Allowed

Bank of Baroda v. Sh. Mohd. Adil

DRT6 Mar 2025OA/583/2023

Case brief

AI extract

What is this about?

Applicant bank filed an original application for recovery of dues against defendants who failed to repay housing, renovation, and vehicle loans after account classification as NPA. Court proceeded ex-parte due to absence and allowed recovery along with interest.

What did the court decide?

Direct defendants to pay Rs.50,72,494.95 with interest; issue recovery certificate; enforce via sale of hypothecated assets or defendant properties.

Bank of Baroda versus Sh. Mohd. Adil — Banking and Recovery | DRT (2025)

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O.A. No.583 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

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O.A. No. 583 of 2023

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Bank of Baroda 2/10, Ansari Road, Darya Ganj New Delhi-110002

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Applicant

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Versus

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Sh.Mohd. Adil s/o Ahmad Karim R/o H.No.857, Gali No.30/4,

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Jafrabad, New Seelampur, Delhi-53

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Also at:

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Sh.Mohd. Adil s/o Ahmad Karim

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Shop No.327, Main Road

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Jafrabad, New Seelampur, Delhi-53

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Mrs. Farzana Bano w/o Mohd Adil R/o H.No.857, Gali No.30/4, Jafrabad, New Seelampur, Delhi-53

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Also at:

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Mrs. Farzana Bano w/o Mohd Adil Shop No.559, Main Road

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Jafrabad, New Seclampur, Delhi-53

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Defendants

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Present: Ms Geetanjali Sharma, Counsel for applicant bank

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Date of Institution: 22.05.2023

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Date of Pronouncement: 06.03.2025

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FINAL ORDER

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This original application has been filed by the applicant bank on 22.05.2023 through Shri Jitendra Singh Sikarwar, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions

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O.A. No.583 of 2023

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Act, 1993 against the defendants for recovery of a sum of Rs.50,72,494.95 (Rupees Fifty Lacs Seventy Two Thousand Four Hundred Ninety Four & paisa Ninety Five only) as on 11.05.2023 along with pendentelite and future interest @9.15% per annum in Housing Loan account, @9.35% per annum in loan for Renovation and @9.80% per annum in Vehicle Loan plus @2% penal interest with monthly rests from 12.05.2023 till the date of its realization and costs. Further, the name of Sh.Pradeep Sharma was substituted as authorized representative in place of Sh.Jitendra Singh Sikarwar, erstwhile AR for the applicant bank.

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The brief facts of the case are that on the request of the defendants vide their home loan application dated 14.07.2015 along with KYC documents & Agreement to Sell dated 11.07.2015, the applicant bank sanctioned Housing Loan of Rs.97.50 lacs on 24.08.2015 to be repayable in 276 EMI of Rs.90,400/- @10.00% interests per annum with monthly rests in order to purchase residential house bearing no.C-321 1st Floor with roof rights, DDA Colony, New Jafrabad, Shandara, Delhi admeasuring 140 sq.meters. Further, the applicant bank sanctioned an additional housing loan of Rs.7.50 lacs was sanctioned on 30.09.2015 for renovation of said flat to be repayable in 276 EMI of Rs.6,877/- @9.85% interest per annum. In addition to the above loan facilities, Vehicle of Rs.4.40 lacs was sanctioned for purchasing New Grand Sports 1.2 Car @10.05% (floating) interest per annum to be repayable in 84 EMI on 14.01.2016.

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That in order to avail the said loan facilities, the defendants submitted loan applications with Agreement to Sell and executed Letter of Repayment, Articles of Agreement and cd-

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O.A. No.583 of 2023

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Agreement to Mortgage, Demand Promissory Note on 31.08.2015 and 30.09.2015. In addition, the defendants submitted vehicle loan application with Performa invoice dated 13.01.2016 and executed Hypothecation Agreement, Promissory Note, Authorization Letter, Common Letter for Authorization, Letter of Guarantee and Letter of Repayment for vehicle loan on 14.01.2016 in favour of applicant bank.

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That in order to secure the loan facilities, the defendants mortgaged the residential house bearing no.C-32, 1st Floor with roof rights, DDA Colony, New Jafrabad, Shandara, Delhi admeasuring 140 sq.meters and hypothecated the New Grand Sports 1.2 car haVng Registration No.DL-8CA-6857 purchased from M/s Himgiri Cars Pvt.Ltd. together with insurance policy and registration certificate of the vehicle in favour of the applicant bank.

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It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendants failed to maintain financial discipline and comply with the terms and conditions of loan despite several requests and reminders to pay the outstanding dues and monthly installments in time to the applicant bank. Ultimately, the applicant bank classified all the accounts as NPA on 29.01.2021 but defendants could not regularize the accounts, hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 06.04.2021 was issued to the defendants calling upon them to regularize the account and pay the entire outstanding dues. The applicant bank auctioned the mortgaged property on 08.03.2022 for Rs.71,08,550/- and

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O.A. No.583 of 2023

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appropriated the amount in the account after issuance of sale certificate dated 30.03.2022 to the auction purchasers.

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Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. As per order dated 24.09.2024, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal nor written statement, evidence and affidavit of assets have been filed.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Jitendra Singh Sikarwar, authorized representative of the applicant bank who has proved the documents as Amalgamation Scheme Mark-A, General Power of Attorney Exhibit-AW1/1(OSR), Loan Application and Agreement to Sell Exhibit-AW1/2(colly), KYC Documents Mark-B(colly), Letter of Repayment, Articles of Agreement and Agreement to Mortgage all dated 31.08.2015 Exhibit-AW1/4(colly), Loan Application dated 24.09.2015 Exhibit-AW1/5, Sanction Memo dated 30.09.2015 ExhibitAW1/6, Letter of Repayment, Articles of Agreement, Promissory Note, Common Letter of Authorization and Memorandum all dated 30.09.2015 Exhibit-AW1/7(colly), Loan Application dated 14.01.2016 with Performa Invoice ExhibitAW1/8(colly), Sanction Letter dated 14.01.2016 ExhibitAW1/9, Hypothecation Agreement, Promissory Note, Letter of Repayment, Authorization Letter, Common Letter for Authorization and Letter of Guarantee all dated 14.01.2016 Exhibit-AW1/10(colly), Copy of Tax Invoice, Debit Note, Insurance Policy etc. Mark-C(colly), NPA Sheet Exhibit-AW1/11, Notice u/s 13(2) Exhibit-AW1/12, Sale Certificate dated 30.03.2022 Exhibit-AW1/13, Statement of Accounts and

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O.A. No.583 of 2023

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UPGACC Sheets Exhibit-AW1/14(colly), Certificate u/s 2A(b) and 2A(c) of Bankers' Books Evidence Act r/w Sector 65-B of Indian Evidence Act Exhibit-AW1/15.

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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 sane 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 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 defendants to pay to the applicant bank, jointly or severally, within a period of 30 days, a sum of Rs.50,72,494.95 (Rupees Fifty Lacs Seventy Two Thousand Four Hundred Ninety Four & paisa Ninety Five only) as on 11.05.2023 along with pendentelite and future interest

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with monthly rests as per following:

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Housing Loan	39,05,[email protected]%
Loan for Renovation	8,88,[email protected]%
Vehicle Loan	2,78,[email protected]%

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from 12.05.2023 till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of

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O.A. No.583 of 2023

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hypothecated Fortuner Car having Registration Number DL-8CA-6857. In case of shortfall, the same shall be recovered from the 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 05.05.2025.

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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: 06.03.2025

Bank of Baroda v. Sh. Mohd. Adil

Case brief

What is this about?

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Bank of Baroda v. Sh. Mohd. Adil

Case brief

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