STATE BANK OF INDIA vs ANIL KUMAR YADAV on 6 October 2026

**FINAL ORDER**

This original application has been filed by the applicant bank on 09.05.2019 before DRT-III, Delhi and then transferred to DRT-I Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 (as amended up to date) against the *Sd -*

defendant for recovery of a sum of Rs.16,08,057.23/- (Rupees Sixteen lacs Eight thousand Fifty Seven and Paisa Twenty Three only) as on 09.05.2019 along with pendentelite and future interest @8.65% per annum with monthly rest from 09.05.2019 till the date of its realization and costs.

2. The brief facts of the case are that on the request of defendant vide its loan application, the applicant bank sanctioned Car Loan for Rs.14.00 lacs/- (Rupees Fourteen Lacs only), vide Sanction Letter along with Arrangement Letter dated 04.06.2016 @9.60% interest per annum with monthly rests subject to change as per bank's guidelines to be repaid in 84 EMIs of Rs. 23,062/- in order to purchase a car.

3. That in order to avail the car loan facility, the defendant executed and delivered Loan cum Hypothecation Agreement, Sanction Letter and Arrangement Letter along with Terms & Conditions of Loan facility on 04.06.2016 in favor of applicant bank.

4. That in order to secure the loan facility, the applicant bank hypothecated the vehicle Mahindra XUV500 bearing Registration No. DL 8C AN 3565 and Chassis No. MA1YU2WDUG6E15332 on 04.06.2016.

5. It has been submitted by the applicant bank that after availing the loan facility, the defendant failed to comply with the terms and conditions and despite several requests and reminders the defendant failed to pay the outstanding dues and monthly installments in time to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 03.03.2017.

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6. Notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 was issued by applicant bank on 24.11.2018 for Rs.15,69,011.94/- as on 24.11.2018 along with further interest to the defendant to liquidate the dues but defendant neglected to regularize the account. Hence, the applicant Bank was constrained to approach this Tribunal for recovery of dues.

7. Notices of this O.A. were issued to the defendant and despite proper service the defendant has chosen to absent from the proceedings. As per order dated 16.09.2025, the defendant has been proceeded ex-parte as failed to appear before the Tribunal nor written statement, evidence and affidavit of assets have been filed.

8. In order to prove its case, the applicant bank has filed its evidence by filing the copies of the documents such as Gazette for Authorization EX AW1/1, Merger Notification EX AW1/2, Arrangement Letter EX AW1/3, Loan cum Hypothecation Agreement EX AW1/4, Registration Certificate EX AW1/5, Demand Notice under Section 13(2) EX AW1/6, Statement of Account EX AW1/7 and Interest Calculation Sheet EX AW1/8.

9. 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.

10. The case filed by the applicant bank gone unrebuted 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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11. In the light of the above discussions, the Original Application deserves to be allowed.

ORDER

I, allow this OA and direct the defendant to pay to the applicant bank within a period of 30 days, , jointly or severally, a sum of Rs.16,08,057.23/- (Rupees Sixteen lacs Eight thousand Fifty Seven and Paisa Twenty Three only) as on 09.05.2019 along with pendentelite and future interest @8.65% per annum with monthly rest from 09.05.2019 till the date of its realization and costs, failing which the aforesaid amount shall be recovered from the sale of the hypothecated vehicle Mahindra XUV500 bearing Registration No. DL 8C AN 3565 and Chassis No. MA1YU2WDUG6E15332. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendant.

(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 07.12.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

*Sd-* **(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 06.10.2026