Allowed

Oriental Bank of Commerce v. Shri Pranav Chandra Tiwary

DRT27 Mar 2026TA/262/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application under Section 19 of the RDB Act, 1993 filed by a bank to recover educational loan dues. Finding the defendants failed to rebut evidence, the court decreed the claim for the principal amount, costs, and interest, directing recovery from the defendants including legal heirs.

What did the court decide?

Directing defendant respondents to pay the sum of Rs. 10,57,569/- along with cost and interest within 30 days.

Oriental Bank of Commerce versus Shri Pranav… — Contract and Commercial Disputes | DRT (2026)

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Before SUSHIL KUMAR RASTOGI, Presiding Officer Debts Recovery Tribunal-Il, Delhi

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TA No.262 OF 2023

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ORIENTAL BANK OF COMMERCE VS PRANAV CHANDRA TIWARY & ORS

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Reserued on =^27.02.2026 Pronounced on z 27.O3,2026

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Oriental Bank of Commerce

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-Applicant bank

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Vs.

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Shri. Pranav Chandra Tiwary

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Shri. Prashant Chandra Tiwary

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Smt. Vidya Wati T1wary

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Shri. Subhash Chandra Tiwary

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Defendants

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Present: Mr. SA Khan, Counsel appears for applicant bank.

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Defendant nos.1,2,4 and LRs of defendant no.3 are exparte since 13.10.2025.

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FINAL ORDER

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This original application has been filed by the applicant bank, on 03.05.2017 through Sh. Agam Sabharwal, Authorized Representative and Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.10,57,5691- together with cost, charges and pendentellite and future interest @12.tio/o from date of filing of this O.A. till the realization^{in full.}

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The brief facts of the case are that at the request of the defendant nos.1 to 3, the applicant bank sanctioned an Education Loan Facility of Rs.7,50,000/,^{vide sanctionletter dated 29.07.2013.The defendant} nos. 1 to 3 executed all necessary loaning documents

TA NO. 262 of 2023

on 29.07.20L3. The defendant nos.4 stood as guarantor. It is submitted that during the pendency of the O.A, the defendant no.3/Smt. Vidya Wati Tiwary was died and the defendant nos. L,2 and defendant no.4 are the LRs of deceased defendant no.3/ Smt. Vidya Wati Tiwary.

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It is further submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial discipline and failed to repay the due amounts. The applicant bank requested the defendants to regularize the loan account by visits and letters, but there was no response from the defendants. hence the account was classified as NPA on 31.10.2016. Therefore, the applicant bank serued a legal notice dated 07.0L.2017 to the defendants but failed to recover the same. Thus, the^present O.A.fl'.A. is preferred by the applicant bank to recover its dues.

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On notice by this Tribunal, defendants^put appearance through counsel and filed^written statement but failed to file evidence. Thereafter,^the defendants failed to^put appearance in the^matter. Accordingly, the defendants were^proceeded against exparte on 13.10.2025.

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The applicant bank has filed documents^{as Paper} No.l to Paper No.60 along with the OA, which^have gone unchallenged and un-rebutted. Hence, the case of the applicant bank stands fully^{established against} the defendants with respect to^nonpaymentof outstanding amount. -r'4

t"\ \

TA NO. 262 of 2023

After perusing the records, this Tribunat is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents filed by the applicant bank based upon the written/printed documents.

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In the light of the above discussions, the present T.A. deserues to be allowed.

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ORDER

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I hereby allow this T.A. of the applicant bank and direct the defendant nos. 1, 2 and defendant no.4 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs. t0,57,569/- along with cost, expenses and interest @ 12.L1o/o from the date of filing of this O.A. which has become T.A till the date of realization. However, the liability of LRs of deceased Smt. Vidya Wati Tiwary/(defendant no.3) is limited to the . extent of property/assets inherited by them from deceased Smt. Vidya Wati Tlwary/ (defendant no.3).

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In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos. t, 2 and defendant no.4.

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Recovery Ceftificate be lssued fofthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi.

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TA NO. 262 of 2023 4

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The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the pafties.

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Pafties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on 27.05.202G.^pending IAs, if dry, stand disposed of.

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File be consigned to records.

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€A

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Date : 27.03.2026

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(SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT.II, De|hi

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This judgement has been signed, dated and

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pronounced in open court.

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Date : 27.03.2026

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(SUSHIL rU-u-nn'ffiOCr) PRESIDING OFFICER DRT-II, Delhi

Oriental Bank of Commerce v. Shri Pranav Chandra Tiwary

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Oriental Bank of Commerce v. Shri Pranav Chandra Tiwary

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