Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs ANKIT NAGINBHAI HALPATI on 6 May 2026
1Exh - 6
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
PANKAJ KUMAR UPADHYAY, PRESIDING OFFICER**
**MISCELLANEOUS APPLICATION NO. 33 OF 2026**
**IN**
**O.A. No. 135 of 2022**
**Date of Order: -06.05.2026**
**Bank of Baroda,**
Bank of Baroda, a body corporate established under banking companies (Acquisition and transfer of undertakings) Act 1970 having its Head office at Baroda Bhawan, Alkapuri, R. C. Dutt Road, Baroda in the state of Gujarat and branch office amongst other places at Valsad Branch, M. G. Road, Valsad District Valsad-396001 in the State of Gujarat.
** ...Applicant**
**Versus**
**Mr. Ankit Naginbhai Halpati**
Add: Flat no. 407, Sal sanghrila,
Killa Pardi, At post: Killa
Pardi, Tal. Killa Pardi,
Dist: Valsad.
** ...Defendant**
**Present:**
Ms. Asha Panchal, Ld. Counsel for the Applicant.
None for the Defendant.
1. 1. Ld. Counsel for the Applicants submitted that the present Misc. Application has been filed for modification of the order of Ex-parte Judgment dated 16.01.2026, wherein at the Page No.5 in the operative part of the order at Para-1, the Applicant has been awarded to recover the sum of **Rs.30,84,840.51/-** (Rupees: Thirty Lakhs Eighty-Four Thousand Eight Hundred Forty and fifty-one paisa) from the Defendants. However, the rate of interest inadvertently not awarded along with the recoverable amount. Hence, she
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requested that the order at Para-1 may be modified and the awarded recoverable amount be granted along with the eligible rate of interest.
1. 2. Heard submissions made by the Ld. Counsel for the Applicant. The present Misc. Application has been filed on 31.01.2026 in this Tribunal and placed before the bench on 27.04.2026. The Ex-parte judgment in O.A.No.135/2022 has been pronounced on 16.01.2026. Though the judgment is Ex-parte judgment a notice has been issued on 27.04.2026, returnable on 06.05.2026. Ld. Counsel for the Applicant has filed Service Purshis vide Ex.A/5 along with postal receipt and postal track report.
2. 3. On perusal of the judgment dated 16.01.2026, it is observed that inadvertently rate of interest along with the decretal amount is not there in the order. Although in Para 14 of the Judgment i.e., the concluding para, prior to order, rate of interest is clearly mentioned as @8.35% p.a. by way of simple interest. Hence, this Tribunal is of the view that Para-1 of the operative part at Page No.5 of the judgment is required to be modified.
3. 4. The Para-1 of the existing order reflects as ***"The O.A. 135 of 2022 filed by the Applicant Bank is hereby allowed and the Defendants are directed to pay jointly and severally to the Applicant Bank a sum of Rs.30,84,840.51/- (Rupees: Thirty Lakhs Eighty-Four Thousand Eight Hundred Forty and fifty-one paisa) in respect of credit facility being vehicle loan by way of simple interest with effect from date of filing of suit till realization along with cost of other relief as stated therein."***
ORDER
- • The judgment dated 16.01.2026 in O.A.No.135/2022 at Page No.5 in the operative part Para-1 may be read as ***"The O.A. 135 of 2022 filed by the Applicant Bank is hereby allowed and the Defendants are directed to pay***
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*jointly and severally to the Applicant Bank a sum of Rs.30,84,840.51/- (Rupees: Thirty Lakhs Eighty-Four Thousand Eight Hundred Forty and fifty-one paisa) in respect of credit facility being vehicle loan by way of simple interest @8.35% with effect from date of filing of suit till realization along with cost of other relief as stated therein."*
- • Accordingly, M.A.No.33/2026 is disposed of File be consigned to record.
**(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD**
Saloni
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