Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs MR. RAVI KUMAR on 7 March 2026
Debts Recovery Tribunal-I, Delhi
4th floor, Jeevan Tara Building,
Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma T.A. No. 589 of 2022
Punjab National Bank
Circle Sastra East Delhi, First floor
CSC, [-Block, Mayur Vihar Phase II,
New Delhi-110091
Versus
Sh. Ravi Kumar s/o Sh. Kunwar Pal Singh
8/134, Khichripur
Delhi-110091
Applicant
Defendant
Present: Sh.Santosh Kumar Rout, Counsel for applicant bank Date of Reserve: 24.02.2026
Date of Pronouncement: 07.03.2026
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FINAL ORDER
This original application has been filed by the applicant bank on 07.05.2016 before DRT-II Delhi and then transferred to DRT-I Delhi under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the defendant for recovery of a sum of Rs.71,40,157/- (Rupees Seventy One Lacs Forty Thousand One Hundred Fifty Seven only) along with pendentelite and future interest @12.25% per annum with monthly rests from the date of filing of this application till the date of realization and costs.
2. The brief facts of the case are that at the request of defendant, the applicant bank sanctioned Housing loan for a sum of Rs.49,00,000/- (Rupees Forty Nine Lacs only) on 13.11.2013 @10.25% per annum against mortgage of house. Further, on the request of the defendant, the applicant bank sanctioned Overdraft facility for a sum of Rs.10,00,000/- (Rupees Ten Lacs only) on 07.12.2013. The defendant also agreed to pay penal interest @2% per annum in case of default or delay in repayment.
3. That in order to avail the housing loan facility, the defendant executed Agreement for Individual Housing Loan and Agreement for Overdraft with the applicant bank on 13.11.2013
4. That in order to secure the housing loan facility, the defendant created equitable mortgage of property bearing no.L-3/28B, Portion of Ground Floor without roof rights, admeasuring 40 sq. yards, out of Khasra no.58/6, Village Hastsal, known as Block L-3, Mohan Garden, Uttam Nagar, Delhi-110059 with the applicant bank.
5. It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendant failed to comply with the terms and conditions neither regularize the account despite several emails/letters dated 30.11.2014. Ultimately, the applicant bank classified the account as NPA on 30.12.2014 as per RBI guidelines and issued legal notice dated 20.11.2014 but defendant neglected the same. Hence, the applicant bank has approached this Tribunal for recovery of their dues. After the account became irregular, the applicant bank enquired about property from Sub Registrar Office and came to know that the title deed deposited with bank is fake and fabricated so the applicant bank made a complaint before the P/S/ Ghazipur and FIR was lodged against the defendant.
6. Notices of this O.A. were issued to the defendant and despite of proper service the defendant has chosen to absent from the proceedings. As per order dated 17.02.2017, the defendant has been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets has been filed by the defendant.
7. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Mrs. Suchitra Negi, authorized representative of the applicant bank who has proved the documents such as General Power of Attorney, Application for Grant of Home Loan, Sanction Letter, Agreement for Home Loan, Title Deed, FIR with Police Station, Sanction Letter for OD, Agreement for Overdraft Facility, Statement of Accounts Certified under Banker's Books Evidence Act, Legal Notice, Memorandum of Account, Original Application and ex-parte Evidence marked as Ex.AW-1/1 to Ex.AW-1/11.
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 unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.
10. In the light of the above discussions, 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.71,40,157/- (Rupees Seventy One Lacs Forty Thousand One Hundred Fifty Seven only) along with pendentelite and future interest @12.25% per annum with monthly rest from the date of filing of this application till the date of realization failing which the aforesaid amount shall be recovered from the sale of mortgaged property bearing no.L-3/28, Portion of Ground Floor without roof rights, admeasuring 40 sq. yards, out of Khasra no.58/6, Village Hastsal, known as Block L-3, Mohan Garden, Uttam Nagar, Delhi-110059. In case of shortfall, the same shall be recovered from the sale of moveable and immovable property of the defendant. (II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi. (III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 06.05.2026. (IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI (Dictated and pronounced in open court) Dated: 07.03.2026