Allowed

Bank of Baroda (E-Vijaya Bank) v. Mr. Ashok Kumar

DRT5 Apr 2025TA/2354/2022

Case brief

AI extract

What is this about?

DRT-I, Delhi allowed the bank's original application for recovery of Rs. 89.36 lakhs along with interest and costs. The court passed order on ex-parte basis as respondents did not appear, directed payment and execution of recovery certificate against movable/immovable assets and mortgaged property.

What did the court decide?

Direct defendants to pay Rs.89,36,242/- with interest; issue recovery certificate; order recovery from sale of mortgaged property and defendants' assets if payment fails.

Bank of Baroda (E-Vijaya Bank) versus Mr. Ashok Kumar — Cheque Dishonour | DRT (2025)

¶1

T.A. No. 2354 of 2022

¶2

Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

¶3

Presiding Officer: Shri Govind Ballabh Sharma T.A. No.2354 of 2022 Bank of Baroda (e-Vijaya Bank) Noida Complex, Sector-18, Noida Uttar Pradesh-201301 Applicant Versus 1. Mr. Ashok Kumar s/o Sh. Shatranjan Kumar E-67, South Anarkali Delhi-110051 2. Mrs. Sampa w/o Mr. Ashok Kumar E-67, South Anarkali Defendants Delhi-110051 Present: Shri Abhindra Maheshwari, Counsel for the applicant bank Date of Institution: 09.01.2020 Date of Pronouncement: 05.04.2025

¶4

FINAL ORDER

¶5

This original application has been filed by the applicant bank before DRT-II, Delhi and then transferred to DR1-I Delhi on 09.01.2020 through Sh.Amit Tiwary, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the defendants for recovery of a sum of Rs.89,36,242/- (Rupees Eighty Nine Lacs Thirty Six Thousand Two Hundred Forty Two only ) along with pendentelite and

¶6

¶7

¶8

T.A. No. 2354 of 2022

¶9

future interest @9.65% per annum with monthly relts plus @2% penal interest from the date of filing this application till the date of realization.

¶10

The brief facts of the case are that on the request of the defendants, the applicant bank sanctioned Housing Loan facility for a sum of Rs.1,24,00,000/- (Rupees One Crores Twenty Four Lacs only) and disbursed an amount of Rs.91,00,000/- (Rupees Ninety One Lacs only) @9.65% floating interest to be repaid in 240 EMI on 21.06.2016 in order to purchase property being Apartment bearing no.163, Bhatnagar CHBS Ltd. Chitra Vihar, Delhi.

¶11

In order to avail the housing loan facility, the defendants submitted Release of Loan under VHL scheme and executed Articles of Agreement with Schedule of Repayment dated 29.06.2016, Agreement to mortgage cum General Power of Attorney dated 21.07.2016 in favor of the applicant bank.

¶12

That in order to secure the housing loan facility, the defendant no.2 mortgaged the Apartment No.163, Bhatnagar CHBS Ltd., Chitra Vihar, Delhi-110092 with the applicant bank on 10.08.2016 by depositing registered sale deed having registration no.4030 Book No.1, Volume No.841 on Page 134 to 142 dated 08.08.2016 and Memorandum was drawn by the applicant bank

¶13

It has been submitted by the applicant bank that after availing the aforesaid loan facility, the defendants failed to comply with the terms and conditions of sanction and^{►ailed to} regularize the account with the applicant bank. Ultimately, the applicant bank issued legal notice dated 06.08.2018 and

¶14

T.A. No. 2354 of 2022

¶15

classified the account as NPA on 29.07.2019 as per RBI guidelines but the defendants neglected the same and hence the applicant bank has approached this Tribunal for recovery of their dues. The defendants acknowledged their liability towards the applicant bank on 07.07.2018 for Rs.88,83,842.77.

¶16

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 18.09.2024, the defendants have 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.

¶17

In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Amit Tiwary, authorized representative of the applicant bank who has proved the documents as Sanction letter Ex.AW-1/1, Request Letter for Release of loan Ex.AW-1/2, Articles of Agreement Ex.AW-1/3, Power of Attorney to Mortgage Ex.AW-1/4, Memorandum of Deposit of Title Deeds Ex.AW-1/5, Statement of Accounts Ex.AW-1/6, Legal Notice along with Postal Receipts Ex.AW-1/7, Acknowledgement of liability by defendants Ex.AW-1/8.

¶18

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.

¶19

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. 5d-

¶20

T.A. No. 2354 of 2022

¶21

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

¶22

ORDER

¶23

I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within a period of :^{10 days,} a sum of Rs.89,36,242/- (Rupees Eighty Nine Lacs Thirty Six Thousand Two Hundred Forty Two only) together with pendentelite and future interest @11.65% per annum with monthly rests from the date of filing this application till the date of realization and costs; failing which the amount shall be recovered from sale of mortgaged property bearing No.163, Bhatnagar CHBS Ltd., Chitra Vihar, Delhi. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

¶24

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

¶25

(III)^{Parties are directed to appear before the Recovery} Officer, DRT I, Delhi on 04.06.2025.

¶26

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

¶27

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

¶28

(Dictated and pronounced in open court) Dated: 05.04.2025

Bank of Baroda (E-Vijaya Bank) v. Mr. Ashok Kumar

Case brief

What is this about?

What did the court decide?

Bank of Baroda (E-Vijaya Bank) v. Mr. Ashok Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hdfc Bank Limited versus Prabhat Yadav

Hdfc Bank Limited versus Om Trading

Bank of Baroda (Vijaya Bank) versus M/s Priya Fashion

Canara Bank (Syndicate Bank) versus M/S Sharma Enterprises

Bank of Baroda (E-Vijaya Bank) versus M/S Fox International Publication LLP

Canara Bank versus M/S Inasco India