HDFC BANK vs WATERS HAIR & MAKE UP on 23 September 2026

**J U D G M E N T**

1. 1. This is an application under Section 19(1) of Recovery of the Debt and Bankruptcy Act, 1993 (for short, 'the 1993 Act') to recover Rs.20,25,469.58/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realization.

2. 2. The Defendant no.1 were granted a Auto Loan Facility of Rs.16,89,000/- vide sanction letter dt.09.05.2005 as specified in para no.5.2 & 5.5 of the Transfer Original

Application and on them executing loan and security documents.

1. 3. Defendants created hypothecation of Car viz., Toyota Cambry V4 bearing Engine Chassis No.1759447, in favour of the applicant to secure the loan.

2. 4. Despite the undertaking effected by Defendants they had failed to regularise the account and service interest in the account. So the account remained out of order since long time resulting in it to be declared as NPA.

3. 5. Despite issuance of letters, personal visits, telephonic conversation and reminders the Defendants had failed to regularise the account. So the Applicant had caused the issuance of lawyer notice to Defendants to pay up the dues with interest.

4. 6. Since the defendants failed to make the repayment, the applicant was left with no other alternative other than to file the Transfer Original Application which was presented on 21.05.2008. Defendants were duly served with the summons for appearance on 20.11.2008. Defendant No.1 & 2 filed vakalatnama on 24.12.2008 and also filed an application for taking Written Statement on record on 04.06.2010 and the same was allowed on 28.03.2011 and on 06.05.2011 Written Statement of Defendant No.1 & 2 was taken on record. Despite receipt of Transfer Notice, the defendant no.3 & 4 did not appear. They remained absent without any representation for them and so, they were set at exparte.

7. The applicant filed an affidavit (exhibit-17) in lieu of examination in chief through Mr. Pramod Kapadi, Manager of the bank, who had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-9.

8. Though the Defendant no.1 & 2 had filed WS on 06.05.2011, they had remained absent subsequently, without making any representation on their behalf. Even after the case being repeatedly posted, no steps have been attempted by defendants to put forth their case before the Tribunal. The averments in the raised in the Written Statement, against the claim of applicant, will not suffice to substantiate their contentions in the Written Statement. As no attempts are made by Defendants to establish their averments in the, written statement the matter is being proceeded on the basis of the Written arguments and contentions of the applicant.

9. Accordingly, the Transfer Original Application was filed for the recovery of Rs.20,25,469.58/- with further interest @8.50% p.a. Compounded monthly plus @2% p.a penal interest and other expenses for the period from the date of filing of this O.A. till payment/realization.

1. 10. A scrutiny of the averments in the Transfer Original Application and an analysis of the evidence adduced by the applicant, which has gone unchallenged, uncontroverted and unrebuted, shows that there is no reason to reject the claim made by the applicant bank.

2. 11. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.

3. 12. Hence, the following order is passed:

ORDER

1. a. T.A. stands allowed with cost and the Defendant No. 1 to 4 are held liable jointly and severally to pay to the Applicant Bank within two months a sum of Rs.20,25,469.58/- with further interest @8.50% p.a. along with @2% p.a penal interest and other expenses from the date of filing of this T.A. till the date of realization; failing which the aforesaid amount shall be recovered from the sale of hypothecated vehicle and in case of shortfall the same shall be recovered from the sale of the movable and immovable properties of the Defendants.

2. b. Defendants are directed to declare, on oath, to the Recovery Officer, Debts Recovery Tribunal - I, Mumbai, both their moveable and immoveable assets for the purpose of attachment and sale for realizing the shortfall, if any.

- c. Let a Recovery Certificate be issued with a memo of cost immediately u/s 19(22) of The Recovery of Debts and Bankruptcy Act, 1993 together with the details of the properties, if any.

- d. The Defendants are restrained from depleting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the claim of the Applicant Bank.

- e. Copies of this judgment be sent to the parties free of cost and file be consigned to the record room.

- f. Give under my hand and the seal of this Tribunal on this date :23.09.2026.

(Dictated to my Stenographer, transcribed by him, corrected and signed by me and pronounced in open forum on 23.09.2026).

Place:- Mumbai Date:- 23.09.2026

Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)