Allowed

Hdfc Bank Limited v. Rohan Rawat

DRT10 Jun 2025OA/458/2023

Case brief

AI extract

What is this about?

The DRT allowed the bank's application for recovery of Rs. 32,58,794.44 along with interest. The Tribunal reduced the interest rate to 12% per annum by analogy with CPC Section 34, distinguishing it from the default 18% on the basis of falling global interest rates.

What did the court decide?

Recovery of principal sum of Rs. 32,58,794.44 and future interest at 12% per annum with monthly rest; enforcement via sale of properties.

Hdfc Bank Limited versus Rohan Rawat — Banking and Recovery | DRT (2025)

¶1

O.A No. 458 OF 2023

¶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. 458 of 2023

¶5

HDFC Bank Ltd.

¶6

Plot No.31, Najafgarh Industrial Area Tower A, 1st Floor Shivaji Marg, Moti Nagar New Delhi-110015

Applicant

Versus

Shri Rohan Rawat

Block 21, H-504, Kali Bari Marg Near Central School, New Delhi-110001

¶11

Also at:

¶12

Shri Rohan Rawat Bank of Baroda,

¶13

16, Janpath, New Delhi-110001

¶14

Defendant

¶15

Present: Ms Amita Kumari, Counsel for the applicant bank

¶16

Date of Institution: 20.04.2023

¶17

Date of Pronouncement: 10.06.2025

¶18

FINAL ORDER

¶19

This original application has been filed by the applicant bank on 20.04.2023 through Ms Swathi Vajjhala, 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.32,58,794.44 (Rupees Thirty Two Lacs Fifty Eight Thousand Seven Hundred Ninety

sd-

O.A No. 458 OF 2023

Four and paisa Forty Four only) as on 28.02.2023 along with pendentelite and future interest @18% per annum with monthly rest from the 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 vide his application, the applicant bank sanction Personal Loan of Rs.18,00,000/- (Rupees Eighteen Lacs only) @10.75% interest per annum to be repayable in 93 EMIs of Rs.41,417/- and Credit Card in favour of defendant on 10.02.2020.

¶25

That in order to avail the credit facility and credit card, the defendant agreed to the terms and conditions and executed Loan Agreement with the applicant bank.

¶26

It has been submitted by the applicant bank that after availing personal loan and credit card facilities, the defendant started defaulting in repayment of the instalments in personal loan including Credit Card dues to the applicant bank. Ultimately, the applicant bank classified the Personal Loan and Credit Card dues as NPA on 05.12.2022 and issued legal notice dated 28.02.2023 calling upon the defendant to pay the entire dues but defendant did not clear the dues and hence the applicant bank has approached this Tribunal for recovery of their dues.

¶27

Notices of this O.A. were issued to the defendant and despite proper service the defendant has chosen to absent from the proceedings. As per order dated 16.01.2025, the defendant has been proceeded ex-parte due to non-filing of written statement, evidence and affidavit of assets before this 5a Tribunal.

¶28

O.A No. 458 OF 2023

¶29

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 as Board Resolution Exhibit AW1/1, Original Credit Card Application and Loan Request Letter Exhibit AW1/2(colly), Loan Agreement Exhibit AW1/3, Recall Notice Exhibit AW1/4(colly), Email Exhibit AW1/5(colly), Certified Statement of Account with Foreclosure / Prepayment Letters Exhibit AW1/6(colly).

¶30

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.

¶31

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.

¶32

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. 5d -

5d -

0.A No. 458 OF 2023

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

¶37

ORDER

¶38

I, allow this OA and direct the defendant to pay to the applicant bank within 30 days, a sum of Rs.32,58,794.44 (Rupees Thirty Two Lacs Fifty. Eight Thousand Seven Hundred Ninety Four and paisa Forty Four only) as on 28.02.2023 along with pendentelite and future interest @12.00% per annum with monthly rest from date of filing of this application till the date of realization and cost, failing which the aforesaid amount shall be recovered from the sale of the immovable and immovable property of defendant.

¶39

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

¶40

(III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 08.08.2025.

¶41

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

¶42

Sd-

¶43

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

¶44

(Dictated and pronounced in open court) Dated: 10.06.2025

¶45

Hdfc Bank Limited v. Rohan Rawat

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Rohan Rawat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Devender Singh Sapra versus Decent Securities Pvt. Ltd.

Ms Fashion Adda Prop Smt Babita Ojha Saha versus Punjab National Bank (United Bank of India)

Ms Brijwasi Cycle Store versus Union Bank of India

Sanjay So Bhaurao Deshmukh versus Indian Overseas Bank

Hdfc Bank versus Mr. Subhash Chand

Central Bank of India versus M/S J.N Rice Mills