Allowed

Hdfc Bank Ltd. v. Smt. Harjit Kaur and Others

DRT27 Aug 2026OA/898/2026

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application by HDFC Bank for recovery of Rs. 26,05,860 from borrowers and a guarantor. The court granted simple interest at 8% p.a., adjusted downward from the claimed rate due to market conditions, and ordered the issuance of a Recovery Certificate for sale of mortgaged and hypothecated assets.

What did the court decide?

Recovery of Rs. 26,05,860 jointly and severally with simple interest @8% p.a. from date of filing till realization, via sale of mortgaged and hypothecated assets.

Hdfc Bank Ltd. versus Smt. Harjit Kaur and Others — Contract and Commercial Disputes | DRT (2026)

¶1

DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

¶2

ORIGINAL APPLICATION NO. 898/2026

¶3

PRESIDED OVER BY MRIDULESH KUMAR SINGH

¶4

DATE OF INSTITUTION: 15.06.2026

¶5

DATE OF DECISION: 27.08.2026

¶6

HDFC Bank Ltd., a Banking Company carrying on the Banking Business under the Banking Regulation Act, 1949 incorporated under the Companies Act, 1956 and having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, Mumbai- 400011 whereas one of its Branch at “Uchana, Haryana” through Sh. Vivek Singh, Deputy Manager (Agriculture Legal), HDFC Bank Ltd. Regional Office, District Mohali, Punjab being Power of Attorney Holder/Authorized Officer

¶7

……..Applicant

¶8

Versus

¶9

Smt. Harjit Kaur, W/o Sh. Bhajan Singh, R/o Sadharanpur, Patran, Patiala, Punjab- 147102

¶10

Sh. Bhajan Singh, S/o Sh. Gujjar Singh, R/o Bhagwanpur, Sadharanpur, Patran, Patiala, Punjab

¶11

Sh. Gurlal Singh, S/o Sh. Iqbal Singh, R/o Arnetu, Patran, Patiala, Punjab- 147005

¶12

…..Defendants

¶13

Advocates:

¶14

Argued by Sh. Vaibhav Kumar, Advocate proxy for Sh. Dheeraj Gautam, Advocate for applicant

¶15

None for defendants (already ex-parte vide order dated 18.08.2026)

¶16

FINAL ORDER

¶17

Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs. 26,05,860.00 (Rupees Twenty Six Lacs Five Thousand Eight Hundred Sixty Only). The Original Application has been filed through Sh. Vivek Singh, Deputy Manager of the applicant, who is competent to institute the Original Application vide

¶18

2 OA NO. 898/2026 HDFC BANK LTD. VS. HARJIT KAUR AND OTHERS

¶19

General Power of Attorney dated 21.03.2025, which is Annexure A1 to this OA.

¶20

The brief facts of the OA are that defendant nos. 1 and 2 approached the applicant for grant of CC Limit of Rs. 13.00 Lacs and DOD Limit of Rs. 9.70 Lacs. 3. The applicant sanctioned CC Limit of Rs. 13.00 Lacs and DOD Limit of Rs. 9.70 Lacs vide Sanction Letters dated 22.02.2023, which are Annexure A2 and A3 to this OA and the terms and conditions were duly accepted by the defendants. Defendant no. 3 stood as guarantor in both the loan accounts.

¶21

Defendant no. 2 mortgaged his immovable property i.e. Land measuring 104K 04M situated at Sadharanpur, Tehsil Patran, District Patiala, Punjab vide Declaration u/s 4 (1) of the Punjab Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1978 and Mutation Letter, both dated 24.02.2023, which are Annexure A6 and A7 to this OA. Defendant nos. 1 and 2 hypothecated their crops grown or to be grown vide Agreement cum Guarantee cum Hypothecation Deeds dated 27.03.2023, which are Annexure A4 and A5 to this OA. Documents executed: Legal Notice dated 09.09.2021, which is Annexure A8 to this OA and Statement of Accounts, which are Annexure A9 and A10 to this OA. 5. The loan accounts became irregular and were classified as NPA and after adjusting debit and credit entries in the loan accounts there was a debit of Rs. 26,05,860.00, 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. 6. The defendants were served summons to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 18.08.2026. 7. In support of the OA, affidavit of Sh. Vivek Singh, Deputy Manager, HDFC Bank Ltd. has been filed. 8. Heard ex-parte arguments and perused record.

¶22

3 OA NO. 898/2026 HDFC BANK LTD. VS. HARJIT KAUR AND OTHERS

¶23

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.

¶24

From the perusal of all the Annexure A1 to A10 to this OA, it is proved that defendant nos. 1 and 2 approached applicant for availing of the loan facilities which were granted to them. Defendant no. 3 stood as guarantor in both the loan accounts. Defendants had executed all the relevant documents in favour of the bank. 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 bank is entitled to recover a sum of Rs. 26,05,860.00 (Rupees Twenty Six Lacs Five Thousand Eight Hundred Sixty Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the amount. 10. In so far as pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12.00%p.a. plus @2% penal interest p.a. with half yearly rests from 01.04.2026 till the realization.

¶25

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 assets/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 @8.00% 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.

¶26

In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.26,05,860.00 (Rupees Twenty Six Lacs Five Thousand Eight

¶27

4 OA NO. 898/2026 HDFC BANK LTD. VS. HARJIT KAUR AND OTHERS

¶28

Hundred Sixty Only) jointly and severally, with costs, current and future simple interest @8.00% 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 mortgaged property of defendant no. 2 and hypothecated assets of defendant nos. 1 and 2 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 defendants. 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 11.09.2026. 15. Copy of this order be given dasti to the applicant and be sent to defendants 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: 27.08.2026 (MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Hdfc Bank Ltd. v. Smt. Harjit Kaur and Others

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. Smt. Harjit Kaur and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Punjab National Bank versus Sh. Ajmer Singh

Satkar Carrier and Movers versus Axis Bank and Others

Hdfc Bank Limited versus Sh. Partap Singh through His Legal Heirs and Others

Canara Bank versus M/s Nirmal Sagar Enterprises and others

Bank of India versus Sh. Manjot Singh and Another

Kotak Mahindra Bank Limited versus M/S Gs Trading Company and Others