Disposed

Hdfc Bank Limited v. Smt. Davinder Kaur and Another

DRT22 Jan 2026OA/79/2026

Case brief

AI extract

What is this about?

DT III, Chandigarh issued summons under Section 19(4) DBA 1993 against respondents directing show-cause reply. Ordered attachment and appointment of bank officer as receiver for hypothecated vehicles. Set timeline for WS filing and hearings.

What did the court decide?

Summons issued to show cause; authorized officer appointed receiver for hypothecated vehicles; timeline set for written statement.

Hdfc Bank Limited versus Smt. Davinder Kaur and Another — Banking and Recovery | DRT (2026)

¶1

DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ITEM NO. 26

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OA/79/2026 HDFC BANK Vs DAVINDER KAUR AND ANOTHER

¶4

22.01.2026

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Present: Ms. Pinki, Advocate proxy for Sh. Gagandeep Toni Advocate for Applicant

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This is fresh OA under Section 19 of The Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the defendants seeking recovery certificate for a sum of Rs. 20,44,356.40p alongwith interest and other dues.

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I have heard Ld. proxy counsel and perused record.

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Let summons under Section 19(4) of the Recovery of Debts and Bankruptcy Act 1993 be issued alongwith copy of the OA and copy of this order be sent by way of registered post as well as by hand (dasti) and through Electronic mode on the e-mail address(s) of the defendants as well as through WhatsApp numbers, if they are available with the Applicant.

¶9

Defendants are directed to show cause within 30 days from the service upon defendants as to why relief prayed for should not be granted. Defendants are further directed to disclose particulars of the property or assets other than properties and assets specified by the applicant under Clauses (a) and (b) of Sub-Section (3-A) of Recovery of Debts and Bankruptcy Act 1993.

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Applicant is directed to collect summons and ensure service upon the defendants and file proof of service.

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The vehicles mentioned in the OA as stated hereinafter have been hypothecated with the bank as argued by the Ld. Counsel for the applicant and thus for this hardly any permission of this Tribunal is required.

¶12

Ld. Counsel for applicant referred the case ICICI Bank Ltd. Versus Kaptan Singh 139 (2007) DLT 501 passed by Hon’ble Delhi High Court in this regard.

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In light of the case law referred and in the facts and circumstances of the case, the authorized officer of the bank is appointed receiver to take over the possession of the vehicles and to keep the same under his custody.

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Sr. No.	Registration no.	Model	Chassis no.	Engine No.
1.	PB04AE9764	AL4220BSVI	MB1NGCHD1NPMP90 28	NMPZ102963
2	PB05AQ9764	TATA SIGNA 5530 S BS VI	MAT828024N2F12568	22F64219877
3	PB05AQ9764	OPEN GOODS	MAT828024N2F1	22F64219877

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In case any police aid will be required it will be permissible for the said authorized officer to seek such aid in order to enable him to take possession of the said vehicles. The said authorized officer on obtaining possession of the vehicles will issue appropriate receipts to the person from whose custody vehicles are taken and will also note down therein, the condition of vehicles and will ensure that vehicles are kept in the same condition.

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In case the defendants pay all the installments due on the date of taking the custody of vehicles, the vehicle shall not be taken by the authorized officer of the bank. In case the vehicles are to be attached or taken into custody then it should be without any goods.

¶17

Defendants may file WS within 30 days from the date of receipt of summons with an advance copy to the applicant. Thereafter applicant shall be at liberty to file replication, if any within 15 days thereafter.

¶18

Copy of this order be supplied to all concerned by hand (dasti).

¶19

List before Registrar for filing service report, completion of pleadings and report on admission and denial of documents on 02.03.2026.

¶20

(MRIDULESH KUMAR SINGH)

¶21

Presiding Officer DRT-III, Chandigarh

Hdfc Bank Limited v. Smt. Davinder Kaur and Another

Case brief

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Hdfc Bank Limited v. Smt. Davinder Kaur and Another

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