Allowed

Bank of Maharashtra v. Parveen

DRT29 Oct 2025OA/788/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed a money-recovery application filed by a bank against a loan defaulter in ex-parte proceedings. The court directed the defendant to pay the principal along with interest and costs within 30 days, with recovery via sale of hypothecated goods.

What did the court decide?

Direction to pay Rs.53,54,131/- with interest and costs; issuance of recovery certificate; recovery from hypothecated and other properties if shortfall exists.

Bank of Maharashtra versus Parveen — Banking and Recovery | DRT (2025)

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O.A. No. 788 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.788 of 2023

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Bank of Maharashtra 28/14, Block 47 East Patel Nagar Branch New Delhi-110008 Applicant

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Versus

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Mrs. Parveen w/o Mohd. Sajid Proprietor of M/s AGM Enterprises 13 380 A, Gali No.1/5 Near Madina Masjid Kabir Nagar, Shandara Dayalpur, North East New Delhi-110094 Defendant

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Present: Shri Shailesh Kumar, Counsel for the applicant bank Date of Reserve: 08.10.2025 Date of Pronouncement: 29.10.2025

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FINAL ORDER

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This original application has been filed by the applicant bank on 26.09.2023 before DRT-I, Delhi through Sh.Ajit Kumar Singh, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the defendant for recovery of a sum of Rs.53,54,131/- (Rupees Fifty Three Lacs Fifty Four Thousand One Hundred Thirty One only) as on 20.09.2023 long with pendentelite and future interest @9.25% per annum along with penal interest @2% per annum with monthly rests from 21.09.2023 till the date of realization along with costs.

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O.A. No. 788 of 2023

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The brief facts of the case are that on the request of the defendant vide loan application along with KYC documents as well as PAN Card and Voter ID Card etc., the applicant bank sanctioned Cash Credit facility of Rs.49,00,000/- (Rupees Forty-Nine Lacs only) on 18.05.2017 @11% interest per annum against hypothecation of stocks and book debts which was renewed on 10.07.2019. Further, on the request of the defendant, the applicant bank restructured the credit facility in four parts viz. Cash Credit facility of Rs.10,00,000/-, Working Capital Term Loan of Rs.41,03,000/-, FITL-I of Rs.2,90,000/and FITL-II of Rs.5,35,000/- on 30.12.2020 duly accepted by the defendant.

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That in order to avail the loan facilities, the defendant submitted loan application and executed Sanction Letters, Deeds of Hypothecation, Letter of Proprietorship, Demand Promissory Notes, Guarantee by Sh.Mohd. Sajid, Letters of Authority for adjustment of Deposit (New AX9), Request Iretters for making Credit Facilities, Receipt for Loan with the applicant bank on 29.06.2017 and 05.01.2021

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F. It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendant failed to comply with the terms and conditions of sanction and failed to regularize the accounts with the applicant bank. Ultimately, the applicant bank classified the account as NPA on 29.07.2023 as per RBI guidelines and issued legal recall notice dated 03.08.2023 but the defendant failed to regularize the account and hence the applicant bank has approached this Tribunal for recovery of their dues.

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O.A. No. 788 of 2023

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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 27.11.2024, the defendant has been proceeded ex-parte as they have not appeared 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 Shri Ajit Kumar, authorized representative of the applicant bank who has proved the documents as Authorization Letter, Loan application with Personal Information, Copy of PAN Card, Copy of Voter ID Card, Copy of IT return, Sanction Letters, Deeds of Hypothecation, Letter of Proprietorship, Demand Promissory Notes, Guarantee for all Facilities, Letters of Authority, Request Iretters, Guarantee Deeds, Receipt for Amount of Loans, Various Letters, Legal Demand Notice/Recall Notice, Postal Receipts and Tracking Report, Statement of Account, certificate under Banker's Book Evidence Act, Certificate under Section 65B of Indian Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/36.

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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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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. cd-

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O.A. No. 788 of 2023

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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.53,54,131/- (Rupees Fifty Three Lacs Fifty Four Thousand Qne Hundred Thirty One only) as on 20.09.2023 together with pendentelite and future interest @11.25% per annum with monthly rests from 21.09.2023 till the date of realization and costs; failing which the aforesaid amount shall be recovered from the sale of hypothecated goods. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

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cII) The recovery certificate be issued forthwith and be sent o 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 29.12.2025.

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

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5d -

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

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(Dictated and pronounced in open court) Dated: 29.10.2025

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Bank of Maharashtra v. Parveen

Case brief

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Bank of Maharashtra v. Parveen

Case brief

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