Delhi District Court
Bank Of India vs Alok Kumar on 20 December, 2025
IN THE COURT OF SHRI RAJ KUMAR:
DISTRICT JUDGE, (COMMERCIAL COURT)-01,
DWARKA COURTS (S/W): DELHI.
CS (COMM) NO. 243/2025
ID No. DLSW01-004385-2025
IN THE MATTER OF:
BANK OF INDIA
Through its Authorised Officer
Mohan Garden, Uttam Nagar Branch,
Delhi-110059 ...........PLAINTIFF
Versus
ALOK KUMAR
S/o Onkar Shri Hari Bidwe
R/o: B-39, Second Floor, Block-B,
Near Mother Dairy, Dwarka Sec.8,
South-West District, Delhi-110075
Also at:
R/o C1/81A, C-180A, Plot No. 33C and D Block,
Vinodpuri, Vijay Enclave, New Delhi-110045
Also at:
Shop A-1-132, Shop No. 2, Vijay Enclave,
New Delhi-110045
Mobile no. 8130641612
Email id: [email protected] .....DEFENDANT
Date of Institution : 05.07.2025
Date when the case reserved
for Judgment : 11.12.2025
Date of Judgment : 20.12.2025
Digitally
signed by
RAJ KUMAR
RAJ Date:
KUMAR 2025.12.20
16:04:38
+0530
CS (COMM.) No. 243/2025 Page 1 of 8
Bank of India Vs. Alok Kumar
EX-PARTE JUDGMENT
1.The present suit for recovery of the amount of Rs.11,97,480.65/- (Rupees Eleven Lacs Ninety Seven Thousand Four Hundred Eighty and Paise Sixty Five Only) together with the pendente-lite and future interest has been instituted by the plaintiff against the defendant under the provisions of the Commercial Courts Act.
CASE OF THE PLAINTIFF
2. The facts in brief, necessary for the disposal of the present suit for recovery of the amount of Rs.11,97,480.65/- as disclosed in the plaint are that the plaintiff bank is a body corporate having its one of branch at Mohan Garden, New Delhi-110059. It has been further stated that Mr. Mohammad Azad, Chief Manager of the plaintiff, Jamia Millia Islamia Branch, Delhi is the Authorized Officer of the plaintiff bank, who is duly authorized and empowered to sign, verify and institute the present suit on behalf of the plaintiff bank.
3. The plaintiff, in the plaint, has further stated that the defendant is the borrower of the plaintiff bank, who approached the plaintiff bank for grant of the financial facilities under Star Auto Loan Scheme to purchase a new Four-Wheeler for an amount of Rs.8,10,000/-. It has been further submitted that the defendant had submitted a loan application form dated 26.07.2023 with the plaintiff bank, copy of which has been Digitally signed by RAJ annexed with the plaint. It has been further submitted that the RAJ KUMAR KUMAR Date:
request of the defendant was considered and after examining the 2025.12.20 16:04:43 +0530 CS (COMM.) No. 243/2025 Page 2 of 8 Bank of India Vs. Alok Kumar same, the competent authority of the plaintiff bank sanctioned the loan amount of Rs.8,10,000/- under the Star Auto Loan Scheme vide Sanction Letter dated 27.07.2023, subject to Hypothecation of Vehicle. It has been further submitted that the credit facilities were availed by the defendant by operating upon the account no. 610360510000056 in the name of Mr. Alok Kumar. It has been further stated that the defendant executed various loan documents such as the Loan Agreement cum Hypothecation Deed and the Demand Promissory Note etc. on 27.07.2023 in favour of the plaintiff bank.
4. The plaintiff bank, in the plaint, has alleged that the defendant has failed to abide by the terms and conditions of the loan sanctioned and did not pay even a single penny towards EMI amount. It has been further stated that despite repeated requests by the plaintiff bank through telephonic communication, the defendant did not turn up to pay the overdue amount in the loan account. It has been further stated that the loan account of the defendant was declared as NPA on 28.10.2023.
5. It has been further stated that the officer of the plaintiff bank visited the residential address and shop address of the defendant on 12.10.2023 and 30.10.2023 but he was not available on both the addresses. It has been further stated that the non-
availability of defendant on the available addresses signifies the intention of non-payments of loan amount towards the plaintiff bank due to which the plaintiff bank vide letter dated 24.11.2023 Digitally signed by wrote to the registering authority, District Transport Office, RAJ KUMAR RAJ Date:
KUMAR 2025.12.20 16:04:49 +0530 CS (COMM.) No. 243/2025 Page 3 of 8 Bank of India Vs. Alok Kumar Dwarka to blacklist the Four-Wheeler Hyundai Grand, I10, CNG Sportz Regn. No. DL9CBC4381.
6. It has been further stated that the plaintiff bank issued notice u/s 13(2) of SARFAESI Act, 2002 dated 27.12.2023 to the defendant to repay the outstanding amount of Rs. 8,22,834/- but the defendant has failed to reply the same. It has been further stated that inspite of several requests by the plaintiff bank, when the defendant did not turn up to make the payment of the overdue amount, the plaintiff bank sent a legal notice dated 01.10.2024 to the defendant but despite the service of the legal notice, the loan amount was not repaid. It has been further stated that an amount of Rs.11,97,480.65/- on the date of filing of the suit is due and payable by the defendant. It has been further stated that the matter was submitted for pre-institution mediation but the defendant failed to settle the matter and hence, the present suit.
7. On the basis of above said allegations as contained in the plaint, the plaintiff has prayed for a decree for an amount of Rs.11,97,480.65/- together with the pendente lite and future interest w.e.f 31.03.2025 @ 12 % per annum, compounding monthly from the date of filing of the suit till the date of realization of the decreetal amount. The plaintiff has also prayed for the costs of the suit.
Digitally signed by RAJ DEFENCE OF THE DEFENDANT RAJ KUMAR KUMAR Date:
2025.12.20 16:04:55 +0530 8. Perusal of the record of the case reveals that despite the service of summons for settlement of issues by way of CS (COMM.) No. 243/2025 Page 4 of 8 Bank of India Vs. Alok Kumar publication, none appeared on behalf of the defendant and the right of the defendant to file the Written Statement was closed by this Court and the defendant was proceeded ex-parte vide orders dated 09.10.2025.
ISSUES
9. Perusal of the ordersheet dated 09.10.2025 reveals that this Court framed the following issues in the present matter :
1. Whether the plaintiff is entitled for the recovery of the amount of Rs. 11,97,480.65/- together with interest, as prayed for by the plaintiff in the plaint ? OPP ?
2. Relief EX-PARTE PLAINTIFF'S EVIDENCE
10. In order to prove its case, plaintiff bank has examined its Chief Manager Mr. Mohammad Azad as PW-1 and in his evidence by way of affidavit Ex. PW-1/A, he has reiterated and reaffirmed the stand of the plaintiff as contained in the plaint. He has relied upon the following documents:
1. Copy of Power of Attorney executed in my favour as Ex. PW-1/1 (OSR);
2. The copy of Loan Application Form along with borrower's RAJ KUMAR Digitally signed profile dated 26.07.2023 duly signed by the defendant as by RAJ KUMAR Date: 2025.12.20 16:05:00 +0530 Ex. PW-1/2 (OSR);
3. Copy of Sanction Letter dated 27.07.2023 as Ex. PW-1/3 (OSR);
4. Copy of Loan Agreement cum hypothecation for Vehicle Loan as Ex. PW-1/4 (OSR);CS (COMM.) No. 243/2025 Page 5 of 8
5. Copy of D.P. Note (L-434) as Ex. PW-1/5 (OSR);
6. Copy of Joint Promissory Note (L-435) as Ex. PW-1/6 (OSR);
7. Copy of Installment Letter (L-440) as Ex. PW-1/7 (OSR);
8. Copy of Inspection Reports dated 12.10.2023 and 30.10.2023 as Ex. PW-1/8 (Colly.)(OSR);
9. Copy of letter dated 24.11.2023 along with postal receipts as Ex. PW-1/9 (colly.);
10.Copy of notice u/s 13(2) of SARFAESI Act along with postal and courier receipts dated 27.12.2023 as Ex. PW-1/10 (Colly.)
11.Office copy of Legal notice dated 01.10.2024 along with postal receipts as Ex. PW-1/11 (Colly.)
12.Original Non-Starter Report dated 27.02.2025 as Ex. PW-1/12;
13.Original statement of accused as Ex. PW-1/13 (Colly.)
14.Certificate under Banker's Book Evidence Act and under Section 63 of Bhartiya Sakshya Adhiniyam, 2023 as Ex. PW-1/14 (Colly.)
15.Declaration under Order 11 Rule 6 of the Commercial Courts, Commercial Appellate Division of High Court Act, 2015 in support of Electronic Records as Ex. PW-1/15.
Digitally ARGUMENTS ADDUCED BY THE PLAINTIFF signed by RAJ RAJ KUMAR KUMAR Date:
2025.12.20 16:05:14
11. During the course of arguments, Ld. counsel for the +0530 plaintiff has argued that the plaintiff has been able to prove its case as the testimony of PW-1 remains uncontroverted and unchallenged.CS (COMM.) No. 243/2025 Page 6 of 8
Bank of India Vs. Alok Kumar
12. I have gone through the entire material available on record and heard the submissions of Ld. counsel for the plaintiff.
ANALYSIS AND FINDINGS
13. Issue no. 1 The plaintiff has placed on record the copy of Personal/Auto Fin loan agreement form as Ex. PW-1/2, the copy of sanction letter as Ex. PW-1/3 and copy of Loan Agreement cum hypothecation for Vehicle loan as Ex. PW-1/4 to show that the amount of Rs.8,10,000/- was disbursed as the vehicle loan under Star Auto Loan by the plaintiff in favour of the defendant.
The plaintiff has also placed on record the copy of notice u/s 13(2) of SARFAESI Act as Ex. PW-1/10 and office copy of legal notice as Ex. PW-1/11 to show that the loan amount was not repaid despite the service of the said notices. As per Ex.PW-1/13, which is the statement of the loan account, an amount of Rs.11,97,480.65/- is due and payable by the defendant.
14. As stated hereinabove, the right of the defendant to file the written statement and the defendant was proceeded ex-parte on 09.10.2025. The testimony of PW-1 remains uncontroverted and unchallenged and I do not find any reason to disbelieve the same.
RAJ Digitally signed by RAJ KUMAR As such, I am of the opinion that the plaintiff has been able to KUMAR Date:
prove that it is entitled for an amount of Rs.11,97,480.65/- from 2025.12.20 16:05:19 +0530 the defendant. Issue No. 1, thus, is decided in favour of the plaintiff.CS (COMM.) No. 243/2025 Page 7 of 8
Bank of India Vs. Alok Kumar
15. The plaintiff has claimed the interest @ 12 % per annum, which in the opinion of this Court, appears to be on a higher side.
Accordingly, the plaintiff is held entitled to the interest @ 9% per annum on the amount of Rs.8,10,000/- from the date of filing of the present suit till the date of the realization of the decreetal amount.
Issue No. 2: Relief
16. In the light of the findings on issue no. 1, the suit of the plaintiff is decreed ex-parte and an ex-parte decree is passed in favour of the plaintiff and against the defendant for an amount of Rs.11,97,480.65/- together with the pendente-lite and future interest @ 9% per annum on the principal amount of Rs.8,10,000/- from the date of institution of the present suit till the date of the realization of the decreetal amount. Costs of the suit are also awarded in favour of the plaintiff.
17. Decree sheet be prepared by the Reader, after payment of the additional Court Fees, if any.
18. File be consigned to the record room.
Digitally
ANNOUNCED IN THE OPEN COURT, RAJ
signed by
RAJ
KUMAR
On this 20th December 2025 KUMAR Date:
2025.12.20
16:05:25
+0530
(RAJ KUMAR)
District Judge, (Commercial Court)-01 South West District, Dwarka Courts New Delhi CS (COMM.) No. 243/2025 Page 8 of 8 Bank of India Vs. Alok Kumar