Allowed

Hdfc Bank v. Aniraj Chauhan

DRT17 Jun 2025OA/378/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by HDFC Bank Limited for recovery of Rs. 25,05,462.04 along with interest. The bank proved that the defendants failed to pay dues on a commercial equipment loan. The defendants were absent; no rebuttal was offered. The Tribunal awarded 12% p.a. interest instead of the claimed 18%.

What did the court decide?

Directs defendants to pay Rs. 25,05,462.04 with 12% p.a. interest and costs within 30 days; directs recovery from sale of hypothecated JCB vehicle and other assets if payment is not made.

Hdfc Bank versus Aniraj Chauhan — Banking and Recovery | DRT (2025)

¶1

O.A. No.378 of 2024

¶2

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

¶3

Presiding Officer: Shri Govind Ballabh Sharma

¶4

O.A. No. 378 of 2024

¶5

HDFC Bank Limited

¶6

Plot No.31, Najafgarh Road Industrial area Tower IA', 1st Floor, Shivaji Marg, Moti Nagar, New Delhi-110015

¶7

Applicant

¶8

Versus

¶9

Shri Aniraj Chauhan

¶10

7, Badoli Mohalla, Near Main Gali Sunger Pur, North West, Delhi-110036

¶11

Also at:

¶12

Om Tara Chand Trading Company

¶13

5, Badoli Mohalla Near Main Gali Sunger Pur Delhi North West Delhi-110036

¶14

Mr. Aniket Chauhan

¶15

7, Badoli Mohalla, Near Main. Gali Sunger Pur, North West Delhi-110036 Defendants

¶16

Present: Ms Amita Kumar', Counsel for the applicant bank

¶17

Date of Institution: 05.06.2024

¶18

Date of Pronouncement: 17.06.2025

¶19

FINAL ORDER

¶20

This original application has been filed by the applicant bank on 05.06.2024 through Ms. Nitya Bakshi, authorized representative of the applicant bank under Section 19 of sd-

¶21

¶22

O.A. No.378 of 2024

¶23

Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.25,05,462.04 (Rupees Twenty Five Lacs Five Thousand Four Hundred Sixty Two and paisa Four only) as on 15.05.2024 along with pendentelite and future interest @18% per annum with monthly rest from date of filing of this application till the date of realization and costs.

¶24

The brief facts of the case are that at the request of defendant no.1 as borrower along with defendant no.2 as guarantor vide loan application dated 28.10.2022, the applicant bank sanctioned Commercial Equipment Retail Loan of Rs.29,62,418/- (Rupees Twenty Nine Lacs Sixty Two Thousand Four Hundred Eighteen only) on 19.01.2023 in order to purchase JCB 3DX XTRA BACKHOE commercial vehicle having Registration No.HR51CK1109 to be repayable in 59 EMI of Rs.65,274/- @11.03% interest per annum against hypothecation.

¶25

That in order to avail the Loan facility, the defendants submitted loan application and executed Loan Agreements with the applicant bank on 19.01.2023.

¶26

That in order to secure the commercial vehicle loan facility, the defendants hypothecated the commercial vehicle namely JCB 3DX XTRA-BACKHOE having Engine no.HAR3DXS4E03194959, Chassis No. H00355134 and Registration No.HR51-CK1109 in favour of applicant bank duly reflected as per VAHAN website.

¶27

It has been submitted by the applicant bank that after availing the commercial vehicle loan facility, the defendants failed to comply with the terms and conditions despite several

¶28

5d—

¶29

O.A. No.378 of 2024

¶30

requests and defendants failed to pay the outstanding dues and monthly installments in time to the applicant bank. The applicant bank recalled the loan and issued loan recall notice dated 16.05.2024 to adjust the outstanding amount along with interest but defendants have failed to comply with the notice. Hence, the applicant bank has approached this Tribunal for recovery of their dues.

¶31

Notices of this O.A. were issued to the defendants and despite proper service through publication in newspapers, the defendants have chosen to absent from the proceedings. As per order dated 03.04.2025, the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.

¶32

In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Ms. Nitya Bakshi, authorized representative of the applicant bank who has proved the documents as Board Resolution Ex.AW-1/1, Loan Applications Ex.AW-1/2 (Colly), Hypothecation of equipment in favour of the applicant bank as reflected in RTO records downloaded from the website of VAHAN Ex.AW-1/3, Notice dated 16.05.2024 Ex.AW-1/4 (Colly), Delivery Reports downloaded from Indian Postal Department Ex.AW-1/5 (Colly), Certified Statement of Account under Bankers' Book of Evidence Act along with Foreclosure/Prepayment letter Act Ex.AW-1/6 (Colly).

¶33

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.

5d -

O.A. No.378 of 2024

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.

¶38

The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

¶39

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

¶40

ORDER

¶41

I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.25,05,462.04 (Rupees Twenty Five Lacs Five Thousand Four Hundred Sixty Two and paisa Four only) as on 15.05.2024 along with pendentelite and future interest @12% per annum with monthly rests and costs from date of filing of this application failing which the aforesaid amount shall be

5d-

O.A. No.378 of 2024

recovered from sale of hypothecated commercial vehicle namely JCB 3DX XTRA-BACKHOE having Engine no. HAR3DXS4E03194959, Chassis no. H00355134 and Registration number HR51CK1109. In case of shortfall the same shall be recovered from the sale of movable and immovable assets of the defendants.

¶46

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

¶47

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 18.08.2025.

¶48

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

¶49

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

¶50

(Dictated and pronounced in open court) Dated: 17.06.2025

¶51