Application for regularization and closure of account considered. Application dismissed due to document falsification. Applicant directed to pay balance dues via post-dated cheques with positive pay compliance.
Applicant directed to pay Rs. 29.63 Lac within 15 days via post-dated cheques with positive pay compliance; liberty to move on exigency.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Supp. Item No. 02
Case No. SA 452/2025
HIMANSHU AGARWAL VS BAJAJ FINANCE LIMITED
Date: 14.10.2025 Proceedings through hybrid mode: Present:
Shri Lomesh Naga, Counsel for the Applicant
Shri Akshat Kulshrestha, Counsel along with Shri Jitendra Kumar Patidar, Authorized Officer for the Respondent Bank/FI
In this matter, Counsel for the applicant submits that applicant wants to regularize this account, but counsel for the respondent FI on instructions of the Authorized Officer of the FI who is present in the Court submits that they have lost trust in the party as they have been manipulating the documents while making fake statement of accounts and accidentally they came to know about the same as the party has gone for BT (bank transfer) of the loan account. Upon verification only they came to know that the statement of account has been digitally modified to make it appear as a genuine document.
The regularization of account is ruled out. The applicant is ready and willing to close the account by making payment. According to the bank, an amount of Rs. 30,91,631/- are due, but according to the applicant the due amount is Rs. 29,63,000/- and he is ready and willing to pay the same within 15 days time from today.
Counsel for the bank submits that if he pays this amount within 15 days, they will accept the same and close the account. No Dues
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Certificate will be issued and they will hand over the title documents to the applicant/mortgagor.
Applicant is hereby directed to make the payment as submitted by him of Rs. 29.63 Lac within 15 days time by giving post dated cheque within two working days. He is also directed to keep sufficient balance in his account and use the option of positive pay, so that the cheque may not get bounced because of non-compliance of RBI guidelines for positive pay compliance.
All cheques of Rs. 5.00 Lac have to be mandatorily been notified to the bank with positive pay. With these directions, this SA stands disposed of with the liberty to all the parties to move application in case of any exigency. If the payment is not made or cheque bounces, the bank is entitled to proceed with their securitization action and will also be entitled to make proceedings under Section 138 of Negotiable Instruments Act, 1881.
Accordingly, SA stands disposed off, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
“DASTI”
(Vimal Gupta) Presiding Officer DRT, Jaipur
Himanshu Agarwal
Bajaj Finance Limited
Vimal Gupta
As recorded by the court registry
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