UNION BANK OF INDIA vs SHRI NAUSHER KHAN on 23 March 2026

**FINAL ORDER**

This original application has been filed by the applicant bank filed before DRT-II, Delhi on 10.05.2018 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.29,15,613/- (Rupees Twenty Nine Lacs Fifteen Thousand Six Hundred Thirteen only) as on 31.03.2018 along with pendentelite and future interest @11.65% per annum with monthly rests from 01.04.2018 till the date of realization and costs.

2. The brief facts of the case are that on the request of defendant no.1 & 2 (Sh.Nausher Khan & Mrs.Khalida Khan - since deceased now represented through their legal heirs being defendant no.1(a) to 1(d), the applicant bank sanctioned housing loan for Rs.38.12 lacs (Rupees Thirty Eight lacs Twelve Thousand only) on 20.01.2016 in order to purchase under construction Unit no.B-302, 3^rd Floor, Tower /Block-B, Type 2BHK admeasuring 1175 sq. ft., One Leaf Troy, Plot no.GH-01D, Sector 10, Greater Noida (West), Dist. Gautam Budh Nagar, Uttar Pradesh being constructed by defendant no.3 (now defendant no.2 as per amended memo) @9.65% rate of interest with monthly rests. The defendant no.1 and 2 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 no.1 and 2 submitted loan application and executed Agreement for Term Loan, Letter of Undertaking and Sd/- Declaration from the borrower, Request for Disbursement Letter, Flat Buyers Agreement, Noting of Lien, Permission to Mortgage by defendant no.3 and Memorandum of Deposit of Title deeds/Memorandum of Agreement/ Letter of Deposit of Title Deeds with the applicant bank on 22.01.2016.

4. In order to secure the housing loan facility, the defendant no.1 created equitable mortgage of property i.e. Unit no.B-302, 3^rd Floor, Tower /Block-B, Type 2BHK admeasuring 1175 sq. ft., One Leaf Troy, Plot no.GH-01D, Sector 10, Greater Noida (West), Dist. Gautam Budh Nagar, Uttar Pradesh as per Memorandum of Agreement and Memorandum of Deposit of Title Deeds in favour of applicant bank.

5. As per Tripartite Agreement dated 22.01.2016, the defendant no.3 / builder had undertaken that in case of failure of payment of dues by defendant no.1 and 2 as per schedule shall be the entire and exclusive responsibility and liability to pay and clear the dues of the applicant bank. The defendant no.3/builder had undertaken that on receipt of entire consideration amount, they shall execute proper sale deed/lease deed and shall deliver the sale deed/lease deed directly to the applicant bank. As per agreement, the applicant bank shall have first lien over the flat being constructed and issued no objection for creating equitable mortgage

6. It has been submitted by the applicant bank that after availing the housing loan facility, the defendants failed to maintain financial discipline and comply with the terms and conditions of loan agreement despite several requests and monthly installments in time to the applicant bank. Ultimately, the applicant bank issued recall notice dated 06.03.2018 calling upon the defendants to clear outstanding dues but defendants Sd- neglected to pay, hence, the applicant bank has approached this Hon'ble Tribunal for recovery of their dues.

7. 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 22.04.2024, the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.

8. In order to prove its case, the applicant bank has filed its evidence by way of filing the documents such as Power of Attorney of AR, Original Loan Application, Original CSI dated 20.01.2016, Original Agreement for Term Loan, Original Letter of Undertaking cum Declaration from Borrower, Original Request for Disbursement, Original Memorandum of Agreement / Memorandum of Deposit of Title Deeds, Copy of Share Certificate, Flat Buyer's Agreement, Noting of Lien, Permission to Mortgage, Tripartite Agreement, Copy of Address & ID Proofs, Certified Statement of Account and Copy of Demand Notice with Postal Receipts marked as Page No.20 to 86.

9. 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.

10. 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/-*

11. In the light of the above discussions, the Original Application deserves to be allowed.

**ORDER**

I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within a period of 30 days, a sum of Rs.29,15,613/- (Rupees Twenty Nine Lacs Fifteen Thousand Six Hundred Thirteen only) as on 31.03.2018 along with pendentelite and future interest @11.65% per annum with monthly rests from 01.04.2018 till the date of realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged Unit no.B-302, 3^rd Floor, Tower /Block-B, admeasuring 1175 sq. ft., One Leaf Troy, Plot no.GH-01D, Sector 10, Greater Noida (West), Dist. Gautam Budh Nagar, Uttar Pradesh. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

(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 22.05.2026.

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

*Sd/- 126*

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

(Dictated and pronounced in open court) Dated: 23.03.2026