CANARA BANK (SYNDICATE BANK) vs SHEELA SHARMA on 4 April 2026

**FINAL ORDER**

This original application has been filed by the applicant bank on 25.05.2018 before DRT-III Delhi & 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.32,33,124.93 (Rupees Thirty Two Lacs Thirty Three Thousand One Hundred Twenty Four and Paisa Ninety Three only) as on 30.04.2018 along with pendentelite and future interest @13.85% per annum with monthly rests from 31.01.2018 till the date of realization and costs.

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2. The brief facts of the case are that on the request of defendant no.1 vide loan application dated 18.01.2007, the applicant bank sanctioned housing loan facility for a sum of Rs.17,80,000/- @9.50% interest per annum in order to purchase and renovation of property bearing H.No.252, Khewat No.1, Khasra No.506,513,514 & 534, Chandawali, known as Bholanath Nagar, Shahdara, Delhi on 22.01.2007. On the request of defendant no.1, the applicant bank restructured/ rephrased the account on 26.03.2009 rescheduled the installments. The defendant no.2 stood as guarantor executed Housing Loan Agreement along with defendant no.1.

3. That in order to avail the housing loan facility, the defendant no.1 submitted loan application dated 18.01.2007 and executed Certified Copy of Handing over Title deed of Property dated 19.12.2006, Housing Loan Agreement & Declaration dated 23.01.2007, Receipts dated 23.01.2007, 22.03.2007 & 25.05.2007 and Letter of Confirmation of Deposit of Title Deeds dated 22.03.2007 in favour of the applicant bank. In addition, the defendant no.1 executed ADV-28A i.e. Articles of Agreement dated 26.03.2009 for restructuring / rephrased the instalments in the account in favour of applicant bank.

4. In order to secure the housing loan facility, defendant no.1 created Unregistered Equitable Mortgage of the property bearing no. H.No.252, Khewat no.1, Khasra no.506, 513, 514 & 534, Village Chandwali, known as DS Block, Bholanath Nagar, Shahdara, Delhi by handing over all the original documents of property in favour of applicant bank.

5. It has been submitted by the applicant bank that after availing the housing loan facility, the defendants failed to Sd/- maintain financial discipline and comply with the terms and conditions despite several requests & deposit the monthly installments in time. Ultimately, the account became irregular and was classified as NPA on 09.10.2010 as per RBI guidelines but defendants failed to regularize the account. Hence, the applicant bank has approached this Tribunal for recovery of their dues.

6. Notices under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 10.07.2010 was issued upon defendants and bank proceeded for taking physical possession of the mortgaged property after relying on order dated 08.08.2011 of ACMM, Tis Hazari, Delhi against which defendants filed SA no.587 of 2011 before the Hon'ble DRT-III, Delhi, which was dismissed for non-prosecution by defendants vide order dated 06.07.2016.

7. Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. As per order dated 06.01.2020, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal nor written statement, evidence and affidavit of assets have been filed.

8. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Gaurav Joshi, authorized representative of the applicant bank who has proved the documents such as Power of Attorney, Sanction Letter, Handing over Title Deed of Property, Housing Loan Agreement, Declaration from Defendant, Receipts, Letter of Confirmation of Deposit of Title Deeds, Articles of Agreement, Letter for Rescheduling, Process Note, Notice u/s 13(2), Possession A handwritten signature in dark ink, possibly 'SD' or 'SDA', is written over a rectangular stamp. The stamp contains some illegible text or a logo.

Notice, Certified Order dated 08.08.2011, Receiver Notice, Certified Order dated 06.07.2016, Statement of Account duly Certified under Banker's Books Evidence Act alongwith Certificate under Section 65B of Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/17.

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 unrebutted and there is no question of disbelieving the case of 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 defendants to pay to the applicant bank within 30 days, jointly or severally, a sum of Rs.32,33,124.93 (Rupees Thirty Two Lacs Thirty Three Thousand One Hundred Twenty Four and paisa Ninety Three only) as on 30.04.2018 along with pendentelite and future interest @13.85% per annum with monthly rest from 31.01.2018 till its realization along with costs, failing which the aforesaid amount shall be recovered from the sale of the mortgaged property bearing H.No.252, Khewat no.1, Khasra no.506, 513, 514 & 534, Village Chandwali, known as DS Block, Bholanath Nagar, Shahdara, Delhi. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

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(II) The recovery certificate be issued forthwith and be sent the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 03.06.2026.

(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: 04.04.2026