Allowed

Hdfc Bank v. Sh. Ashish Ranjan

DRT14 Jan 2025OA/355/2023

Case brief

AI extract

What is this about?

In ex-parte proceedings under Section 19 of the RDB Act, the DRT allowed an original application filed by a bank to recover loan dues from a defaulting borrower who failed to appear. The court directed payment of the principal, interest, and costs, with recovery through asset sale if unpaid.

What did the court decide?

Directed payment of Rs.22,46,959.68 with interest and costs; recovery via sale of car if unpaid.

Hdfc Bank versus Sh. Ashish Ranjan — Contract and Commercial Disputes | DRT (2025)

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O.A. No.355 of 2023

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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 O.A. no. 355 of 2023
HDFC Bank Limited
Retail Assets Collection
Ist Floor, Tower A, Plot No.31, Najafgarh Industrial Area, Shivaji Marg, Moti Nagar, New Delhi-110015 Applicant
Versus
Sh.Ashish Ranjan s/o Sh.Satyendra Kumar House No.22, Block G, Pocket 17
Sector-15, Near Banshi Wala Sweet Rohini, Delhi-110085
Also available at:
Sh.Ashish Ranjan s/o Sh.Satyendra Kumar Green Ocean Associates
Property No.114, 1st Floor, Pocket A-3, Sector 7, Rohini, Delhi-110085 Defendant
Present: Mr. Pradeep Dhaka, counsel for the applicant bank
Date of Institution: 15.03.2023 Date of Pronouncement: 14.01.2025 FINAL ORDER

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This original application has been filed by the applicant bank on 15.03.2023 through Shri Arvind Singh, authorized representative of the applicant bank, under section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of a sum of Rs.22,46,959.68 (Rupees Twenty Two Lacs Forty Six Thousand Nine Hundred Fifty Nine & paisa Sixty Eight only) as on 15.02.2023 along with

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5d-

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O.A. No.355 of 2023

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pendentelite and future interest @8.15% per annum with monthly rest from 15.02.2023 and costs till the date of realization.

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The brief facts of the case are that at the request of defendant, the applicant bank sanctioned Auto Loan of Rs.22,13,553/- on 30.09.2022, @8.15% interest & penal interest @2% in the event of default or delay in repayment schedule to be repayable 84 monthly instalments of Rs.34,667/- for purchasing TATA SAFARI car.

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That in order to avail the said loan facility, the defendant submitted loan application and executed Agreement for Auto Loan and Loan Cum Hypothecation Agreement dated 30.09.2022.

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That in order to secure the car loan facility, the defendant hypothecated the TATA SAFARI car 2.0 XZA Plus D AT Car having Registration No. DL9CAZ9298, Engine No. 463438414206160 & Chasis no. MAT631590NWH70271 with 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 and despite several requests and reminders, the defendant failed to pay the outstanding dues and monthly installments in time to the applicant bank. The applicant bank recall the loan facility vide recall notice dated 16.02.2023 by terminating the loan agreement but defendant has failed to comply with the notice. Hence, the applicant bank has approached this Tribunal for recovery of their dues.

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O.A. No.355 of 2023

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Notices of this O.A. were issued to the defendant and despite proper service, the defendant chose to absent from the proceedings and none appeared on behalf of defendant, hence proceed ex-parte. As per order dated 10.10.2024, the defendant has been proceeded ex-parte due to non filing of written statement, evidence and affidavit of assets before this Tribunal.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Arvind Singh, authorized representative of the applicant bank who has proved the documents as Board Meeting Exhibit AW1/1, Loan Application Exhibit AW1/2, PAN Card Mark-A, Aadhar Card Mark-B, Power of Attorney Exhibit AW1/3, Disbursal Report Exhibit AW1/4, Statement of Account Exhibit AW1/5, Foreclosure Report Exhibit AW1/6, Loan Recall Notice Exhibit AW1/7, Postal Receipts Exhibit AW1/8, Speed Post Exhibit AW1/9, Recall Notice Exhibit AW1/10, Certificate under Section 65-B of Indian Evidence Act Exhibit AW1/11, Certificate under Section 2A of Banker Books Evidence Act Exhibit AW1/12.

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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 proved.

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

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In the light of the above discussions and documents on record, the Original Application deserves to be allowed. sd

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O.A. No.355 of 2023

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ORDER

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I, allow this OA and direct the defendant to pay to the applicant bank within 30 days, a sum of Rs.22,46,959.68 (Rupees Twenty Two Lacs Forty Six Thousand Nine Hundred Fifty Nine & paisa Sixty Eight only) along with pendentelite and future interest @8.15% per annum with monthly rest and costs from filing of this O.A., failing which the aforesaid amount shall be recovered from sale of TATA SAFARI car 2.0 XZA Plus D AT Car having Registration No. DL9CAZ9298, Engine No. 463438414206160 & Chasis no. MAT631590NWH70271. In case of default the same shall be recovered from the sale of movable and immovable assets of the defendant.

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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 17.03.2025.

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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: 14.01.2025

Hdfc Bank v. Sh. Ashish Ranjan

Case brief

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Hdfc Bank v. Sh. Ashish Ranjan

Case brief

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