HDFC BANK vs JAGMOHAN YADAV on 15 September 2026

**FINAL ORDER**

This original application has been filed by the applicant bank before DRT-III, Delhi on 03.01.2022 and then transferred to DRT-I, Delhi under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act 1993 against the sd defendants for recovery of a sum of Rs.28,07,930.84 (Rupees Twenty Eight lacs Seven Thousand Nine Hundred Thirty & paisa Eighty Four only) as on 14.12.2021 together with pendentelite and future interest @9.50% from 14.12.2021 till the date of its realization with costs.

2. The brief facts of the case are that at the request of defendant no.1 as proprietor of defendant no.2 vide their loan application dated 19.08.2019 along with necessary documents, the applicant bank sanctioned and disbursed Commercial Vehicle Loan facility for a sum of Rs.26,60,000/- (Rupees Twenty Six lacs Sixty thousand only) @9.50% interest per annum on 14.08.2019 for purchasing Ashok Leyland AL 6/16 LYNX Bus having Registration no. HR-38AA-3055, which was to be repayable in 47 Equated Monthly Installments of Rs.68,000/- w.e.f. 20.09.2019 which was reschedule to be paid in 65 EMIs of Rs.72,094/-. The defendant no.3 stood as guarantor for the vehicle loan facility sanctioned by the applicant bank in favour of defendant no.1.

3. That in order to avail the vehicle loan facility, the defendant no.1 submitted loan application along with relevant documents and executed Agreement for Loan and Guarantee along with Key Fact Statement, Irrevocable Power of Attorney and Disbursement Voucher etc. in favour of applicant bank.

4. That in order to secure the loan facility, the defendant no.1 purchased the vehicle namely Ashok Leyland AL 6/16 LYNX Bus having Registration no. HR-38AA-3055, Chasis No.KEHZ110525 and Chasis No.MB1PEEDD4KAE5014 duly hypothecated in favour of applicant bank.

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5. It has been submitted by the applicant bank that after availing the vehicle loan facility, the defendants failed to comply with the sanction terms and conditions and repay the installments and outstanding dues in time to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 19.10.2021 and issued demand notice dated 17.12.2021 calling upon the defendants to pay the entire outstanding dues but defendants willfully failed and neglected to clear the dues / adjust the account of the applicant bank and hence the applicant bank has approached this Tribunal for recovery of their dues.

6. Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. As per order dated 11.01.2024, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal nor written statement, evidence and affidavit of assets have been filed.

7. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Abhijit Raj, authorized representative of the applicant bank who has proved the documents such as Board Resolution Exhibit AW1/1, Loan Application of Defendant no.1 Exhibit AW1/2, Loan Application of Defendant no.3 Exhibit AW1/3 along with PAN Card, Aadhar Card, Driving License etc. Mark-A to Mark-C, Terms & Conditions and Key Fact Statement Exhibit AW1/4(Colly), Power of Attorney Exhibit AW1/5, Disbursement Voucher Exhibit AW1/6, Statement of Account Exhibit AW1/7, Foreclosure Report Exhibit AW1/8, Loan Recall Notice Exhibit AW1/9, Postal Receipts Exhibit AW1/10, Tracking Report & Returned Envelopes Exhibit AW1/11(Colly), Certificates under *S.A.*

Section 65-B of Indian Evidence Act and Certificate under Section 2A of Banker Books Evidence Act marked as Ex.AW-1/12 and Ex.AW-1/13

8. 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.

9. In the light of the above discussions, the Original Application deserves to be allowed.

ORDER

I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.28,07,930.84 (Rupees Twenty Eight lacs Seven Thousand Nine Hundred Thirty & paisa Eighty Four only) as on 14.12.2021 together with pendentelite and future interest @9.50% per annum with monthly rest from 14.12.2021 till the date of realization, failing which the aforesaid amount shall be recovered from the sale of Ashok Leyland AL 6/16 LYNX Bus having Registration no. HR-38AA-3055, Chasis No. KEHZ110525 and Chasis No.MB1PEEDD4KAE5014. In case of shortfall, remaining amount be recovered through sale of movable and immovable properties of the defendants.

(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 13.11.2026.

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

*Sd - 15.09.2026* **(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 15.09.2026