Allowed

Hdfc Bank v. Dhan Pal Singh

DRT13 Nov 2025TA/2555/2022

Case brief

AI extract

What is this about?

This Tribunal allowed an application filed by HDFC Bank for the recovery of outstanding dues totaling Rs.34,33,570.09 along with interest from a defaulting borrower, directing immediate payment or recovery from hypothecated assets.

What did the court decide?

Direct payment of Rs.34,33,570.09 along with pendentelites and future interest within 30 days; recovery from sale of hypothecated vehicles and properties upon default.

Hdfc Bank versus Dhan Pal Singh — Contract and Commercial Disputes | DRT (2025)

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T.A No.2555 of 2022

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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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T.A. No.2555 of 2022

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HDFC Bank Ltd.

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Plot no.31, Najafgarh Industrial area Tower A, 1st floor

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Shivaji Marg, Moti Nagar New Delhi-110015

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Applicant

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Versus

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Mr. Dhan Pal Singh s/o Bali Ram H.No.M-3, B-7 S-2/EWS

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Neelkanth Apartment, Ramprastha Colony, Chander Nagar, Near Railway line Ghaziabad, UP-201011

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Also at:

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Mr. Dhan Pal Singh s/o Bali Ram Proprietor - Nidhi Building Material Supplier B-188, First Floor, Ramprastha Colony Near City Center Market Ghaziabad, U.P-201011 Defendant

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Present: Mr. Navneet Kumar, counsel for applicant bank

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Date of Reserve: 14.10.2025 Date of Pronouncement: 13.11.2025

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FINAL ORDER

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This original application has been filed by the applicant bank on 25.07.2022 before DRT III, Delhi and then transferred to DRT-I Delhi through Shri Arvind Singh, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of Rs.34,33,570.09 (Rupees Thirty Four

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T.A No.2555 of 2022

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Lacs Thirty Three Thousand Five Hundred Seventy and paisa Nine only) as on 29.06.2022, out of which Rs.12,95,442.55 in the Auto loan account alongwith pendentelite and future interest @9.90% per annum and Rs.21,38,127.54 (Rupees Twenty One Lacs Thirty Eight Thousand One Hundred Twenty Seven and paisa Fifty Four only) in Auto Premium loan account along with pendentelite and future interest @9.25% per annum from 29.06.2022 till the date of realization in full and costs.

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The brief facts of the case are that at the request of defendant, the applicant bank sanctioned Auto Loan for a sum of Rs.18,13,550/- (Rupees Eighteen Lacs Thirteen Thousand Five Hundred Fifty only) on 25.04.2019 for purchase of Innova Crysta 2.8 ZX car, to be repayable in 60 EMIs and got extended to 70 EMIs of Rs.38,443/- from 05.06.2019 to 05.03.2025. Further, on the request of defendant, the applicant bank sanctioned Auto Premium Loan for a sum of Rs.30,00,000/(Rupees Thirty Lacs only) on 26.09.2019 for purchase of Mercedes Benz CLA 200, to be repayable in 60 EMIs which was extended to 65 EMIs of Rs.62,640/- spanning from 05.11.2019 to 05.03.2025.

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That in order to avail the vehicle loan facilities, the defendant submitted Auto Loan Applications and executed Agreements for Auto Loans and Deeds of Hypothecation of vehicles and other relevant documents on 25.04.2019 and 26.09.2019 in favour of applicant bank.

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That in order to secure the aforesaid vehicle loan facilities, the defendant hypothecated the vehicles namely Innova Crysta 2.8 ZX AT car having Registration no.UP-14EA6555, Engine no. 1GDA306900, Chassis no. MBJJA8EM00521364-0419 and Mercedes Benz CLA 200 car having Registration no.UP-14EE-6555, Engine no.

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T.A No.2555 of 2022

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65193034891914 and Chassis no.WDD1173086L011771 in favour of applicant bank on 25.04.2019 and 26.09.2019.

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It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendants failed to comply with the terms and conditions and despite of several requests and reminders, the defendants failed to pay the outstanding dues and monthly installments in time to the applicant bank. Ultimately, the applicant bank issued the recall notice dated 30.06.2022 calling upon the defendants to pay the entire outstanding dues to the applicant bank but the defendants did not clear the dues of the applicant bank and 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 of proper service the defendants have chosen to absent from the proceedings. As per order dated 07.11.2023, the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Sh. Arvind Singh, authorized representative of the applicant bank who has proved the documents as Power of Attorney, Loan Applications, Loan Agreements and other relevant documents, Legal Notice of Termination cum Demand dated 30.06.2022, Foreclosures, Statement of Accounts and Statutory Certificates marked as Ex.AW-1/1 to Ex.AW-1/8 (CoIly).

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the

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T.A No.2555 of 2022

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applicant bank is based on the documents and the same 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.34,33,570.09 (Rupees Thirty Four Lacs Thirty Three Thousand Five Hundred Seventy and Paisa Nine only) as on 29.06.2022 along with pendentelite and future interest at 9.90% per annum from 29.06.2022 till the date of realization in full, failing which the aforesaid amount shall be recovered from the sale of the hypothecated vehicles namely Innova Crysta 2.8 ZX AT having registration number UP-14EA-6555, Engine no.1GDA306900, Chassis no. M BJJA8EM00521364-0419, Mercedes Benz CLA 200 having registration no.UP-14EE6555, Engine no.65193034891914, Chassis no. WDD173086L011771. 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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T.A No.2555 of 2022

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(Ill) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 12.01.2026.

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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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sd- (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI (Pronounced in open court) Dated: 13.11.2025

Hdfc Bank v. Dhan Pal Singh

Case brief

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Hdfc Bank v. Dhan Pal Singh

Case brief

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