Allowed

Axis Bank v. Mohan Ram

DRT7 Apr 2026OA/1567/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Axis Bank's original application for recovery of Rs. 20,04,349/- outstanding against two borrowers. Holding the defendants jointly liable, the Tribunal issued a recovery certificate directing recovery from hypothecated and personal assets, including statutory costs.

What did the court decide?

Recovery certificate issued for Rs. 20,04,349/- with interest, recoverable from hypothecated and personal movable/immovable assets, plus costs of Rs. 34,389/.

Axis Bank versus Mohan Ram — Banking and Recovery | DRT (2026)

¶1

“ORIGINALAPPLICATION” No. 1567 OF 2023

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

¶3

PRESIDING OFFICER

¶4

O.A. NO. 1567 OF 2023

¶5

DATE OF DELIVERY OF ORDER 07.04.2026

¶6

Axis Bank Limited, a company incorporate under companies act 1956 and an existing company under companies act 2013 and a banking company within the meaning of banking regulation act 1949, having its head office at “Axis House”, C- 2, Wadia International Centre, Pandurang Budhkar Marg, Worli, Mumbai-400025 and its branch offices throughout India along with one of its regional office situated at G-9, Mahima Trinity Mall, 3-F-24, Swaj Farm New Sanaganer Road through its Authorized signatory- Mr. Naveen Sharma son of Sh. Mahaveer Prasad Sharma.

¶7

…..Applicant Bank…..

¶8

VERSUS

¶9

1. Shri Mohan Ram Choudhary son of Gokul Ram Choudhary resident of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan-342027.

OA No. 1567 of 2023

2. Smt. Indra Devi wife of Mohan Ram Choudhary, resident of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan342027.

¶14

……Defendants…..

¶15

Counsel for the Applicant Bank Sh. Bhoop Singh Gurjar Defendants None

¶16

JUDGMENT

¶17

This Original Application was filed by the applicant bank on 30.11.2023 for recovery of outstanding amount of Rs. 20,04,349/- from the Defendants.

¶18

As per the pleadings, Defendant No. 1 & 2 had approached the applicant bank for availing Term Loan Facility of Rs. 30,87,500/- for purchases of vehicle “Eicher Pro 6025” under Commercial Vehicle Loan Scheme and submitted the loan application to the applicant bank. After due consideration, term loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2020 for an amount of Rs. 30,00914/-. The defendant no. 1 & 2 again jointly approached the applicant bank for granting the term loan facility of Rs. 6,00,000/- for purchases of vehicle “Eicher Pro 6025” under commercial vehicle loan scheme and submitted the loan application to the bank. Upon considering all the requisite material provided by the

¶19

*Signed and uploaded on 15.04.2026

¶20

¶21

OA No. 1567 of 2023

¶22

defendants, the applicant bank the bank sanctioned the term loan facility of Rs. 6,00,000/- for purchase of new vehicle. Defendants failed to maintain financial discipline and committed defaults in payment of the overdue installments/interest, therefore, their loan account was classified as NPA. When the Defendant failed to clear their dues, the applicant bank issued a legal notice dated 08.05.2023 for called upon the defendants to repay the outstanding dues within 7 days of receipt of legal notice, failing which the applicant bank shall be constrained to take appropriate legal steps. Despite issuance of the notice, the defendants failed to pay the due amount to the applicant bank, therefore, Applicant Bank has filed this original application for recovery of its dues against the Defendants.

¶23

Summons were issued to the Defendants on 01.08.2024, but the applicant bank failed to serve the notices DASTI to the defendants, therefore, again on 28.02.2025 the notices were re-issued to the defendants, but bank officials failed to serve the same. The Tribunal vide order dated 07.07.2025 the prayer of the counsel for the applicant bank for issuance of notices through Court Commissioner was allowed subject to cost. Despite issuance of notices through Court Commissioner and Court Commissioner’s report is filed. The Court Commissioner is present on VC today. He submits that on 12.09.2025, the borrowers were at home, but his uncle shouted on Court Commissioner and did not permit him to paste the notices. Therefore the notices are deemed served and for misbehaving with the Court

¶24

*Signed and uploaded on 15.04.2026

¶25

¶26

OA No. 1567 of 2023

¶27

Commissioner, the bank is directed to lodge an F.I.R. in the concerned police station.

¶28

Heard arguments and perused the record.

¶29

As stated supra, the Applicant Bank filed the evidence affidavit of Sh. Naveen Sharma coupled with the recitals in the documents, viz Exhibit A/1 to A/14 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶30

In the result, this O.A. No. 1567 OF 2023 is allowed declaring that:-

¶31

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 20,04,349/- (Rupees Twenty Lac Four Thousand Three Hundred Forty Nine Only) with interest @ 9.25% p.a. from 30.11.2023 till the date of realization.

¶32

b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets as well as from the personal movable and immovable properties/assets of Defendants. The

¶33

*Signed and uploaded on 15.04.2026

¶34

¶35

OA No. 1567 of 2023

¶36

applicant bank is entitled to proceed against the same towards recovery of its debt.

¶37

c) The applicant bank is entitled to the costs of the O.A.

¶38

The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶39

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.05.2026 .

¶40

Prepare Recovery Certificate accordingly.

¶41

10.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

¶42

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶43

Order pronounced in the open court today i.e. 07.04.2026.

¶44

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶45

*Signed and uploaded on 15.04.2026

¶46

¶47

OA No. 1567 of 2023

¶48

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

¶49

PRESIDING OFFICER

¶50

O.A. NO. 1567 OF 2023

¶51

DATE OF DELIVERY OF ORDER 07.04.2026

¶52

RECOVERY CERTIFICATE

¶53

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

¶54

¶55

…..Applicant Bank…..

¶56

VERSUS

¶57

1. Shri Mohan Ram Choudhary son of Gokul Ram Choudhary resident of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan-342027.

¶58

*Signed and uploaded on 15.04.2026

¶59

¶60

OA No. 1567 of 2023

¶61

2. Smt. Indra Devi wife of Mohan Ram Choudhary, resident of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan342027.

¶62

……Defendants…..

¶63

Recovery Certificate for Rs.20,04,349/-

¶64

In terms of final order dated 07.04.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶65

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 20,04,349/- (Rupees Twenty Lac Four Thousand Three Hundred Forty Nine only) with interest @ 9.25% p.a. from 30.11.2023 till the date of realization.

¶66

b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶67

c) The applicant bank is entitled to the costs of the O.A.

¶68

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 29.05.2026.

¶69

*Signed and uploaded on 15.04.2026

¶70

¶71

OA No. 1567 of 2023

¶72

The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

¶73

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶74

*Signed and uploaded on 15.04.2026

¶75

¶76

OA No. 1567 of 2023

¶77

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶78

PRESENT- SHRI VIMAL GUPTA

¶79

PRESIDING OFFICER

¶80

O.A. NO. 1567 OF 2023

¶81

DATE OF DELIVERY OF ORDER 07.04.2026

¶82

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Shri Mohan Ram Choudhary son of Gokul Ram Choudhary resident of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan-342027.

¶88

*Signed and uploaded on 15.04.2026

¶89

¶90

OA No. 1567 of 2023

¶91

2. Smt. Indra Devi wife of Mohan Ram Choudhary, resident

¶92

of Mortuka Post Lolawas, Maretuka, Jodhpur, Rajasthan342027.

¶93

……Defendants…..

¶94

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	23,005.00
2	Process Fee (Inc. Publication)	134.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	10,000
5.	Miscellaneous Charges	NIL
	Total	34,389.00

¶95

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶96

*Signed and uploaded on 15.04.2026

¶97

¶98

OA No. 1567 of 2023

¶99

Date:- 07.04.2026

¶100

Counsel:

¶101

Sh. Bhoop Singh Gurjar, Counsel for Applicant Bank None for the Defendants

¶102

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

¶103

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶104

*Signed and uploaded on 15.04.2026

¶105

¶106

OA No. 1567 of 2023

¶107

Date:- 07.04.2026

¶108

Counsel:

¶109

Sh. Bhoop Singh Gurjar, Counsel for Applicant Bank None for the Defendants

¶110

The Tribunal vide order dated 07.04.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

¶111

The Registrar vide order dated 07.04.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶112

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶113

*Signed and uploaded on 15.04.2026

Axis Bank v. Mohan Ram

Case brief

What is this about?

What did the court decide?

Axis Bank v. Mohan Ram

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 versus Ms Singhal Trading Company

Daniel Raju Alamanda Phillips versus Housing Development Finance Corporation Limited

Shivraj Choudhary versus Au Small Finance Bank Limited

Mr Mohit Kumar Bumb versus Hdfc Bank

Ms Sparckle Laundromat Pvt. Ltd. versus Small Industries Development Bank of India

Leela Mehrat versus Punjab and Sind Bank