HDFC BANK vs SAFE N FRESH GOODS on 20 June 2025

FINAL ORDER

This original application has been filed by the applicant bank, on 07.05.201g through Ms. Sampurna Gupta, Deputy Manager of the applicant bank, under Section 19 ofthe RDB Act, 1993 against the defendants for recovery of a sum of Rs.59,19,977.10 together with cost, charges and pendentellite and future interest @ l8o/o p.a. from date of filing of this O.A. tiil the realization in full.

2. The brief facts of the case are that at the request of the defendant nos.l & 2, the applicant bank sanctioned a Vehicle Loan Facility for purchase of commercial vehicles. i.e., (1). In Loan Account No. 82355925 of Rs.t4,70,000/- for Vehicle Model No 412518, Engine No. GTE2426331 and Chassis No. '},

MBlCTCFDlGEI\N7432. (2). In Loan Amount No. 82355927 of Rs.14,70,000/_ for Modet No. A12518, Engine No. G-tE2426t27 and Chassis No. MB1CTCFDXGETW7431. (3). In Loan Amount No. 82722867 of Rs.14,70,000/_ for Modet No. 412518, Engine No. G-TE2426607 and Chassis No. MB1CTCFD3GEI\N7433. (4). In Loan Amount No. 82355933 of Rs.7,50,000/- for Modet No. REFREGERATED CONTAINE R VAN. (5). In Loan Amount No. 82355937 of Rs.7,50,000/_ for Model No. REFREGERATED CONTAINE R VAN. (6). In Loan Amount No. 82355940 of Rs.7,50,000/_ for Model No. REFREGERATED CONTAINE R VAN. The defendants executed agreement for loan dated 20.12.2016 and guarantee whereby above loans were granted in favour of the defendant nos.l and 2. The defendant no.3, stood as guarantors for the above loans for defendant nos.l and 2 as mentioned above. The defendants to secure repayment of aforesaid loans with interest and other charges as mentioned in the said loan agreement, hypothecated the aforesaid vehicles.

3. It is further submitted that the defendants enjoyed and utilized the Loan facility, 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. Therefore, the applicant bank served a legal notice dated 23.02.201g to the defendants demanding the amount du19ryn that date, but failed <A

to recover the same. Thus, the present O.Afl-A is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, defendants failed to put appearance at all, despite service. Accordingly, defendants were 01.04.2025. proceeded against exparte on

5. The applicant bank has filed evidence by way of affidavit of Shri. Deepak Kumar, Deputy Manager of the applicant bank as Annexure -1 to Annexure -6 along with the O.A which have gone unchallenged and un- rebutted. Hence, the case of the applicant bank stands fully established against the defendants with respect to nonpayment of EMI/ outstanding amount.

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The evidence and documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and documents and there is no question of disbelieving the evidence and documents filed by the applicant bank based upon the written/printed documents. In the light of the above discussions, the present T.A. deserves to be allowed. -^'/ 4"r

ORDER

1) I hereby allow this T.A. of the Applicant Bank and direct the defendant nos. 1 to 3 to pay jointly and severely to the applicant bank within 30 days from today, a sum of Rs.59,19,977.10 along with cost, expenses and interest @ 9.50% from the date of filing of this O.A. which has become TA till the date of realization.

2) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of the hypothecated vehicles bearing no i.e., (1). Vehicle Model No AL251g, Engine No. GfEZ42633t and Chassis No. MB1CTCFD1GET\N743Z. (2). Vehicte Modet No. A12518, Engine No. GTEZ426L27 and Chassis No. MBlCTCFDXGETW7431. (3). Vehicte Modet No. A12518, Engine No. GTE2426607 and Chassis No. MB1CTCFD3GETW7433. (4). Vehicte Modet No. REFREGERATED CONTAINE R VAN. (5). Vehicte Modet No. REFREGERATED CONTAINE R VAN. (6). Vehicte Model No. REFREGERATED CONTAINE R VAN. In case of short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos. 1to 3.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi.

4) The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the parties. -*'1

5) Parties are direct to appear before the Ld. Recovery Officer, DRT-II, Delhi on 20.0g.2025. pending IAs, if any, stand disposed of. File be consigned to records.

Date : 20.06.2025 SA (susHrL ruMnn-nnsrocr) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. s) Date : 20.06.2025 (susH r L KU M-AR nnsibbrl PRESIDING OFFICER DRT-II, Delhi