Allowed

Hdfc Bank Limited v. Sh. Tejinder Singh

DRT23 Jun 2026OA/704/2026

Case brief

AI extract

What is this about?

The DRT allowed an OA by HDFC Bank against a defaulting borrower for Rs. 45.80 lakhs based on unrebutted documentary evidence. The court awarded simple interest at 8% p.a. and directed issuance of a recovery certificate.

What did the court decide?

Recovery Certificate issued; Defendant liable to pay Rs.45,80,364.84 plus costs and simple interest @8% p.a. from filing date till realization.

Hdfc Bank Limited versus Sh. Tejinder Singh — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO. 704/2026

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 11.05.2026

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DATE OF DECISION: 23.06.2026

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HDFC Bank Limited, having its Registered Office at Senapati Bapat Marg, Lower Parel – (West), Mumbai - 400013. Also at Plot No 1-15, Sector 101, ALPHA IT City, SAS Nagar (Mohali), through its Authorised Representative, Sh. Deepak Sharda. Also, at HDFC Bank Limited, Ludhiana (Punjab).

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……..Applicant Versus

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Sh. Tejinder Singh S/o Sh. Surinder Singh, R/o House No. 3859/2 B, Near Bedi Park, Model House, Model Town, Ludhiana (Punjab) – 141002.

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Also at: S Singh and Sons, Old Oswal Street, Gill Road, Opp. SBI Bank, Ludhiana (Punjab) - 141002

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.……Defendant

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Advocate:

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Argued by Sh. Ankit Kaushal, Advocate proxy for Sh. Gagandeep Toni, Advocate for the applicant

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None for Defendant (already ex parte vide order dated 20.06.2026)

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FINAL ORDER

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Present Original Application was instituted by the applicant bank under Section 19 of the Recovery of Debts and Bankruptcy Act 1993, against the defendant for recovery of Rs.45,80,364.84 (Rupees Forty Five Lacs Eighty Thousand Three Hundred Sixty Four and Paise Eighty Four only). The Original Application has been filed through Sh. Deepak Sharda, Authorised Representative, of the applicant bank, who is competent to institute the Original Application vide Copy of Board Resolution dated 21.08.2025, which is Annexure A1 to this OA.

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OA/704/2026 HDFC BANK LIMITED VS SH. TEJINDER SINGH

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The brief facts of the OA are that the defendant approached the applicant for the grant of Vehicle Loan of Rs.45.05 Lacs vide Loan Application Form dated 30.04.2025, which is Annexure A2 to this OA. Thereafter, the defendant applied for the Credit Card vide Credit Card Application Form dated 08.08.2023, which is Annexure A5 to this OA.

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The applicant sanctioned the Vehicle Loan of Rs.45.05 Lacs vide Agreement for Loan and Guarantee dated 16.05.2025, which is Annexure A3 to this OA and terms and conditions were duly accepted by the defendant. Thereafter, applicant sanctioned the Credit Card no. 5589****4233 with credit limit of Rs. 2.75 lacs as per request by the defendant.

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Defendant hypothecated his Vehicle that’s Toyota FORTUNER 2.8 Legender D AT bearing Registration No. PB10EK0004, Engine No. 1GDA788369, Chassis No. MBJAA3GS800608285-0324, vide Registration Certificate of Vehicle dated 23.04.2024, which is Annexure A4 to this OA. Documents executed : Statement of Account, which is Annexure A6 and A7 to this OA; Legal Notice dated 22.04.2026, which is Annexure A8 to this OA; Original Postal Receipts dated 22.04.2026, which are Annexure A9 and A10 to this OA. 5. The accounts became irregular and were classified as NPA and after adjusting debit and credit entries in loan accounts, there was a debit of Rs.45,80,364.84 (Rupees Forty Five Lacs Eighty Thousand Three Hundred Sixty Four and Paise Eighty Four only), which is recoverable and the defendant was served recall notices but he did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendant was served summons to appear before this Tribunal and no one appeared on behalf of defendant. Hence, he was proceeded ex-parte on 20.06.2026. 7. In support of the OA, affidavit of Sh. Deepak Sharda, Authorised Representative, HDFC Bank Limited, has been filed. 8. Heard ex parte arguments and perused record.

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OA/704/2026 HDFC BANK LIMITED VS SH. TEJINDER SINGH

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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 A10 to this OA, it is proved that the defendant approached applicant for availing of the credit facilities, which were granted to him and for that he had executed all the relevant documents in favour of the bank. The defendant failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, both the accounts of the defendant was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.45,80,364.84 (Rupees Forty Five Lacs Eighty Thousand Three Hundred Sixty Four and Paise Eighty Four only), along with interest from the defendant, from the date of filing of the present Original Application till realization of the amount. 10. In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @11.25% p.a. from 17.04.2026 till the realization. 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 hypothecated vehicle, undertaking of the defendant, 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 @08.00% 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 defendant is liable to pay to the applicant a total sum of Rs.45,80,364.84 (Rupees Forty Five Lacs Eighty Thousand Three Hundred Sixty Four and

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OA/704/2026 HDFC BANK LIMITED VS SH. TEJINDER SINGH

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Paise Eighty Four only), with costs, current and future simple interest @08.00% 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 hypothecated vehicle of the defendant 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 defendant. 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 08.07.2026 15. Copy of this order be given dasti to the applicant and be sent to defendant 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: 23.06.2026

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(MRIDULESH KUMAR SINGH)

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Presiding Officer, DRT-III, Chandigarh

Hdfc Bank Limited v. Sh. Tejinder Singh

Case brief

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Hdfc Bank Limited v. Sh. Tejinder Singh

Case brief

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