Allowed

Hdfc Bank Limited v. Deepak Kumar

DRT18 Dec 2025OA/103/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal-I, Delhi, allowed an original application filed by HDFC Bank Ltd. for recovery of Rs.24,62,793.74 plus interest from the defendant who was absent. The Tribunal awarded post-filing interest at 12% p.a. instead of the claimed 18% p.a. and directed issuance of a recovery certificate.

What did the court decide?

Directed defendant to pay Rs.24,62,793 plus interest at 12% p.a. from filing date and costs within 30 days; recovery certificate issued; recovery from sale of properties directed if not paid.

Hdfc Bank Limited versus Deepak Kumar — Banking and Recovery | DRT (2025)

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O.A. No. 103 of 2024

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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O.A. No.103 of 2024

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HDFC Bank Ltd.

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Plot No.31, Tower A, 1st Floor,

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Shivaji Marg, Moti Nagar

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Najafgarh Road Industrial Area New Delhi-110015

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Applicant

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Versus

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Mr. Deepak Kumar E 170/171, 2nd Floor Gandhi Vihar, New Delhi-110009

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Also at:

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RIS Software Technologies Pvt. Ltd. Plot no.25, Sector-142, Noida-201301

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Also at:

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Mr. Deepak Kumar s/o Rajendra Kumar 40, Laharapur, Auraiya, UP-206246

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Defendant

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Present: Ms. Amita Kumari, Counsel for the applicant bank

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Date of Reserve: 05.12.2025

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Date of Pronouncement: 18.12.2025

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FINAL ORDER

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This original application has been filed by the applicant bank on 10.02.2024 through Ms. Swathi Vajjhala, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the

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O.A. No. 103 of 2024

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defendants for recovery of a sum of Rs.24,62,793.74 (Rupees Twenty Four Lacs Sixty Two Thousand Seven Hundred Ninety Three and paisa Seventy Four only) as on 15.01.2024 along with pendentelite and future interest @18% per annum with monthly rests from date of filing this application till its realization along with costs.

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The brief facts of the case are that on the request of the defendant dated 18.01.2023, the applicant bank sanctioned Personal Loan of Rs.26,16,000/- (Rupees Twenty Six Lacs Sixteen Thousand only) on 23.01.2023 @10.35% interest per annum to be repayable in 60 Equated Monthly Installment of Rs.56,034/- each from 06.03.2023.

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In order to avail the loan facility, the defendant submitted loan application and executed Sanction Letter and Original Loan Agreement dated 23.01.2023 in favour of the applicant bank.

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It has been submitted by the applicant bank that after availing the aforesaid loan facility, the defendant failed to comply with the terms and conditions of sanction and regularize the account with the applicant bank. Ultimately, the applicant bank issued legal notice dated 17.01.2024 to clear the overdue but neglected by the defendants and hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notices of this O.A. were issued to the defendant and despite of proper service, the defendant has chosen to absent from the proceedings. As per order dated 15.10.2025, the defendant has been proceeded ex-parte as not appeared

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O.A. No. 103 of 2024

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before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendant.

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In order to prove its case, the applicant bank has filed its evidence by way of Affidavit of Ms. Swathi Vajjhala , authorized representative of the applicant bank who has proved the documents Bora Resolution, Loan Application, Loan Agreement, Notice dated 17.01.2024 alongwith Postal Receipts, Delivery reports, Statement of Account duly certified under Bankers' Books of Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/6 (Colly).

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly approved.

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As per the provision of Section 19(20) of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 which is analogous to Section 34 of CPC, on filing of the suit/claim, the contract between the parties comes to an end and the Court/Tribunal has a discretion to award the same depending upon the circumstances of each case. Same principle has been laid down by the Hon'ble Apex Court in the case of Central Bank of India Vs. Ravindra & Others. Taking stock of all the circumstances and keeping in view that there is a drastic fall in rates of interest globally and domestically, I am of the opinion that interest of justice will be served if the interest at the rate of 12% p.a. is awarded.

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The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant

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O.A. No. 103 of 2024

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bank and the applicant bank has proved its case beyond reasonable doubts.

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In the light of the above discussions, the Original Application deserves to be allowed.

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ORDER

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I, allow this OA and direct the defendant to pay to the applicant bank, within a period of 30 days, a sum of Rs.24,62,793/- (Rupees Twenty Four Lacs Sixty Two Thousand Seven Hundred Ninety Three only) together with pendentelite and future interest @12.00% per annum from the date of filing this application till the date of realization and costs; failing which the aforesaid amount shall be recovered from sale of movable and immovable properties of the defendants.

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(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

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(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 16.02.2026.

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(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 18.12.2025

Hdfc Bank Limited v. Deepak Kumar

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Deepak Kumar

Case brief

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What did the court decide?

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