Allowed

Bank of Baroda v. Ashok

DRT11 Jun 2026OA/473/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Bank of Baroda to recover Rs. 52,35,578/- against a borrower who defaulted on an auto loan. The court held the borrowers liable for the principal, pendent lite, and future interest, and directed the issuance of a recovery certificate to enforce payment from hypothecated and other assets.

What did the court decide?

Defendants held jointly and severally liable to pay Rs. 52,35,578/- with pendente lite and future interest; Recovery Certificate issued to recover amount from sale of hypothecated assets and propertie

Bank of Baroda versus Ashok — Contract and Commercial Disputes | DRT (2026)

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“ORIGINAL APPLICATION” No. 473 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 473 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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BANK OF BARODA , A Banking Company, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 having Head Office at Bank of Baroda, Baroda Bhavan, Alkapuri, R.C. Dutt Road, Vadodara- 390007 & one of its Branch Office is at Vaishali Nagar Branch, Plot No. 3, MTS Tower Block A, Amrapali Circle, Vaishali Nagar, Jaipur, Rajasthan- 302021 through its constituted Power of Attorney Holder.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Ashok Kumar S/o Mr. Radhe Shyam, R/o Plot No. 57 A, Chandra Vatika-B, Gandhi Path West, Maharana Pratap Marg, Vedant School, Jaipur- Rajasthan- 302021.

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……Defendants…..

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Counsel for the Applicant Bank Ms. Anubha Singh Defendants None

OA No. 473 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 15.03.2024 for recovery of outstanding amount of Rs. 52,35,578/- from the Defendants.

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As per the pleadings, Defendant had approached the applicant bank for availing financial assistance for Baroda Auto Loan to purchase BMW 320D Luxury Line.

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After due consideration, the Baroda Auto Loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2022 vide sanction letter dated 04.02.2022 for a total sum of Rs. 45 Lac.

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It is submitted that the Defendant submitted an Invoice issued by Sanghi Classics for BMW 320D Luxury Edition of Rs. 47,59,397/-.

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It is submitted that in order to secure the repayment of the dues of the Applicant Bank in the aforesaid financial facilities the Defendant has hypothecated vehicle BMW.

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It is submitted that Defendant has not deposited the installment regularly as per the terms & conditions of the Loan Agreement before the Applicant Bank and the account of the Defendant became the NPA on 08.02.2023.

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It is submitted that the Applicant Bank has given various reminders to the Defendant to make the repayment of the

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OA No. 473 of 2024

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aforesaid outstanding amount, but the Defendant had always paid deaf ear to the genuine demand of the outstanding amount of the Applicant Bank and the Defendant has not paid the outstanding amount of the Applicant Bank.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 24.04.2024 and summons were re-issued through court commissioner on 05.02.2025.

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The court commissioner filed her report 22.05.2025 and as per her report summons were served through affixation as house of the Defendant Ashok Kumar was locked and neither Defendant nor his family members were available at his residence.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Nitesh Yadav coupled with the recitals in the documents, viz Exhibit A/1 to A/12 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.

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In the result, this O.A. No. 473 of 2024 is allowed declaring that:-

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OA No. 473 of 2024

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 52,35,578/- (Rupees Fifty Two Lac Thirty Five Thousand Five Hundred and Seventy Eight Only) with pendente lite and future interest @ 10% (simple) from 20.02.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets/vehicle and property mentioned in Para 3A of this OA:-

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I. Unit-B-57A, Chandra Vatika, Maharana Pratap Marg, Panchyawala, Jaipur- 302012.

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II. Jewelry in the name of the Ashok Kumar.

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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.

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

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

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15.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 23.07.2026 .

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16.Prepare Recovery Certificate accordingly.

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17.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy

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OA No. 473 of 2024

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of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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

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Order pronounced in the open court today i.e. 11.06.2026 .

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

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OA No. 473 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 473 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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RECOVERY CERTIFICATE

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

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BANK OF BARODA, A Banking Company, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 having Head Office at Bank of Baroda, Baroda Bhavan, Alkapuri, R.C. Dutt Road, Vadodara- 390007 & one of its Branch Office is at Vaishali Nagar Branch, Plot No. 3, MTS Tower Block A, Amrapali Circle, Vaishali Nagar, Jaipur, Rajasthan- 302021 through its constituted Power of Attorney Holder.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Ashok Kumar S/o Mr. Radhe Shyam, R/o Plot No. 57 A, Chandra Vatika-B, Gandhi Path West, Maharana Pratap Marg, Vedant School, Jaipur- Rajasthan- 302021.

……Defendants…..

OA No. 473 of 2024

Recovery Certificate for Rs. 52,35,578/-

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In terms of final order dated 11.06.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 52,35,578/- (Rupees Fifty Two Lac Thirty Five Thousand Five Hundred and Seventy Eight Only) with pendente lite and future interest @ 10% (simple) from 20.02.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets/vehicle and property mentioned in Para 3A of this OA:-

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III. Unit-B-57A, Chandra Vatika, Maharana Pratap Marg, Panchyawala, Jaipur- 302012.

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IV. Jewelry in the name of the Ashok Kumar.

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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.

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

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 23.07.2026 .

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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

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OA No. 473 of 2024

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Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 11.06.2026 .

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

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OA No. 473 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 473 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Mr. Ashok Kumar S/o Mr. Radhe Shyam, R/o Plot No. 57 A, Chandra Vatika-B, Gandhi Path West, Maharana Pratap Marg, Vedant School, Jaipur- Rajasthan- 302021.

……Defendants…..

OA No. 473 of 2024

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	55,000.00
2	Process Fee (Inc. Publication)	96.76
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	66,346.76

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

OA No. 473 of 2024

11.06.2026

Counsel:

Ms. Anubha Singh, Counsel for Applicant Bank None for the Defendants

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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.

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

OA No. 473 of 2024

11.06.2026

Counsel:

Ms. Anubha Singh, Counsel for Applicant Bank None for the Defendants

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The Tribunal vide order dated 11.06.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 11.06.2026 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.

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

Bank of Baroda v. Ashok

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Ashok

Case brief

What is this about?

What did the court decide?

What the court decided

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