Allowed

Hdfc Bank v. Ms Kanishka

DRT5 Sept 2026OA/917/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by HDFC Bank Limited for recovery of a loan of Rs. 20.64 lakhs. The defendant failed to appear or file a written statement. The court directed the defendant to pay the principal, interest, and costs or face recovery via sale of the hypothecated car and other assets.

What did the court decide?

Defendant directed to pay Rs. 20,64,540.33 with interest and costs within 30 days or suffer recovery of the amount from the sale of the hypothecated car and other assets.

Hdfc Bank versus Ms Kanishka — Contract and Commercial Disputes | DRT (2026)

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O.A. No.917 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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O.A. No. 917 of 2022

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HDFC Bank Limited

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Plot No.31, Najafgarh Industrial Area, Tower A, Ist Floor, Shivaji Marg, Moti Nagar New Delhi-110015

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Applicant

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Versus

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Ms Kanishka Kumar d/o Rajeev Bedi H.No.23, GF Pocket 5, Sector-35, Rohini, North West Delhi-110085

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Defendant

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Present: Ms Shreya Singh, Counsel for the applicant bank

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Date of Reserve: 18.08.2026

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Date of Pronouncement: 05.09.2026

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FINAL ORDER

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This original application has been filed by the applicant bank on 19.10.2022 through Shri Arvind Singh, Authorized representative of the applicant bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of a sum of Rs.20,64,540.33 (Rupees Twenty lacs Sixty Four thousand Five hundred Forty and paisa Thirty Three only) as on 27.09.2022 along with pendentelite and future interest @7.85% per annum with monthly rest from 27.09.2022 till the date of realization and costs.

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The brief facts of the case are that at the request of defendant through Net Banking ID and password accepting the

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O.A. No.917 of 2022

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terms and conditions by filling Online application form dated 21.05.2021 for Auto Loan, the applicant bank sanctioned Car Loan facility of Rs.18,32,400/- @7.85% rate of interest repayable in 84 equated monthly installments of Rs.28,423/commencing from 05.07.2021 for purchasing Creta 1.5 SX 0 CRDI MT BSVI Car.

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That in order to avail the auto loan facility, the defendant executed Online Loan application Form dated 21.05.2021 and Auto Loan Agreement dated 21.05.2021 accepting the terms and conditions with the applicant bank.

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That in order to secure the loan facility, the defendant hypothecated the vehicle Creta 1.5 SX 0 CRDI MT BSVI Car bearing Registration NO.DL11CC-5099, Chasis No.MALPC813LMM175691, Engine No.D4FAMM267676 towards the applicant bank.

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It has been submitted by the applicant bank that after availing the car loan facility, the defendant failed to comply with the terms and conditions despite several request and reminders through post and Emails, failed to pay the outstanding dues and monthly installments in time to the applicant bank. The applicant bank classified the account as NPA on 03.01.2022 and issued loan recall notice dated 28.09.2022 terminated the agreement for repayment of outstanding but defendant failed to clear the outstanding dues. 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 defendant and despite proper service, the defendant has chosen to absent

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O.A. No.917 of 2022

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from the proceedings. As per order dated 09.02.2026, the defendant has 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 defendant.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Arvind Singh, authorized representative of the applicant bank who has proved the documents such as Power of Attorney dated 06.07.2022 Exb.AW1/1(OSR), Online Loan Application form Exb.AW1/2, Loan Agreement & other relevant documents Exb.AW1/3(Colly), Legal Notice of Termination cum demand along with Postal Receipts Exb.AW1/4(Colly), Copy of Foreclosure, Statement of Account and statutory Certificate Exb.AW1/5(Colly).

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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 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 and documents on record, the Original Application deserves to be allowed.

sof-

O.A. No.917 of 2022

ORDER

I, allow this OA and direct the defendant to pay to the applicant bank within a period of 30 days, a sum of Rs.20,64,540.33 (Rupees Twenty lacs Sixty Four thousand Five hundred Forty and paisa Thirty Three only) as on 27.09.2022 along with pendentelite and future interest @7.85% per annum with monthly rests and costs from 27.09.2022, failing which the aforesaid amount shall be recovered from sale of Creta 1.5 SX 0 CRDI MT BSVI Car bearing Registration NO.DL11CC-5099, Chasis No.MALPC813LMM175691, Engine No.D4FAMM267676. In case of shortfall, the same shall be recovered from the sale of movable and immovable assets of the defendant.

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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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(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 04.11.2026.

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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,

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(GOVIND BALLABWSWARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 05.09.2026

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Hdfc Bank v. Ms Kanishka

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Ms Kanishka

Case brief

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What did the court decide?

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