth Certificates, Memorandum recording past transaction of creation of Mortgage, Deed of Indemnity, Copy of Sale Deed, Sanction Letters dated 17.03.2021, 24.03.2022, 10.10.2023 & 06.11.2023, Supplementary Agreement, Supplementary letter of Hypothecation, Letter of Continuing Guarantee, Declaration, Memorandum of Creation of Mortgage by Delivery of Title Deeds dated 07.11.2023, Recall Notice along with Postal Receipts, Certified Statement of Account u/s 2A(b) of Bankers' Book of Evidence Act, and 65B(2) of Indian Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/23.
ORDER
I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within a period of 30 days,
O.A. No. 675 of 2024
a sum of Rs.85,51,830.01 (Rupees Eighty Five Lacs Fifty One Thousand Eight Hundred Thirty & paisa One only) as on 01.08.2024 together with pendentelite and future interest @18.00% per annum with monthly rests from 01.08.2024 till the date of realization and costs; failing which the aforesaid amount shall be recovered from the sale of mortgaged residential property bearing One Flat on Front Side, No.F-2, First Floor, Property No.91, Laxmi Nagar Area Village Khureji Khas, Rect. 43, Killa No.23, Near Lovely Public Senior Secondary School, abadi of Kishan Kunj Colony, Delhi-110092 admeasuring 95 sq.yds owned by defendant no.2. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.
(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.
(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 28.07.2026.
(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.
E (GOVIND BALFItVLARMA) PRESIDING OFFICER DRT-I, DELHI
(Dictated and pronounced in open court) Dated: 29.05.2026
1 issue framed by the court
Whether the bank is entitled to recover the outstanding dues under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993.
1 provisions across 1 enactments
HDFC Bank Ltd.
Sh. Yogesh Kumar Jain
Smt. Varsha Jain
Govind Ballabh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
