Debts Recovery Tribunals and Appellate Tribunals

UNION BANK OF INDIA vs SURENDER CHAUHAN on 2 November 2026

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**Debts Recovery Tribunal-I, Delhi

4<sup>th</sup> floor, Jeevan Tara Building, Parliament Street, New Delhi**

**Presiding Officer: Shri Govind Ballabh Sharma**

**T.A. No. 809 of 2022**

Union Bank of India

29, Satnam Park,

Shaheed Bhagat Singh Marg

Chander Nagar, Delhi-110051

Applicant

**Versus**

1. Shri Surender Chauhan s/o Sh. Inder Chauhan R/o H-3/13, 2<sup>nd</sup> Floor, Krishna Nagar, Delhi-110051

2. Smr. Ritu Chauhan w/o Shri Surender Chauhan R/o H-3/13, 2<sup>nd</sup> Floor, Krishna Nagar, Delhi-110051

Defendants

Present: Sh. Ambuj Tiwari, Counsel for the applicant bank Date of Reserve: 06.10.2026

Date of Pronouncement: 02.11.2026

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**FINAL ORDER**

This original application has been filed by the applicant bank on 25.10.2018 before DRT-II Delhi and then transferred to DRT-I Delhi under section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.12,31,135/- (Rupees Twelve Lacs Thirty One Thousand One Hundred Thirty Five only) as on 31.08.2018 along with pendentelite and future interest @10.70% from 31.08.2018 with monthly rests till the date *sd-*

of realization and costs. Further, the name of Sh.Anurag Sharma was substituted as new authorized representative in place of erstwhile ARs of the applicant bank.

2. The brief facts of the case are that at the request of defendant no.1 vide loan application dated 23.01.2018 along with related documents, applicant bank sanctioned Car Loan facility of Rs.11,90,000/- (Rupees Eleven Lacs Ninety Thousand only) on 24.01.2018 @8.70% floating interest in order to purchase new Hyundai Creta 1.4 CRDI Car to be repayable in 84 EMI of Rs.18,965/- against hypothecation. The defendant no.2 stood as guarantor for the car loan facility sanctioned by applicant bank in favour of defendant no.1.

3. That in order to avail the said car loan facility, the defendants executed Hypothecation of Vehicle Agreement (SD-10), Demand Promissory Note (SD-21G), Agreement on Rate of Interest (SD-24), Letter of Guarantee (SD-01) on 24.01.2018 in favour of applicant bank.

4. It has been submitted by the applicant bank that in order to secure the car loan facility, the defendant no.1 hypothecated the Hyundai Creta 1.4 CRDI Car bearing Registration No.DL-5CP-5614 in favour of the applicant bank.

5. It has been submitted by the applicant bank that after availing the aforesaid loan facility, the defendant failed to comply with the terms and conditions and despite request letter and reminders. The defendants did not pay the outstanding monthly installments in time, hence the applicant bank declared the account as Non-Performing Asset on 29.06.2018 and issued demand notice dated Sd-

05.10.2018 but defendants gave no reply nor any response, 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 of proper service the defendants have chosen to absent from the proceedings. As per order dated 06.10.2026, the defendants have been proceeded ex-parte as have not appeared before the Tribunal and written statement, evidence and affidavit of assets have not been filed on behalf of the defendants.

7. In order to prove its case, the applicant bank has filed its evidence by submitting the original/copy of documents as Power of Attorney Annexure A-1, Loan Application Form and Sanction Letter Annexure A-2 to A-3, Loan Documents Annexure A-4 to A-7, Copy of Retail Invoice of Car Annexure A-8, NPA Certificate Annexure A-9, Demand Notice with Postal Receipts Annexure A-10, Certified copies of Statement of Account Annexure A-11, Certificate of Bankers' Books Evidence Act Annexure A-12.

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 proved.

9. The case filed by the applicant bank gone unrebuted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts Sd-

10. In the light of the above discussions and documents on record, 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.12,31,135/- (Rupees Twelve Lacs Thirty One Thousand One Hundred Thirty Five only) as on 31.08.2018 together with pendentelite and future interest @10.70% per annum with monthly interest from 01.09.2018 with costs, failing which the aforesaid amount shall be recovered from sale of Hyundai Creta 1.4 CRDI Car bearing Registration Number DL-5CP-5614 and in case of default the same shall be recovered from the sale of movable and immovable assets of the defendants.

(II) The recovery certificate be issued forthwith and be sent the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 04.01.2027.

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

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

(Dictated and pronounced in open court) Dated: 02.11.2026

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