HDFC BANK vs Oosiya on 31 July 2025

Exh-5

**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD

PANKAJ KUMAR UPADHYAY, PRESIDING OFFICER, DRT-II.**

**MISCELLANEOUS APPLICATION NO. 45 OF 2025**

**IN**

**O.A. No. 1068 OF 2017**

**Date of Order:-31.07.2025**

**HDFC BANK LIMITED**, a Banking Company incorporated under provisions of Companies Act and holding a license of Banking from Reserve Bank of India and having its registered office at "HDFC Bank House", Senapati Bapat Marg, Lower Parel, Mumbai - 400 013, and having one of its Branch office at 1^st Floor, Crossway Mall, Ram Chowk, Ghoddod Road, Surat - 395007 and also having one of its Branch office at HDFC Bank Ltd., 4th Floor, C- Wing, Sheetal Westpark Imperia, Near Alpha One Mall, Vastrapur, Ahmedabad - 380015.

...Applicants

(Original Applicant)

**Versus**

**1. OOSIYA IMPEX**

A Proprietary Firm- Represented By Its Proprietor

I.E., MOHAN PARASMAL JAIN

SHOP NO.11, KUBER JI HOUSE,

OPP. RADHA KRISHNA MARKET,

RING ROAD, SURAT - 395002

**2. MOHAN PARASMAL JAIN**

ADULT, OCCU; BUSINESS

FLAT NO.C-2/607, 6TH FLOOR,

"C-2", BUILDING, DARSHAN RESIDENCY,

NR. NANA VARACHHA CO.OP. BANK,

NR. RESHMA ROW HOUSE,

PUNAL-CANAL ROAD, MAGOB, SURAT - 395010

**AND ALSO AT;**

FLAT NO.A/601, SHIVAM AVENUE,

MAGOB, SURAT - 395101

**3. KHUSBOO MOHAN JAIN**

ADULT, OCCU; BUSINESS

FLAT NO.C-2/607, 6TH FLOOR,

"C-2", BUILDING, DARSHAN RESIDENCY,

NR. NANA VARACHHA CO.OP. BANK,

NR. RESHMA ROW HOUSE,

PUNAL-CANAL ROAD, MAGOB, SURAT - 395010

**AND ALSO AT;**

FLAT NO.A/601, SHIVAM AVENUE,

MAGOB, SURAT - 395101

...Respondents

(Original Defendants)

**Appearance:**

Mr. Keshav Chopra, Ld. Proxy Counsel for Applicant Bank.

1. 1. The Applicant has filed the present Misc.Application u/s 26(2) read with 19(25) of Recovery of Debt and Bankruptcy Act 1993 for correction of clerical mistake in the Recovery Certificate issued in OA No.1068/2017.

2. 2. I have heard Ld. Proxy Counsel for the Applicant Bank, who submitted that the Applicant Bank had filed OA No.1068/2017 against the Defendants for recovery of an amount of Rs.66,06,554.63 along with further interest and other accidental reliefs after hearing the matter, this Tribunal pronounced judgment dated 03.07.2018 in the aforesaid Original Application and Defendants were directed to pay a sum of Rs.60,06,554.63 within 30 days from the date of the said judgment with interest thereon @12% per annum from the date of Original Application until realization. Based on the aforesaid judgment dated 03.07.2018, this Tribunal issued Recovery Certificate in which the amount of Rs.28,56,175.34 has been shown instead of Rs.60,06,554.63 through clerical mistake, accidental slip or omission. On the basis of the said Recovery Certificate, Recovery Proceeding No.415/2018 were initiated. However, the Applicant Bank preferred to enforce its security interest under SARFAESI Act and sold the secured asset for an amount of Rs.54,00,000/- and also issued Sale Certificate in favour of the purchaser. After sale of the secured asset under SARFAESI Act and realization of Rs.54,00,000/-, the Applicant Bank requested Ld. Recovery Officer for issuance of Demand Notice qua remaining unsecured portion of outstanding amount to the Defendants. However, it was

observed that there was a discrepancy in the claim amount mentioned in the judgment dated 03.07.2018 and the Recovery Certificate issued pursuant thereto. Consequently, Ld. Recovery Officer vide order dated 17.07.2025 passed in R.P.No.415/2018 directed the Applicant Bank to file a Misc.Application for rectification of the claim amount in the Recovery Certificate. Accordingly, the Applicant Bank has approached this Tribunal by means of the present Misc.Application.

1. 3. On perusal of the judgment and order dated 03.07.2018 passed by this Tribunal in Original Application No.1068/2017 (at pg.13-18 with MA), it appears that this Tribunal had allowed claim of the Applicant Bank to the tune of Rs.60,06,554.63, due and payable as on 19.08.2017, along with further interest @12% per annum from the date of filing of OA till date of realization and cost and expenses. It further appears perusal of Recovery Certificate (at pg.19-20 of MA) that in the title of the Recovery Certificate an amount of Rs.28,56,175.34 has been typed through inadvertence, though in the first para of the Recovery Certificate, it has been clearly mentioned that the Certificate Holder Bank is entitled to Recover a sum of Rs.60,06,554.63 along with interest @12% per annum....

2. 4. In view of the fact that the amount of Rs.28,56,175.34 has been mentioned in the title of Recovery Certificate due to accidental slip and through inadvertence, the same is required to be rectified in the interest of justice. Hence, the following order is passed: