Allowed

Hdfc Bank v. Pradeep Uppalapati

DRT10 Jun 2026OA/720/2023

Case brief

AI extract

What is this about?

This judgment deals with a recovery application filed by HDFC Bank Limited against a borrower for an outstanding personal loan of Rs. 57,83,584.79. The respondent failed to appear and contest the matter which was adjudicated in his absence, leading to the allowance of the application and direction for payment including interest.

What did the court decide?

Recovery order for Rs. 57,83,584.79 with future interest at 11.25% per annum, direction to issue Recovery Certificate.

Hdfc Bank versus Pradeep Uppalapati — Banking and Recovery | DRT (2026)

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ORIGINAL APPLICATION NO.720 OF 2023

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DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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PRESIDING OFFICER: HARISH KUMAR KAUSHIK

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ORIGINAL APPLICATION NO.720 OF 2023

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Date of Institution: 11.04.2023 Date of Decision: 10.06.2026

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TOTAL CLAIM AMOUNT : ₹ 57,83,584.79/-

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HDFC BANK LIMITED,

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A Banking Company within the meaning of the Banking Regulation Act, 1949 and is registered under the Companies Act, 1956 and are carrying on Banking Business under the said Banking Regulation Act, 1949 and having their Head Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai-400 013 and one of their offices amongst others at Alpha Building, 1^st floor, Kanjurmarg (E), Mumbai-400 042 Through Authorised Officer Mrs Mayuri Jadhav Versus

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… Applicant

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MR PRADEEP UPPALAPATI, Principal Borrower, Having address at Flat No.201, C Wing, Oberoi International School, Goregaon, East, Mumbai-400 063 Also at ECO House 401 402 403, Vishweswar Nagar, Off Aapety

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Page 1 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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Road, Goregaon East, Mumbai, Maharashtra-400 063. …Defendant

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APPEARANCES
For the Applicant	: Mr Prashant	Phophale -
	Advocate
For Defendant	: Ex-parte

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J U D G M E N T

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(1) This is an application under Section 19(1) of the Recovery of the Debts due to Banks and Financial Institutions Act, 1993 renamed as Recovery of the Debt and Bankruptcy Act, 1993 (for short, ‘the 1993 Act’) to recover ₹57,83,584.79/- (Rupees Fifty-Seven Lakhs Eighty-Three Thousand Five Hundred Eighty-Four and paisa Seventy-Nine Only) under Personal Loan Account with future interest @ 11.25% per annum thereon from the date of presentation of the Original Application i.e. 11.04.2023 till payment/realization.

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The details of the claim amount are as under:-

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Sr	Nature of Facili ty	O/s. i nclu sive of Unapplied
No		interest
1	Per sonal L oan	₹57, 83, 584. 79/-
	Total A m ou nt	₹57,83,584.79/-

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(2) It is undisputed fact in the matter that the Defendant no.1 was duly served with the

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Page 2 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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summons vide order-sheet dated 23.10.2024. Despite service, the defendant did not enter his appearance and therefore, he was set ex-parte on 17.02.2026.

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(3) Defendant no.1 is the borrower who approached the Applicant Bank and sought financial assistance by way of Personal Loan Facility. Pursuant to the loan application vide Application bearing No.1335742 dated 19.12.2018 made by defendants, the Applicant sanctioned the loan vide Loan Agreement Account no.63847135 dated 29.12.2018 for a sum of ₹85,00,000/- (Rupees Eighty-Five Lakhs Only) payable in 76 EMIs of ₹1,47,911/(Rupees One Lakhs Forty-Seven Thousand Nine Hundred Eleven Only) with interest at the rate of 11.25% per annum fixed interest. The 1^st instalment was to be paid on 06.02.2019 and subsequent installments were to paid in each succeeding month and last instalment on 06.01.2024.

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The details of the Sanction amount are as under: -

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Sr	Date of	Amount	ROI	Secu rity
No	Sanction
1	29.12. 2018	₹85, 00, 000/ -	@ 11.25% per	Nil
			ann um fi xed
			interest
	Total A m ou nt	₹85,00,000/-	-	-

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(4) On the dates given below, defendant signed and

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Page 3 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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executed the loan and security documents as set out in paragraph nos. 5(B) to D of the Original Application. The defendant had created no security to secure the said loan.

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The details of the documents executed by the Defendant are as under: -

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(a) Personal Loan Application Form No.G1335742 dated 19.12.2018;

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(b) Loan Agreement Account no.63847135 dated 29.12.2018;

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(5) After availing the loan, defendant did not adhere to the financial discipline and committed default in payment of instalments and repayment of the loan and accordingly the accounts of the borrower was declared as Non-Performing Assets (N.P.A.) on 09.01.2022 as per RBI Guidelines. Therefore, on 10.05.2022, the applicant, through its advocate, called upon defendant to liquidate the outstanding in the sum of ₹57,74,614.21/(Rupees Fifty-Seven Lakhs Seventy-Four Thousand Six Hundred Fourteen and paisa Twenty-One Only) as on 09.05.2022 due under Personal Loan with agreed rate of interest and all costs, charges and expenses and penalty charges; immediately from receipt of the said notice.

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Page 4 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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Despite notice, defendant no. 1 failed and neglected to pay.

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(6) As on 28.03.2023, there was owing, due and payable by defendant to the applicant the aggregate sum of ₹57,83,584.79/- (Rupees FiftySeven Lakhs Eighty-Three Thousand Five Hundred Eighty-Four and paisa Seventy-Nine Only) under Personal Loan Account with future interest @ 11.25% per annum thereon. The applicant has maintained the loan ledger extract and the entries posted therein are made in the usual and ordinary course of the banking business.

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(7) Since, defendant failed and neglected to make the payment, the applicant was left with no other alternate but to file the Original Application which was presented on 11.04.2023.

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(8) The applicant has filed affidavit in lieu of examination in chief of Mrs Mayuri Jadhav, Authorised Officer and list of documents thereby adducing in evidence the documents at AW-1 to AW-4, which are admitted in evidence, read, recorded and exhibited.

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(9) Accordingly, in the Original Application was filed for the recovery of ₹57,83,584.79/- (Rupees FiftySeven Lakhs Eighty-Three Thousand Five Hundred Eighty-Four and paisa Seventy-Nine Only) under Personal Loan Account with future interest @ 11.25% per annum thereon from the date of

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Page 5 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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presentation of the Original Application i.e. 11.04.2023 till payment/realisation.

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(10) The Tribunal has scrutinised and examined the allegations contained in the Original Application and analysed the evidence adduced by the applicant which has gone unchallenged, uncontroverted and unrebutted.

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(11) Upon careful scrutiny and the examination of the Original Application, analysing the evidence and giving due weightage to the documentary evidence adduced by the applicant, the Tribunal views that there is no reason to disbelieve the claim made by the applicant bank.

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(12) In view of the observations made hereinabove, Original Application filed by the applicant deserves to be allowed.

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(13) Hence, the following order:

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ORDER

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(A) The Original Application No.720 of 2023 is allowed with costs.

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(B) Defendant no1 is ordered and directed to pay to the applicant, the aggregate sum of ₹57,83,584.79/(Rupees Fifty-Seven Lakhs Eighty-Three Thousand Five Hundred Eighty-Four and paisa Seventy-Nine Only) under Personal Loan Account with future simple interest @ 11.25% per annum thereon from the date of presentation of the Original Application i.e. 11.04.2023 till

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Page 6 of 7

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ORIGINAL APPLICATION NO.720 OF 2023

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payment/realization after adjusting the recoveries made by the Applicant under SARFAESI Act, 2002 or any other amount paid by the borrowers after filing of this O.A. No. 720 of 2023.

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(D) Issue Recovery Certificate.

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(E) The learned Registrar is directed to send a copy of the judgment and recovery certificate to (i) the applicant, (ii) defendant and (iii) the Recovery Officer by post and email.

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(Harish Kumar Kaushik) Presiding Officer, DRT-2, Mumbai

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Page 7 of 7

Hdfc Bank v. Pradeep Uppalapati

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Pradeep Uppalapati

Case brief

What is this about?

What did the court decide?

What the court decided

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