Debts Recovery Tribunals and Appellate Tribunals
HDFC BANK LIMITED vs M/S LITTLE KASHMIR on 3 September 2026
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
TA No: 37/2022
Date of Institution: 01.04.2021
Date of Decision: 03.09.2026
HDFC Bank Ltd., B/u Nagar, Jammu.
...Applicant
Vs.
1. M/s Little Kashmir, A Proprietorship Firm, through its Proprietor Mr. Ajaz Mohd Mir, Having its place of Business at 107 Peer Mitha, Jammu.
2. Mr. Ajaz Mohd Mir, S/o Mr. Gulam Mohd Mir, C/o Manju Agrwal of 3 Ground Floor, Church Lane, Bhogal, Jangpura, South Delhi.
3. Mrs. Ruhi Khan W/o Mr. Ajaz Mohd Mir, R/o Firdous Colony/Kargil Colony, Narwal Bala, Bathindi, Jammu.
...Defendants
Advocates
Sh. Sumit Batra, Counsel for the Applicant Bank.
Defendants – ex parte.
TA for the Recovery of Rs.27,17,595/- with interest @18% per annum with monthly rests from 01.04.2021.
ORDER
1. On 01.04.2021, HDFC Bank Ltd. filed the suit for the recovery of Rs.27,17,595/- with interest against M/s Little Kashmir and others (defendants) in the Court of Learned Principal District Judge, Jammu. However, vide order dated 12.09.2022, this suit was transferred by the Court of Additional District Judge (Commercial Court), Jammu, to DRT- I, Chandigarh.
2. Bank’s case is that on 04.07.2017, it had granted a Cash Credit facility of Rs.8 lacs to defendant No.1, through its proprietor, for business purpose. On 20.11.2018, Bank enhanced the facility from Rs.8 lacs to Rs.24 lacs. To secure the loan, defendant No.1, through its proprietor had hypothecated its assets (fully detailed in Annexure – K).
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Defendant Nos.2 and 3 stood as Guarantors for the above Cash Credit facility vide Guarantee Deed dated 05.07.2017 and 20.11.2018. The limit was renewed again on 06.07.2019. The Cash Credit facility was chargeable to interest 18% per annum with monthly rests. On 05.03.2020, a sum of Rs.27,17,595/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this suit.
3. On 12.12.2022, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 28.07.2026, they were proceeded ex parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Satish Bhardwaj, Manager, along with the loan and original security documents.
5. I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced a Cash Credit facility of Rs.24 lacs to defendant No.1, through its proprietor, and on 05.03.2020, a sum of Rs.27,17,595/- was due.
6. Accordingly, the application of the Bank for the recovery of Rs.27,17,595/- (Rupees Twenty-Seven Lacs Seventeen Thousand Five Hundred and Ninety-Five Only) with interest 18% per annum with monthly rests from 01.04.2021, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of hypothecated assets (fully detailed in Annexure – K), as well as from the personal movable and immovable property(ies) of the defendants.
7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on 06.10.2026.
10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.
Pronounced in the open court.
(A S Narang) Dated: 03.09.2026 Presiding Officer DRT-1, Chandigarh HARSH
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