Debts Recovery Tribunals and Appellate Tribunals
UNION BANK OF INDIA vs DEEPA NAGPAL on 16 May 2026
Debts Recovery Tribunal-I, Delhi
4th Floor, Jeevan Tara Building,
Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma T.A. No. 758 of 2023
Union Bank of India
10184, Arya Samaj Road
Karol Bagh, New Delhi-110005
Versus
1. Mrs. Deepa Nagpal w/o Sh.Gulshan Kumar R/o H.No. 10/3, Second Floor Subhash Nagar, New Delhi-110027
2. Sh.Jatin Nagpal s/o Gulshan Kumar
R/o H.No. 10/3, Second Floor
Subhash Nagar, New Delhi-110027
3.
Sh.Mukesh Kumar s/o Roop Chand
R/o H.No. 10/3, Second Floor
Subhash Nagar, New Delhi-110027
Applicant
Defendants
Present: Mr. Avinash Chandra, Counsel for the applicant bank Date of Reserve: 30.04.2026
Date of Pronouncement: 16.05.2026
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FINAL ORDER
This original application has been filed by the applicant bank on 22.11.2017 before DRT-III, Delhi and then transferred to DRT-I Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of Rs.82,05,165/- (Rupees Eighty Two Lacs Five Thousand One Hundred Sixty Five only) as on 01.11.2017 along with pendentelite interest @12.95% per annum with monthly rests from the date of filing this application till the date of its realization and costs. 50(
2. The brief facts of the case are that on the request of the defendant no.1 and 2 vide loan application for housing loan dated 12.02.2015, the applicant bank sanctioned housing loan of Rs.78,00,000/- (Rupees Seventy Eight Lacs only) on 17.02.2015 @10.00% rate of interest to be repayable in 260 EMIs of Rs.73,495/- from March 2015 in order to purchase Second Floor, Plot No.17/99, Subhash Nagar Tihar-I, New Delhi from defendant no.3.
3. That in order to avail the housing loan facility, the defendant no.1 and 2 submitted loan application and executed Agreement for Housing Loan dated 19.02.2015, Agreement to Sell & Purchase dated 11.02.2015, Agreement on Rate of Interest from defendant no.1 & 2, Letter of Guarantee dated 19.02.2015 executed by defendant no.1 & 2 and Memorandum of Deposit of Title Deed with the applicant bank.
4. That in order to secure the housing loan facility, the defendant no.1 deposited the title deeds along with chain of documents of property bearing no. Second Floor, Plot No.17/99, Subhash Nagar Tihar-I, New Delhi towards applicant bank on 10.04.2015.
5. It has been submitted by the applicant bank that after availing the loan facility, the defendant no.1 & 2 failed to maintain financial discipline and comply with the terms and conditions of loan despite several requests and reminders and defaulted in payment of monthly installments in time to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 28.02.2017 but defendants neglected, hence the applicant bank has approached this Tribunal for recovery of their dues. The defendant no.3 failed to complete its obligations in terms of Tripartite Agreement. S01—
6. Notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 09.03.2017 was issued to the defendant no.1 & 2 but failed to comply the notice.
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 13.11.2024, 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 photocopies of various security documents such as General Power of Attorney of Authorized Officer, Application for Housing Loan, Sanction Letter, Title Search Report, Letter of Undertaking, Agreement to Sell & Purchase, Sale Deed, Memorandum of Deposit of Title Deeds, Demand Notice u/s 13(2), Possession Notice u/s 13(4), Statement of Account marked from page no.1 to 43.
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 and the applicant bank has proved its case beyond reasonable doubts.
11. In the light of the above discussions, the Original Application deserves to be allowed. Sd--
ORDER
I, allow this OA and direct the defendant No.1 & 2 to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.82,05,165/- (Rupees Eighty Two Lacs Five Thousand One Hundred Sixty Five only) as on 01.11.2017 along with pendentelite interest @12.95% per annum with monthly rests from the date of filing this application till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged property being Second Floor, Plot No.17/99, Subhash Nagar Tihar-I, New Delhi. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendant no.1 & 2. (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 15.07.2026. (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: 16.05.2026