STATE BANK OF INDIA vs SMT. VIMLESH DEVI on 7 March 2026

FINAL ORDER

This original application has been filed by the applicant bank before Delhi on 07.09.2019 & then transferred to DRT-I Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of a sum of Rs.32,76,648.90 (Rupees Thirty Two Lacs Seventy Six Thousand Six Hundred Forty Eight and paisa Ninety only) as on 20.08.2019 along with pendentelite and future interest @15% per annum with monthly rests from 21.08.2019 till the date of realization with costs.

2. The brief facts of the case that on the request of defendant vide loan applications dated 06.01.2014 & 23.06.2014, the applicant bank sanctioned Two Term Loans (Car loan) for a sum of Rs.7,50,000/- and Rs.15,00,000/- respectively on 09.01.2014 & 25.06.2014 @10.55% per annum and @10.45% per annum in order to purchase New Scala Diesel RXL with dual Airvax Renault car and BMW XI-20 D EXP E84 car against hypothecation.

3. In order to avail both the car loan facilities, the defendant submitted loan applications dated 06.01.2014 and 23.06.2014 and executed Letters of Arrangements, Proforma invoices, Revival Letters, Loan cum-Hypothecation Agreements, Letter offering 6 Post-dated cheques, Quotation, Retail invoice in favour of the applicant bank on 09.01.2014 and 25.06.2014.

4. That in order to secure the car loan facilities, the defendant hypothecated the Scala Diesel XRXL with Dual Airbags Renault car bearing Registration no.DL-13C-7131, having Chassis no. MEEAHBA41DA010496 & Engine no. E039167 and BMW XI-20 D EXP E84 car bearing Registration nb.DL-1TAP-8101, Chassis no. WBAVN97050W11592 & Engine no.73208473 in favour of applicant bank.

5. It has been submitted by the applicant bank that after availing the car loan facilities, the defendant failed to comply with the terms and conditions of sanction and failed to deposit monthly installments / interest and failed to regularize the accounts with the applicant bank. Ultimately, the applicant bank classified both the accounts as NPA on 01.11.2014 and issued legal notice dated 06.11.2018 but defendant failed to regularize the account, hence the applicant bank has approached this Tribunal for recovery of their dues.

6. Notices of this O.A. were issued to the defendant and despite of proper service, the defendant has chosen to absent from the proceedings. As per order dated 22.07.2025, the defendant has been proceeded ex-parte as they have not appeared before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendant.

7. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Giriraj Kishore Sharma, authorized representative of the applicant bank who has proved the documents such as Loan Applications, Letter of Arrangement, Proforma Invoices, Revival Letter, Loan-cum- Hypothecation Agreement, Letter offering 6 Post dated cheques, Quotation, Retail Invoice, Legal Notice, Certified Statement of Account under Banker's Books Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/12(Colly).

8. 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 approved. :•

9. 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.

10. 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, a sum of Rs.32,76,648.90 (Rupees Thirty Two Lacs Seventy Six Thousand Six Hundred Forty Eight and Paisa ninety only) as on 20.08.2019 alongwith pendentelite and future interest @15% per annum with monthly rests from 21.08.2019 till the date of realization and costs; failing which the aforesaid amount shall be recovered from the sale of hypothecated: i) Renault Car Scala Diesel XRXL with Dual Airbags having Registration no.DL13C7131, Chassis no. MEEAHBA41DA010496 & Engine no. E039167 and;

ii) BMW XI-20 D EXP E84 car having Registration no. DL- 1TAP-8101, Chassis no. WBAVN97050W11592 & Engine no.73208473. 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 06.05.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI (Dictated and pronounced in open court) Dated: 07.03.2026