Debts Recovery Tribunals and Appellate Tribunals

UNION BANK OF INDIA vs MR GANESH CHAND on 29 September 2026

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Beforc SUSHIL KUMAR RASTOGI' Presiding Officer Debts RecovelT Tribunal-Il' Delhi TA No.56 OF 2022

UNION BANK OF INDIA VS TIIR. GANESH CHAND &

oRs

Reserved on : 14'08'2025

Pronounced on : 29'O9'2026

-Applicant bank

This original application has been filed by the applicant bank, on 25'07'2OLB through Sh' Ashwani Kumar Sinha, Chief Manager of the applicant bank' under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of 30,84,545'80 together with cost'

charges and pendentellite and future interest @12'25olo from date of filing of this O'A' till the realization in full'

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FINAL ORDER

2. The brief facts of the case are that at the request of defendants, the applicant bank sanctioned a Housing Loan Financial Assistance Facility of Rs'26'00'000/-' vide Union Bank of India Vs.

1. Mr. Ganesh Chand

2. Ms. Rita Devi sanction letter executed all 09.09.2013. To

- Defendants Sh. Shubham Tyagi Singh, Counsel appears for apPlicant bank. o"f"[ir"G are expafte, since, 10'01'2025' dated 09'09'2013' The defendants necessary loaning documents on secure the aforesaid facilitY' the c\

defendant no.l equitable mortgage in favour of the applicant bank i'e', Equitable Mortgage of Properry situated at Flat No. B/P/803, Block-B, in Sanskriti on 8b Floor, having its total super area L74'656 sq' mtrs' Com prised Khasra No. 5 19, 522, 523, 524' 525 I 5' situated in Village Chhajarsi, NH-24, Pargana Loni' Tehsil Dadri' Distt, Gautam Budh Nagar, in the name of defendant no.1.

3. It is further submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial discipline and failed to repay the due amounts' The applicant bank requested the defendants to regularize the loan account by visits and letters' but there was no response from the defendants' Hence' the account was classifled as NPA dated 30'04'2016' The applicant bank serued a demand notice dated 20'05'2016 and legal demand/recall notice dated 19'01'2018 to the defendants but failed to recover the same Thus' the present O.A'ff.A. is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, defendants failed to put appearance at all, despite publication' Accordingly' the defendants were 10.01.2025. proceeded against exPafte on

5. The applicant bank has filed documents as Annexure P-2 to Annexure P-10' which have gone unchallenged and un-rebutted' Hence' the case of the applicant stands futly established against the defendants with respect to nonpaymet {1'tttunding amount' .er

J

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents filed by the applicant bank based upon the written/Printed documents' In the light of the above discussions' the present T'A' deserues to be allowed'

ORDER

1) I hereby allow this T'A' of the applicant bank and direct the defendant nos'1 and 2 to pay jointly and severally to the applicant bank within 30 days from today' a sum of Rs.30,84,545'80 along with cost' expenses and interest @10'25o/o from the date of fiting of this O'A' which has become T.A till the date of realization'

2) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered fromthesaleofmortgagepropertybearingFlatNo. B/P/803, Block-B, in Sanskriti on 8h Floor' having its total super area L74.656sq' mtrs' Comprised Khasra No'519' 522,523,524,52515, situated in Village Chhajarsi' NH- 24, Pargana Loni, Tehsil Dadri' Distt' Gautam Budh Nagar. In case of short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos'1 and 2'

3) Recovery Certificate be issued forthwith and be sent to Reiovery Officer, Debts Recovery Tribunal-Il' Delhi' 6\

4) The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the parties. Date : 29.09'2026 Date : 29.09.2026 This judgement has been signed' dated and pronounced in oPen court' (} (SUSHIL KUIVIAR NISTOCTI PRESIDING OFFICER DRT-II, Delhi

5) Parties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 30'11'2026' Pending IAs, if any, stand disPosed of' File be consigned to records' ,9X (SUSHIL KUMAR NNJTbCTI PRESIDING OFFICER DRT-II, Delhi

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