Allowed

Hdfc Bank v. Shri. Sonu Kumar

DRT5 Jul 2025OA/914/2023

Case brief

AI extract

What is this about?

In an ex-parte proceeding, the Tribunal allowed the bank's application for recovery of commercial vehicle loan dues totaling approximately 94.50 lacs, directing the respondents to pay with interest and costs, failing which payment to be made from the sale of hypothecated vehicles.

What did the court decide?

Direction to pay Rs.94,49,770.52 with interest @12% per annum; recovery from hypothecated vehicles if not paid.

Hdfc Bank versus Shri. Sonu Kumar — Contract and Commercial Disputes | DRT (2025)

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O.A. No.914 of 2023

¶2

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. 914 of 2023

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HDFC Bank Ltd.

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Retail Assets Collection Tower 'A', 1st Floor, Plot No.31, Najafgarh Road Industrial Area Shivaji Marg, Moti Nagar New Delhi-110015 Applicant

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Versus

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Shri Sonu Kumar s/o Shiv Kumar House No.C-135, Block C Village Shahbad Dairy, North West Delhi-110042

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Also at:

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Proprietor of M/s Shiv Choudhary Stock Khasra No.37/9, Village Shahbad Daulatpur Narela, Delhi-110042

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Shri Shiv Kumar s/o Sh.Ajab Singh House No.135-1361 Block C Village Shahbad Dairy, North West Delhi-110042

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Also at:

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Khasra No.37/9, Village Shahbad Daulatpur Narela, Delhi-110042 Defendants

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Present: Shri Manish Verma, Counsel for the applicant bank

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Date of Institution: 24.11.2023 Date of Pronouncement: 05.07.2025

Sd-

O.A. No.914 of 2023

FINAL ORDER

This original application has been filed by the applicant bank on 24.11.2023 through Ms. Nitya Bakshi, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.94,49,770.52 (Rupees Ninety Four Lacs Forty Nine Thousand Seven Hundred Seventy & paisa Fifty Two only) as on 09.10.2023 along with pendentelite and future interest @10.72% per annum from 09.10.2023 till the date of its realization and costs.

¶21

The brief facts of the case are that on the request of defendant no.1 being proprietor of M/s Shiv Choudhary Stock borrower and defendant no.2 as guarantor vide their loan application for purchase of Commercial Vehicles, the applicant bank sanctioned and disbursed Three Commercial Vehicle Loan facilities for purchase of one TATA LPT2818G and Two Sigma 4825BSVI along with Two Commercial Equipment / Tipper Body aggregating Rs.115.75 lacs (Rupees One Crore Fifteen

¶22

Lacs Seventy Five Thousand only) as per details:

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Date of Disbursement	Nature of Loan	Sanctioned Loan (Rs. In lac)	Interest Rate	Tenure	Instalment
29.06.2022	Used Commercial Vehicle	15.75	10.68%	24	73177/-
31.08.2022	Commercial Vehicle	46.50	10.72%	47	121590/-
31.08.2022	Commercial Vehicle	46.50	10.72%	47	121590/-
31.08.2022	Commercial Equipment/ Tipper Body	3.50	10.72%	47	9232/-
31.08.2022	Commercial Equipment/ Tipper Body	3.50	10.72%	47	9232/-

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O.A. No.914 of 2023

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That in order to avail the aforesaid loan facilities, the defendants submitted loan applications and executed Loan Agreement on 29.06.2022 along with Terms and condition and schedule cum key fact statement with Irrevocable Power of Attorney in favour of applicant bank.

¶27

That in order to secure the vehicle loan facilities, the defendant no.1 hypothecated the Commercial vehicles namely One TATA LPT2818G and Two SIGNA 4825BSVI having Registration Number HR63D6304, HR55AM1238 and HR55AM1775 in favour of applicant bank.

¶28

It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendants failed to maintain financial discipline despite several requests and reminders to pay the outstanding dues and monthly installments in time to the applicant bank but defendants did not respond. The applicant bank constrained to issue recall notice dated 10.10.2023 to the defendants but both neglected to clear the outstanding dues of the applicant bank, hence, the applicant bank has approached this Tribunal for recovery of their dues.

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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 04.04.2025, 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.

¶30

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

SAI

O.A. No.914 of 2023

documents as Board Resolution Exhibit AW1/1, Loan Application Exhibit AW1/2, True copy of PAN and Aadhar Cards Mark-A to Mark-H, Terms and conditions of Loan Agreement along with schedule cum key fact statement with Irrevocable Power of Attorney Exhibit AW1/3 (colly) & Exhibit AW1/7 (colly), Disbursement Voucher Exhibit AW1/4„ Loan Applications Exhibit AW1/5 and Exhibit AW1/6, Disbursement Memo Exhibit AW1/8 (colly), Statement of Accounts Exhibit AW1/9 (colly), Foreclosure Reports Exhibit AW1/10 (colly), Recall Notice Exhibit AW1/11, Postal Receipts Exhibit AW1/12 (colly), Speed Post Tracking Report Exhibit AW1/13 (colly), Certificates u/s 65-B of Indian Evidence Act and 2A of Banker Books Evidence Act Exhibit AW1/14 and Exhibit AW1/15.

¶35

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.

¶36

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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10.^{In the light of the above discussions, the Original} Application deserves to be allowed.

O.A. No.914 of 2023

ORDER

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.94,49,770.52 (Rupees Ninety Four Lacs Forty Nine Thousand Seven Hundred Seventy & paisa Fifty Two only) as on 09.10.2023 along with pendentelite and future interest @12% per annum from 09.10.2023 till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of hypothecated commercial vehicles:

¶42

Vehicle Name	Registration No.	Engine No.	Chasis No.
TATA LPT2818G	HR63D6304	91D84875773	MAT448641K0E06770
SIGNA 4825BSVI	HR55AM1238	B67B6A250D02122G64223134	MAT808036NIG19922
SIGNA 4825BSVI	HR55AM1775	B67B6A250D02122G64224011	MAT808036NIG19923

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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 04.09.2025.

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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: 05.07.2025

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Hdfc Bank v. Shri. Sonu Kumar

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Shri. Sonu Kumar

Case brief

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What did the court decide?

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