STATE BANK OF INDIA vs ANAND KISHORE CHOUDHARY on 30 April 2026

FINAL ORDER

This original application has been filed by the applicant bank on 02.08.2019 before DRT-II Delhi & then transferred to .5c/—

DRT-I, Delhi under section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.32,34,945/- (Rupees Thirty Two lacs Thirty Four Thousand Nine Hundred Forty Five only) as on 04.07.2019 together with pendentelite and future interest @9.55% per annum with monthly rest plus @2% penal interest till the date of actual and final realization along with all costs.

2. The brief facts of the case are that at the request of defendant no.1 vide loan application dated 18.09.2013, the applicant bank sanctioned housing loan of a sum of Rs.31,50,000/- (Rupees Thirty One lacs Fifty Thousand only) on 16.12.2013 @10.50% interest subject to change as per bank guidelines to be repayable in EMIs of Rs.29,039/- for purchasing Flat bearing no.LE-A/204, Second Floor, Luxuria Estate, Sector-6, Tower/Block A, Aditya World City, Ghaziabad, UP to be constructed by defendant no.2 being builder / developer / promoter.

3. That in order to avail the housing loan facility, the defendant no.1 submitted loan application dated 18.09.2013 and executed Loan Arrangement Letter, Loan Agreement and Agreement to Mortgage on 16.12.2013. The defendant no.2 executed permission to mortgage / No Objection Letter dated 02.12.2013 and Tripartite agreement with defendant no.1 and applicant bank on 16.12.2013.

4. That in order to secure the housing loan facility, the defendant no.1 created equitable mortgage of Flat bearing no.LE-A/204, Second Floor, Luxuria Estate, Sector-6, Tower/ Block A, Aditya World City, Ghaziabad, UP towards applicant bank by deposit of the title documents with the applicant bank.

5. As per Tripartite Agreement, respondent marked lien on the flat being financed and money deposited by respondent no.1 through his own sources or loan availed from applicant bank. The defendant no.2 agreed to refund all the amount received in case of default in repayment by defendant no.1 and not to deliver the possession of the flat or cancel the booking.

6. It has been submitted by the applicant bank that after availing the loan facility, the defendants failed to comply with the terms and conditions and despite of several requests and reminders, the defendants failed to pay the installments in time to the applicant bank despite personal requests. Ultimately, the applicant bank classified the account as NPA on 30.04.2019 and issued legal demand notice dated 06.07.2019 calling upon defendants to pay the dues. The applicant bank vide notice dated 06.07.2019 called upon defendant no.2 to cancel the booking of flat and return all the amounts received but both the defendants failed to liquidate the outstanding amount, hence the applicant bank has approached this tribunal for recovery of their dues.

7. Notices of this O.A. were issued to the defendants and despite of proper service even through publication, the defendants have chosen to absent from the proceedings. As per order dated 27.09.2024, the defendant no.1 has 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 defendant no.1.

8. The defendant no.2 submitted that completion of project as per completion certificate dated 07.10.2016 issued by GDA and defendant no.1 has been offered to take possession of the 5d—

flat and executed sale deed subject to payment of outstanding dues and completion of other formalities through various letters etc. but not responded. Further, their liability is limited to cancellation of the booking as per clause 2 of Tripartite Agreement and pay all amounts received from defendant no.1 to the applicant bank, thus in conformity of clause no.15, ready to register sale deed in the name of applicant bank or the nominee of applicant bank subject to payment of balance sale consideration and other charges which comes to Rs.23,64,704/- as on 07.09.2021 which is outstanding against defendant no.1.

9. On the contrary, the applicant bank denied the averments made by the defendant no.2 and submitted that with ulterior motive to cause wrongful loss and cause gain to itself has not intentionally returned the entire amount received from defendant no.1 to the applicant and delaying the process of recovery initiated by applicant bank, praying for dismissal of any relief with costs. Further, the applicant bank entitled for all the reliefs as claimed in the original application.

10. Heard and perused the pleadings. Apparently, defendant no.2 have raised the objections that the defendant no.1 has not taken the possession of the flat and not deposited outstanding dues and other charges of Rs.23,64,704/-. This Tribunal has gone through the documents which are duly filled and executed by the defendants no.1 and 2 and this Tribunal is of the view that the defendant no.1 and 2 have not complied with the Tripartite Agreement by not clearing the outstanding dues of applicant bank. Sd -

11. The witness of the applicant bank has fully corroborated the averments made in this O.A. The evidence lead by the applicant bank which consists of mainly written / typed documents have gone unchallenged and there is no question of disbelieving the same based upon the documents. This Tribunal has also observed that not an iota evidence/documents has been led by the defendants against the claim of the applicant bank and has made only submission on fact as stated in the written statement evidence. In the civil proceedings it cardinal principle, that whosoever alleges a fact he/she has to prove in the court of law by leading evidence mere assertion are not sufficient.

12. In view of the above fads and circumstances, this Tribunal is of the view that the defendants have failed to convince this Tribunal and this Tribunal do not find any merit and reject the contentions of the defendants as baseless. I hereby allow this O.A. as the applicant bank has proved its claim beyond reasonable doubt.

13. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Ashok Kumar, authorized representative of the applicant bank who has proved the documents such as Gazette Notification Ex.PW-1/1, Loan Application Ex.PW-1/2, Arrangement Letter Ex.PW-1/3, Agreement for Home Loan Ex.PW-1/4, Agreement to Mortgage Ex.PW-1/5, Builder Buyer Agreement Ex.PW-1/6, Permission to Mortgage Ex.PW-1/7, Tripartite Agreement Ex.PW-1/8, Demand Notice Ex.PW-1/9, Postal Receipts Ex.PW-1/10, Demand Notice to Defendant no.2 Ex.PW-1/11, Postal Receipts Ex.PW-1/12, Statement of Account Ex.PW-1/13. sd-

14. 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.

15. 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.

16. 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 a period of 30 days, jointly or severally, a sum of Rs.32,34,945/- (Rupees Thirty Two lacs Thirty Four Thousand Nine Hundred Forty Five only) as on 04.07.2019 together with pendentelite and future interest @11.55% per annum from 04.07.2019 till the date of realization with costs failing which the aforesaid amount shall be recovered from the sale of Flat bearing no.LE-A/204, Second Floor, Luxuria Estate, Sector-6, Tower/Block A, Aditya World City, Ghaziabad, UP. In case of shortfall, the same shall be recovered from the sale of moveable and immovable property of the defendants. 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 Recovery Officer, DRT I, Delhi on 01.07.2026.

IV. Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. 5-ri— (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI (Dictated and pronounced in open court) Dated: 30.04.2026