STATE BANK OF INDIA vs NARINDER on 14 August 2026

FINAL ORDER

This original application has been filed by the applicant bank before DRT-III Delhi on 17.02.2017 and then transferred to DRT-I, Delhi under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the defendants for recovery of a sum of Rs.77,38,440.77 (Rupees Seventy Seven Lacs Thirty Eight Thousand Four Hundred Forty and paisa Seventy Seven only) as on 06.12.2016 along with pendentelite and future interest @15.00% per annum from 07.12.2016 till the date of its realization and costs. Further, the name of Sh.Gauri Shanker Sahu has been substituted as authorized representative in place of erstwhile AR of the applicant bank.

2. The brief facts of the case are that on the request of defendant no.1 & 2 vide their housing loan application dated 28.01.2011, the applicant bank sanctioned housing loan facility of Rs.56,61,560/- (Rupees Fifty Six Lacs Sixty One Thousand Five Hundred Sixty only) on 15.02.2011 @9.25% interest per annum to be repayable in 240 EMIs of Rs.50112.97 in order to purchase Third Floor with roof right on Plot No.9, Block A, out of Khasra No.1076/5/2/8, area measuring 168.39 sq.metres Village Jhilmil Tahirpur, Illaqua Shandara, Delhi. The defendant no.3 & 4 stood as guarantors for the house loan facility sanctioned in favour of the defendant no.1 and 2. The defendant no.3 being joint home loan borrower of Rs.40.00 lacs with his late father Sh.Chaman Lal at Ghaziabad branch of the applicant bank for Flat No.D-11/S-1, Dilshad Colony, Delhi (sale deed dated 19.08.2011)

3. That in order to avail housing loan facility, the defendant no.1 & 2 submitted housing loan application dated 28.01.2011 c and executed Letter of Arrangement, Memorandum of Term Loan Agreement, Affidavit as well as Agreement to Mortgage by defendant no.3 and 4 on 15.02.2011 with the applicant bank.

4. It has been submitted by the applicant bank that in order to secure the housing loan facility, the defendant no.1 & 2 created equitable mortgage of property being Third Floor with roof right on Plot No.9, Block A, out of Khasra No.1076/5/2/8, area measuring 168.39 sq.metres Village Jhilmil Tahirpur, Ilaqua Shandara, Delhi by depositing Sale Deed on 18.02.2011 in favour of applicant bank.

5. It has been submitted by the applicant bank that after availing the housing loan facility, the defendants no.2, 3 and 4 failed to comply with the terms and conditions despite several requests and reminders as defendant no.1 had expired on 01.12.2011, they failed to pay the outstanding instalments to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 01.10.2012 as per RBI guidelines but the defendants failed to regularise the account, hence the applicant bank has approached this Tribunal for recovery of their dues.

6. The defendant no.2 being surviving co-borrower acknowledged the debt vide letter dated 10.11.2014 for Rs.61,72,810/- towards the applicant bank and enquired about her closure balance on 15.12.2015.

7. Notices under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 was issued on 01.11.2012 to the defendants by the applicant bank but they failed to clear the dues. Thereafter, applicant bank issued possession notice u/s 13(4)

on 05.09.2014 and filed application u/s 14 before Ld.CMM Delhi and obtained possession order thru Court Receiver who took the possession on 01.06.2016 after dismissal of securitization application of defendants by Hon'ble DRT-III Delhi on 11.02.2016. The applicant bank auctioned the mortgaged property for Rs.53.00 lacs (approx.) thru e-auction.

8. 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 02.11.2019, defendant no.2 and 4 proceeded ex-parte and vide order dated 27.03.2025, all 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.

9. In order to prove its case, the applicant bank has filed its evidence by way of filing the copies of documents such as Gazette Notifications, Housing Loan Application, Letter of Arrangement, Memorandum of Term Loan Agreement for Housing Loan, Agreement to Mortgage, Guarantee Agreements, Affidavit, Joint Home Loan of Defendant no.3, Notice u/s 13(4), Order of Ld.CMM, Shandara dated 25.02.2015, Court Receiver Notice, Order dated 27.03.2015 & 11.02.2016 of DRT-III Delhi, Physical Possession of Mortgaged Property, Notice to Co-Borrower u/s 8(6), True Copy of Death Certificate of defendant no.1, Publication for E-Auction, Letter of Acknowledgement by surviving borrower, Letter of surviving borrower dated 15.12.2015, Certified Statement of Housing Loan Account under Banker's Books of Evidence Act Marked as Page no.1 to 203.

10. 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. .

11. The case filed bythe 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.

12. 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.77,38,440.77 (Rupees Seventy Seven Lacs Thirty Eight Thousand Four Hundred Forty and paisa. Seventy Seven only) as on 06.12.2016 together with pendentelite and future interest @12.00% per annum from the date of filing of this application till the date of realization with costs. As the applicant bank has auctioned the mortgaged property thru e- auction and the amount be appropriated in the account. 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 13.10.2026.

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

(GOVIND BALLAIARMA) PRESIDING OFFICER DRT-I, DELHI (Dictated and pronounced in open court) Dated: 14.08.2026