CENTRAL BANK OF INDIA vs Mr. Abhijin Asher on 13 June 2025

FINAL ORDER

This original application has been filed by the applicant bank, on t2.O2.2}l6through Mr. Kan Singh, Chief Manager, duly constituted attorney of the applicant bank, under Section 19 of the RDB Act, 1993 against the sole defendant for recovery of a sum of Rs.29,21,5371- together with cost, charges and pendentellite and future interest thereon at the rate of base rate + 0.5olo per annum with the bank or such other rated as may be prescribed by the applicant bank from time to time till payment or from date of filing of this O.A. tillthe realization in full.

2. The brief facts of the case are that the request of sole defendant, the applicant bank sanctioned an Education Loan of Rs.19,13,000/- for the purpose of tuition fee and living expenses for pursuing PGPIM (MBA) from MDI Gurgaon, vide san$ioned letter dated e"\

TA NO. 1854/2022 2 13.08.2011. The sole defendant executed all necessary loaning documents on 13.08.2011. The applicant bank on instruction of defendant from time to time transferred the amount in favour of defendanV institution directed by the defendant. The applicant by the end of 27.01.20L2 transferred total an amount of Rs.19,13,000/- to the defendant or the institution of defendant, on the instruction of defendant.

3. It is further submitted that the sole defendant 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 sole defendant to regularize the loan account by visits and letters, but there was no response from the sole defendant, hence the account was classified as NPA on 29.10.2015. Therefore. the applicant bank served a legal notice dated 19.11.2015 to the sole defendant but failed to recover the same Thus, the present O.A|IA is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, the sole defendant put appearance through counsel but failed to file written statement and the right to file written statement of sole defendant was closed vide order dated 17.12.2018.

5. The applicant bank has filed evidence by way of affidavit of Sh. Ram Krishan, Branch Head of the applicant bank as Annexure A-1 to Annexure A-15 along with the OA which have gone unchallenged and un-rebutted. Hence, the case -ol, the applicant bank g"\

TA NO. 185412022 3 stands fully established against the sole defendant with respect to non-payment 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 lead by the applicant bank not rebutted by the sole defendant by not placing any evidence and there is no question of disbelieving the evidence lead by the applicant bank based upon the written/printed documents. In the light of the above discussions, the present TA deserues to be allowed.

ORDER

1) I hereby allow this T.A. of the Applicant Bank and direct the sole defendant to pay to the applicant bank within 30 days from today, a sum of Rs.29,2L,5371' along with cost, expenses and interest @10o/o from the date of flling 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 personal movable and immovable assets of the sole defendant. I d.

TANO. t854t2022 4

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 pafties.

5) Parties are direct to appear before the Ld. Recovery Officer, DRT-II, Delhi on 13.08.2025. Pending IAs, if any, stand disposed of. File be consigned to records. Date: 13.06.2025 SA (susHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. Date :13.06.2025

9. \ (susHrL KUMtrRRASToGI) PRESIDING OFFICER DRT-II, DCIhi