Delhi District Court
Bank Of Baroda vs Arif Khan on 9 May, 2025
AJAY Digitally signed by
AJAY PANDEY
PANDEY Date: 2025.05.09
13:32:39 +0530
IN THE COURT OF SH. AJAY PANDEY
DISTRICT JUDGE (COMMERCIAL COURT-10) CENTRAL,
TIS HAZARI COURTS, DELHI
CS Comm 1247/2023
Bank of Baroda
BO Burari
New Delhi-110084 ...........Plaintiff
Vs
1.Sh.Arif Khan S/o Sh. Abdul Rahim Khan
2.Sh. Abdul Rahim Khan Both resident of Quarter No.A-38, Police Colony, Garhi Mendu, Bhajanpura, Seelampur, Delhi-110053 ..........Defendants Date of Institution : 19.09.2023 Date of Arguments : 29.04.2025 Date of Judgment : 09.05.2025 Ex-PARTE JUDGMENT:
SUIT FOR RECOVERY OF Rs.3,62,795/- (RUPEES THREE LAKHS SIXTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE ONLY) ALONG WITH FUTURE AND PENDENTILITE INTEREST @ 11.05% PER ANNUM AND COSTS, EXPENSES AND COURT FEES OF RS. 5910/-.
1. The present suit for recovery has been filed by plaintiff bank through its authorized representative Sh.
Chetan, Branch Head for recovery of Rs.3,62,795/- (RUPEES THREE LAKHS SIXTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE ONLY) along with pendente lite and future interest @ 11.05% per annum and costs, expenses and court fees against Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 1 of 6 AJAY Digitally signed by AJAY PANDEY PANDEY Date: 2025.05.09 13:32:56 +0530 defendant stating inter-alia that defendant That the Defendants requested Plaintiff Bank for Education Loan to the tune of Rs. 7.5 Lakhs for pursuing BDS Course from I.P. University through Loan Application dated 15/06/2016. The Plaintiff Bank sanctioned loan amount of Rs-7.5 Lakhs under Dena Vidyalaxmi Education Loan Scheme on 20/08/2016. After, execution of relevant documents by Defendants in favour of Plaintiff Bank on 20/08/2016 and opened Loan Account No- 33150600000625 but only Rs.2.5 Lakhs of loan was availed by the Defendants. That the Plaintiff disbursed Education Loan amount of Rs. 2.5/- Lakhs to the Defendants. After availing Education Loan under Dena Vidyalaxmi Education Loan Scheme from the Plaintiff Bank, the Defendants never followed the terms and conditions of the Loan Agreement. Keeping in view, the unsatisfactory conduct in the account and non-co- operations of the Defendants, the loan account was put in the category of N.P.A. (Non-performing Asset) on 21/06/2021. As per statement of account maintained by plaintiff bank, the amount due till 21/08/2023 comes to Rs.3,62,795/-. Plaintiff Bank contacted the Defendants several times by sending demand letters on different dates and had telephonic talk but Defendants failed to repay the due amount. Thereafter, the Plaintiff Bank through its Counsel sent and served a Legal Notice to the Defendants on 16/09/2022.
Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 2 of 6 AJAY Digitally signed by AJAY PANDEY PANDEY Date: 2025.05.09 13:33:10 +0530
2. Thereafter, Plaintiff initiated pre-litigation mediation under Section 12A of Commercial Courts Act and 'Certificate of Non-Starter Report' dated 27.01.2023 was issued to plaintiff. Hence, the suit for recovery of amount of Rs.3,62,795/- (RUPEES THREE LAKHS SIXTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE ONLY) along with pendente lite and future interest @ 11.05% per annum and costs, expenses and court fees.
3. Suit was filed under the Commercial Courts Act duly supported by statement of truth.
4. Summons of suit were issued to defendant.
However, defendants could not be served through ordinary process. Thereafter, an application under Order V Rule 20 CPC was moved on behalf of plaintiff. Vide order dated 25.07.2024, the said application was allowed and defendants were served by way of publication in newspaper 'Veer Arjun' dated 18.08.2024. However, neither defendants appeared, nor any written statement was filed. Vide Order dated 07.11.2024, defendants were proceeded ex-parte.
5. In support of petition, evidence by way of affidavit of PW-1 AR Sh. Chetan was filed. In his testimony, he proved following documents: -
(i)Ex.PW1/1 is the Authority Letter dated 30.05.2023.
(ii)Ex.PW1/2(colly) (OSR)is the Loan Application Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 3 of 6 AJAY Digitally signed by AJAY PANDEY PANDEY Date: 2025.05.09 13:33:18 +0530 dated 15.06.2016.
(iii)Ex.PW1/3 (OSR) is the sanction letter dated 20.08.2016.
(iv)Ex.PW1/4 (OSR) is Demand Promissory Note dated 20.08.2016.
(v)Ex.PW1/5 (OSR) is General Undertaking dated 20.08.2016.
(vi)Ex.PW1/6 (OSR) is Consent Letter by the Borrowers dated 20.08.2016.
(vii)Ex.PW1/7(OSR) is Dena Vidyalaxmi Loan Agreement.
(viii)Ex.PW1/8 (OSR) is Letter of General Lien and Set Off from Borrowers.
(ix)Ex.PW1/9(OSR) is Undertaking cum Declaration dated 20.08.2016.
(x)Ex.PW1/10(OSR) is College Allotment Letter.
(xi)Ex.PW1/11 (OSR) is the Fee Structure of Dental College dated 01.09.2015 and 14.06.2016.
(xii)Ex.PW1/12 (OSR) is the Letter written by defendant no.2 for sanction of loan.
(xiii)Ex.PW1/13(OSR) colly. is Letter of Acknowledgement of Debt.
(xiv)Mark A, B, C and D are photocopy of PAN Card, Aadhaar Card of the defendant no.1, Voter ID Card and Delhi Police Identity Card of defendant no.2.
(xv)Ex.PW1/14 is statement of account.
Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 4 of 6 Digitally signed by AJAY AJAY PANDEY PANDEY Date: 2025.05.09 13:33:28 +0530 (xvi)Ex.PW1/15 is the Certificate under Section 65B of Indian Evidence Act.
6. Vide Order dated 29.04.2025, application under Order VI Rule 17 CPC for amendment of pleadings was allowed to incorporate pleadings about initiating pre- litigation mediation. Amended plaint was taken on record. Additional evidence by way of affidavit was filed on behalf of plaintiff. PW1 Sh. Chetan was again examined and discharged.
7. Arguments on behalf of plaintiff were addressed by Learned Advocate for plaintiff.
8. The court has considered arguments addressed on behalf of plaintiff and has gone through the material and evidence available on record.
9. The plaintiff has categorically stated that the defendants approached the plaintiff bank for availing education loan under Dena Vidyalaxmi Education Loan Scheme through Loan Application Form Ex.PW1/2 colly., the amount in sum of Rs.2.5 lacs was sanctioned in favour of defendants via sanctioned letter dated 20.08.2026 Ex.PW1/3. The plaintiff has proved all the relevant documents including the Loan Application Form Ex.PW1/2, Sanction Letter Ex.PW1/3, Demand Promissory Note Ex.PW1/4, General Undertaking Ex.PW1/5, Consent Letter Ex.PW1/6, Letter of General Lien and Set Off from Borrowers Ex.PW1/8, College Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 5 of 6 Allotment Letter Ex.PW1/10, letter written by defendant no.2 for sanction of loan Ex.PW1/12 and Letter of acknowledgment of Debt Ex.PW1/13. Plaintiff has also proved statement of accounts Ex.PW1/14. The testimony of the plaintiff that defendants have failed to make the complete payment due to plaintiff, has remained unrebutted.
10. Hence, suit of the plaintiff is decreed with costs for a sum of Rs.3,62,795/- (RUPEES THREE LAKHS SIXTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE ONLY) along with pendente lite and future interest @ 08 % per annum. The payment of any amount, if made by the defendants after filing of the suit and before passing this judgment, be adjusted towards the balance installments of loan if the payment is made prior to expiry of the initially agreed term (tenure) of loan and towards the principle outstanding amount on the date of payment, if the payment is made after expiry of the initially agreed term (tenure) of loan.
11. Decree sheet be drawn accordingly.
12. File be consigned to record room.
Digitally signedAnnounced in the open court AJAY by AJAY PANDEY th on the 9 day of May, 2025 PANDEY Date: 2025.05.09 13:33:43 +0530 (Ajay Pandey) District Judge (Commercial Court-10) Central, Tis Hazari Courts,Delhi Bank of Baroda Vs. Arif Khan & Anr. CS Comm No. 1247/2023 Page no. 6 of 6