The Tribunal allowed the applicant bank's original application for recovery of dues of approximately Rs.28.73 Lakrs arising from a defaulted commercial vehicle loan, noting that defendants were absent and proceedings conducted ex-parte.
Direction to pay Rs.28,73,874.30 with interest and costs within 30 days, failing which recovery from sale of assets.
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T.A. No. 2661 of 2022
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma
T.A. No.2661 of 2022
HDFC Bank Ltd. Plot No.31, Najafgarh Road Industrial Area Tower 'A', 1st Floor Shivaji Marg, Moti Nagar New Delhi-110015 Applicant Versus 1.Mahender Gupta (since deceased) Through LF Mrs Renu Gupta w/o Mahender Gupta 300, Block-10, Dakshin Puri Dr. Ambedkar Nagar New Delhi-110062 2.Mrs.Renu Gupta 300, Block-10, Dakshin Puri Dr. Ambedkar Nagar Defendants New Delhi-110062
Present: Ms Kusum Bhatt, Counsel for the applicant bank Date of Institution: 26.11.2015 Date of Pronouncement: 19.04.2025
FINAL ORDER
This original application has been filed by the applicant bank on 26.11.2015 before DRT-III, Delhi and then transferred to DRT-I through Sh. Sudhir Yadav, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the
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T.A. No. 2661 of 2022
defendant for recovery of a sum of Rs.28,73,874.30/- (Rupees Twenty Eight Lacs Seventy Three Thousand Eight Hundred Seventy Four and Paisa Thirty only) as on 10.11.2015 along with pendentelite and future interest @12.38% per annum from 10.11.2015 till the date of realization along with costs. Further, the name of Sh.Manas Gupta was substituted as authorized representative in place of Sh.Sudhir Yadav, erstwhile AR for the applicant bank.
T.A. No. 2661. of 2022
defendants failed to regularize the account and hence the applicant bank has approached this Tribunal for recovery of their dues.
T.A. No. 2661 of 2022
bank and the applicant bank has proved its case beyond reasonable doubts.
ORDER
I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, a sum of Rs.28,73,874.30/- (Rupees Twenty Eight Lacs Seventy Three Thousand Eight Hundred Seventy Four and Paisa Thirty only) as on 10.11.2015 together with pendentelite and future interest @1238% per annum from 10.11.2015 till the date of realization and costs; failing which the aforesaid amount shall be recovered from the sale of hypothecated equipments, etc. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.
(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.
(III)Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 18.06.2025.
(IV)Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. 54-
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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI
(Dictated and pronounced in open court) Dated: 19.04.2025
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1 issue framed by the court
Whether the applicant bank is entitled to recover dues from the defendants for failure to regularize the commercial vehicle loan account.
2 provisions across 2 enactments
HDFC Bank Ltd.
Mrs Renu Gupta
Govind Ballabh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
